bullish consensus
Madmaxista
me gustaría preguntar que porcentaje de vuestros ahorros teneis en SQ o en otras cuentas exteriores respecto a los ahorros en cuentas nacionales
*Tema mítico* : ¿Qué opináis de SwissQuote para guardar los ahorros?
- Autor del tema damnit
- Fecha de inicio
nekcab
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No lo entiendo.
El forero "mecaweto" ha descrito con bastante precisión (gracias de nuevo, mecaweto) las casillas a rellenar, y en tu resumen solo mencionas la casilla 22, no mencionando nada de la 734 (doble imposición internacional -que me la mencionaron a mi en su día los propios de Hacienda- ).
Y entonces, me pierdo con eso que te comenta el "informador" de Hacienda que te tocó (¿es posible que fuera un poco "zarpas" y la defecara un poco?)
señor eko
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Confirmo que a mi también me han indicado en el teléfono informativo de la AEAT que hay que rellenar la casilla 734 para evitar la doble imposición, tal y como lo explica mecaweto seis post más arriba.
Singularidad informativa
Madmaxista
Entiendo por lo que he ido leyendo en el hilo que retienen el 35% por imperativo legal e independientemente de que renuncies al secreto bancario.
Como comentan unos cuantos posts más atrás, en caso de querer reclamar lo retenido de más ya existe un procedimiento con la Hacienda suiza:
Tienes que estar registrado para ver este contenido
¿Algún voluntario? :fiufiu:
mecaweto
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Bueno, pues yo me dí de alta hace 4 días en la web y pedí los impresos en papel, por probar. Esta mañana me ha llegado por correo un sobre grande con la bandera de Suiza y con toda la documentación e instrucciones, en español y francés. Eficiencia suiza.
Luego he mirado un poco en Internet y he encontrado esto:
Tienes que estar registrado para ver este contenido
, donde explican muy bien que hay que hacer y como presentarlo.La duda que me entra es que parece ser que todo está orientado a dividendos de acciones y no a intereses, aunque el impreso tiene el encabezado "Petición de devolución sobre los dividendos e intereses de procedencia suiza".
Me explico: en el enlace de la OCU dice que en dividendos retienen el 35%, pero que segun el convenio para evitar la doble imposición, el impuesto máximo a pagar por un no residente es del 15%, por tanto tienes derecho a recuperar ese 20%.
En nuestro caso nos han retenido un 35% de los intereses y parte de ellos (aquí asumimos que el 21%, pero nunca ha quedado claro) han sido transferidos de la hacienda suiza a la hacienda española. Por tanto un 14% de lo retenido se ha quedado en Suiza. ¿Podemos recuperarlo con este impreso?. Pues no lo tengo claro por varios motivos:
1) Según el enlace de la OCU, referido a dividendos de acciones, el 15% de los dividendos se queda en Suiza aunque seas no residente.
2) El impreso que tengo en mis manos aparecen columnas con encabezamientos en porcentajes del 20% y el 35%. ¿Dónde poner lo nuestro?.
Me miraré con calma el impreso estos días y el convenio de doble imposición, a ver si puedo sacar algo en claro.
pinkfloyd
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buenas tardes, ya me he dado de alta y tengo las claves
estoy entrando por primera vez en la página con mis claves y me dice que tengo que aceptar los artículos 2,3,4,5 y 6
hay que aceptarlos todos?
gracias de antemano
Última edición:
pinkfloyd
Madmaxista
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- 26 Abr 2013
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Buenas noches, soy nuevo en éste foro
Después de leer casi todo de lo que habéis escrito sobre el tema de la apertura de la cuenta en SWISSQUOTE, me he decidido a darme de alta.
Os informo de mi experiencia:
1- 2 días después de abrir la Dynamic Saving Account a través de su web, ya tenía los documentos en mi domicilio.
2- En la documentación sólo me pedían firmar el contrato y enviar el DNI compulsado (lo compulsé en una oficina de policía = 0€.) Visto lo que indicabais en el foro, también envíe una copia de una factura (en la que venían los datos de mi domicilio) y la copia firmada del documento para optar por la opción B = para que el banco de mis datos a la hacienda de España.
