Conditions for the joint portfolio
All references to individuals in these conditions refer to all genders and apply to multiple persons where appropriate.
1. Opening
The opening of an "or" joint portfolio requires mutual consent by the contracting parties, which is provided electronically.
In general, opening a joint portfolio requires the prior creation of individual accounts or deposits by each counterparty, including verification of their identity through a test deposit. Depending on the circumstances, finpension may issue different instructions.
finpension also reserves the right to decline the conversion of an individual portfolio into a joint one.
2. Basic contract and asset management mandate
By electronically confirming the "Joint Portfolio Agreement," both parties agree that the existing master agreements and the asset management mandates of each party will continue to serve as the legal foundation for the joint portfolio. This includes the respective terms and conditions approved in the agreements (e.g., the general terms and conditions), subject to the provisions of these conditions.
The joint portfolio will be registered in the names of both contracting parties.
3. Authorisation
Each party has the right to dispose of or pledge assets in the joint portfolio, or to give and revoke any instructions or authorisations, without restriction. Each party may request the settlement of the joint portfolio.
4. Joint and several liability of the contracting parties
The contracting parties shall be jointly and severally liable to finpension for all current and future claims against them by finpension, even if such claims arise from the actions or obligations of only one party, in accordance with Article 143 et seq. of the Swiss Law of Obligations.
5. Payment upon termination
In the event of termination by finpension, the joint portfolio will be liquidated and paid out to the IBAN used for the most recent deposit.
6. Transformation due to a Contracting Party’s death
If a Contracting Party passes away, the joint portfolio will be converted into an individual portfolio in the name of the surviving Contracting Party only. The individual portfolio will retain the same IBAN as the joint portfolio.
This means that the surviving Contracting Party is the sole person authorized to dispose of the portfolio, and the heirs do not inherit the rights of the deceased (see para. 3).
7. Information to heirs
Upon request from the heirs of a deceased contracting party, finpension may provide information about the customer relationship of the community portfolio up to the point of conversion into an individual portfolio, and may discloe the name of the surviving contracting party.
8. Scope of the agreement
This agreement exclusively governs the legal relations between the contracting parties and finpension, regardless of internal relations, including ownership rights of the contracting parties or their successors.
9. Entry into force
These conditions for the joint portfolio take effect on 14 July 2025.
Lucerne, 14 July 2025
The management of finpension AG