3- Este viernes (4 días después) he recibido la confirmación de la apertura y las claves del personal pasword
4- Tengo un pequeño dilema, he entrado por primera vez a mi acceso personal y lo primero que veo es un párrafo en inglés interminable con 6 artículos que indica que hay que dar mi conformidad. Alguien me puede indicar si le ha pasado lo mismo y si hay que validar los 6?
este es el mega texto
erms and conditions relating to the Dynamic Savings Account
Please click on and accept the art. 2, 3, 4, 5 and 6 of the present Terms and conditions.
1. Introduction
The service that Swissquote Bank SA ("Swissquote") provides to its clients under the name "Dynamic Savings Account" (hereinafter also referred to as "the Account") consists of three main components:
- a "conventional" savings account with Swissquote;
- a tool for making fiduciary investments with banks outside Switzerland;
- a tool for making investments in securities.
These Terms and Conditions govern the use of the Dynamic Savings Account and are an integral component of the Account Opening Agreement for the Dynamic Savings Account.
2. First component: a "conventional" savings account
2.1 General considerations
As indicated in the introduction, one component of the Dynamic Savings Account is a "conventional" savings account: the money you deposit with Swissquote remains with Swissquote, which will pay interest at the published rate.
2.2 Interest
i) The interest rate paid by Swissquote shall be published in a form that it considers appropriate, and may be adjusted at any time without prior notice.
ii) Interest shall be credited to your account at intervals that will be chosen by Swissquote at its entire discretion and that will be published in a form it considers appropriate, but at least once a year.
iii) Interest paid by Swissquote shall be subject to withholding tax (Swiss withholding tax at a rate of 35% as of 1 May 2008). You are reminded that interest must be declared to the relevant tax authority. If you are domiciled in Switzerland, you may be able to request a refund of the amount retained by Swissquote by way of Swiss withholding tax. If you are domiciled outside Switzerland, the withholding tax on such interest may be refunded or reduced if a double taxation agreement exists between your country of domicile and Switzerland.
You declare that you have read, understood and accept all the above clauses.
3. Second component: fiduciary investment tool
3.1 General considerations
As indicated in the introduction, the second component of the Dynamic Savings Account is a tool for making fiduciary investments with selected foreign banks.
More precisely, this tool enables you to issue to Swissquote an order to invest part of your assets with a foreign bank, setting out the investment criteria (e.g. amount, currency, term). The investment shall be made in the name of Swissquote (your name will not be communicated to the foreign bank), but for your account and at your risk. This means that your assets will no longer be deposited with Swissquote, but instead with the foreign bank.
Any such orders for fiduciary investments with foreign banks must be issued to Swissquote via the Swissquote website.
Swissquote shall not be obliged to immediately carry out the fiduciary investment that you have requested. Swissquote reserves the right to carry out fiduciary investments periodically, for example twice a month, and to combine this investment with sums belonging to other clients that have issued orders for an investment subject to the same conditions (e.g. same term and same currency), particularly in order for Swissquote to obtain satisfactory conditions for its clients.
When you issue investment orders, you may issue instructions concerning any reinvestment of the principal invested and/or the interest received when the investment is repaid. These instructions may be amended at any time until the reinvestment process starts: you must take note of the cut-off time for amending your order, which shall be published in a form that Swissquote considers appropriate.
3.2 Fiduciary agreement for more than one investment
By accepting these Terms and Conditions, you conclude the trinc agreement between you and Swissquote:
i) You instruct Swissquote to carry out fiduciary investments in the form of time deposits at foreign banks, in its own name but for your account and at your risk. Swissquote shall act as agent within the meaning of Art. 394 ff. of the Swiss Code of Obligations.
ii) To the extent permitted by the Dynamic Savings Account, you shall be solely responsible for selecting the investment currency, amount and term, and for the reinvestment or otherwise of the principal and/or interest. Swissquote shall at its entire discretion select the foreign bank and decide on any other arrangements, unless expressly indicated by you. Throughout the term of this Agreement, you shall however remain entitled to issue Swissquote with any special written instructions in respect of such investments.
iii) Any fiduciary investment shall be made subject to the funds available in your Account. It is therefore agreed that when making investments at its entire discretion, Swissquote shall not be entitled to charge such investments to any credit facilities granted to you.
iv) Swissquote shall solely be obliged to transfer to you such amounts as are freely available to it, which have been received at the registered office of Swissquote by way of repayment of principal and interest from the foreign bank. You shall bear the exchange rate, transfer and counterparty risks of the foreign bank, as well as the other risks inherent in fiduciary investments, and confirm that you are fully aware of all such risks. You acknowledge and accept that the sum invested shall be subject to any laws and other regulations applying in the country of the foreign bank or the investment currency, either now or in the future.
v) In the event that a foreign bank fails, either in whole or in part, to fulfil its obligations or comply with transfer and exchange regulations applying in its country or that of the investment currency, Swissquote shall only be obliged to assign to you any claim that it holds on your behalf. Swissquote shall not be obliged to provide any other service. In the case of pooled fiduciary investments, you shall bear the risk of being unable to take action alone against the foreign bank.
vi) You undertake to pay Swissquote an agent's commission at a rate that will be published in a form which Swissquote considers appropriate and that will be adjusted from time to time.
vii) All legal relations between you and Swissquote shall be governed by and construed in accordance with Swiss law. Gland, the location of Swissquote's registered office, shall be the place of performance in respect of the mutual obligations of the parties under this Agreement and the place of debt enforcement for clients whose permanent residence or registered office is outside Switzerland. Gland shall be the exclusive place of jurisdiction for all proceedings. Swissquote shall also have the right, however, to initiate proceedings against you at the court (or authority) at your place of domicile, or at any other court or authority having jurisdiction to hear or determine such claim, in which event Swiss law shall continue to apply.
3.3 Risks
In addition to the exchange rate and transfer risk, you bear the counterparty risk associated with the foreign bank. When a fiduciary investment is made, the money is invested with the foreign bank: you therefore bear the insolvency risk of the foreign bank.
You acknowledge and accept that in the event of default by the foreign bank, Swiss standards in respect of depositor protection may not apply.
3.4 Other provisions relating to fiduciary investments
i) Swissquote shall exercise the required degree of diligence in the selection of foreign banks. On the day of the investment, it shall check that the rating of the bank in question corresponds to the minimum rating that has been set by Swissquote and published in an appropriate form.
ii) When carrying out fiduciary investments, Swissquote reserves the right and shall be expressly authorized to pool your assets with those of other Swissquote clients ("cash pooling"). You acknowledge and accept that Swissquote shall be entitled to refrain from immediately carrying out any investment that you have ordered, to pool your assets with those of other clients before making such investments, and to make those investments at such intervals and on such dates as it decides, at its entire discretion. Provided that sufficient funds are available on your account and you have issued an order to invest a specific sum, you agree that Swissquote may invest that sum at any time, and, as the case may be, before the date that you anticipated or that was indicated previously, thereby rendering it impossible for you to freely dispose of those assets.
iii) Swissquote may simultaneously make investments with more than one different foreign bank, with the result that different conditions may be applied to its clients' respective investments. In such event, the respective assets of the clients shall be invested in one or other of the foreign banks on a strictly random basis.
iv) Since the fiduciary investments are not deposited with Swissquote, you will not have the right to request Swissquote to repay the principal invested or the corresponding interest before the stipulated term has expired (no early termination possible). On request from you, Swissquote may, at its discretion, grant you a credit facility secured by the pledging of the assets deposited in your account (cf. 5.3 below). If the use of this credit facility results in a negative balance on one of your accounts, debit interest shall be charged at a rate published in a form that Swissquote considers appropriate. Unless otherwise agreed at the entire discretion of Swissquote, no offsetting between accounts shall be automatically undertaken by Swissquote.
v) Swissquote shall stipulate the conditions and arrangements relating to fiduciary investments at its discretion, publishing these in a form it considers appropriate, and may amend them at any time without prior notice. Swissquote may, in particular, determine at its discretion:
- the list of foreign banks whose services are to be used;
- the various possible terms of fiduciary investments;
- the minimum rating that a foreign bank must have in order to be selected for the fiduciary investments;
- the commission;
- the cut-off time for participating in the next fiduciary investment (your money must be available a few days before the value date of the investment);
- the minimum investment amount;
- the frequency of investment of the pooled assets of the various clients, and, more generally, the timing of the fiduciary investment;
- the exact timing of repayment of principal and/or interest;
- the exact timing of reinvestment of principal and/or interest.
vi) Only orders issued electronically via the Swissquote website shall be acceptable. Swissquote reserves the right not to accept orders issued by any other means (e.g. written order, telephone order), or to levy an additional charge for the execution of any order given by you other than in electronic form, at the rates published by Swissquote.
vii) You expressly consent to any act performed by Swissquote linked to fiduciary investments made on your behalf, and confirm that you shall rely on Swissquote's assessments and determinations in making any decisions left to its discretion. You undertake to release and hold Swissquote harmless from any and all claims that may be made against Swissquote as a result of acting in accordance with your instructions, and to indemnify Swissquote from and against any loss that may be suffered by it as a consequence thereof. Swissquote's liability shall be limited to fraud or gross negligence.
viii) The interest rates published on the Swissquote website shall be indicative only and no warranty is given in respect thereof. A decision by a central bank may, in particular, substantially and rapidly amend the rates applicable. The exact interest rate applicable to your fiduciary investment will therefore not be known until the investment is actually made. The commission rates shown on the Swissquote website (e.g. in your Account) and/or on contract notes shall not give rise to any legal liability on the part of Swissquote: such information is provided ex gratia and is purely indicative, being in particular designed to assist you in assessing the status of your investments and the commissions associated therewith.
ix) Withholding tax is not levied on interest credited arising from the receipt of funds on a fiduciary basis according to the interpretation of the Swiss Federal Tax Administration. You are reminded that interest earned on fiduciary investments must be declared to the relevant tax authority. The withholding tax provided for in the savings tax agreement (EU savings tax) is levied on interest paid to clients that are subject to this tax retention (mainly clients domiciled in an EU Member State) at a rate of 15% until 30 June 2008, 20% from 1 July 2008 and 35% from 1 July 2011. Clients subject to this tax retention may however authorize Swissquote to forward information concerning them to the Swiss Federal Tax Administration (which will pass this information to the tax authorities in their country of domicile), in which event no retention will be made. Swiss VAT will be added to the agent's commission for clients domiciled in Switzerland.
You declare that you have read, understood and accept all the above clauses.
4. Third component: securities investment tool
4.1 General considerations
As indicated in the introduction, the third component of the Dynamic Savings Account is a tool for making investments in securities. This tool allows you to benefit from financial market trends in an investment approach.
The tool allows you to select specific securities from the range available for this service ("Available Securities"), which shall generally consist of collective investment schemes (more commonly referred to as investment funds). The tool enables you to schedule your investments in the Available Securities selected by you. You may invest your chosen amount in one or more of the Available Securities either on an ad-hoc or regular basis (e.g. once a month).
Saving by investing in securities is different from conventional methods of saving (cf. information on the first component the Dynamic Savings Account as set out in clause 2 of these Terms and Conditions). For example, although stock exchange investments may generate higher returns than conventional savings, even well diversified portfolios may also produce losses over several years.
4.2 Role of Swissquote
i) In providing this service, Swissquote shall ordinarily act in the capacity of broker within the meaning of Article 425 et seq. of the Swiss Code of Obligations. It shall buy (or subscribe) and sell (or redeem) securities in its own name but on your behalf.
ii) Swissquote, its executive officers, directors, employees, agents, or shareholders may have or have had business relationships, or other types of relationship, with issuers of the Available Securities, or Swissquote may be the issuer of particular securities. Moreover, Swissquote may inter alia act as the fund management company, asset manager, custodian bank and/or distributor of the Available Securities. When acting as distributor, Swissquote may also receive certain payments from issuers of the Available Securities. Such payments shall be deemed to be financial compensation due to Swissquote for services supplied to third parties. You shall have no entitlement or claim to such payments. Swissquote shall ensure that its commission remains competitive by factoring such payments into its calculations. In any event, you agree that such payments are due and payable to Swissquote and expressly waive any claim that you may have to such payments pursuant to Article 400 (1) of the Swiss Code of Obligations. Upon written request, Swissquote shall provide you with further information on the amount of retrocessions paid to it in respect of securities traded by you. Payments received by Swissquote may theoretically give rise to conflicts of interest for Swissquote. However, Swissquote has taken measures to prevent any conflicts of interest that may be prejudicial to your interests.
4.3 No offer or advice
i) You confirm that you are aware that the Available Securities are only authorized for public distribution in Switzerland. Accordingly, information relating to the Available Securities should not be construed as an offer or solicitation to distribute units of investment funds to any individual or legal entity in any jurisdiction other than Switzerland. More specifically, any published information is intended for individuals domiciled in Switzerland and companies having their registered office in Switzerland. In addition, the securities investment tool is not intended for "US persons". By using this tool, you certify that you are not a US person. If you are a US person, you are not permitted to use this tool for making investments in securities.
ii) Swissquote shall define the list of Available Securities at its sole discretion. The inclusion of a particular security in the list of Available Securities does not imply that Swissquote recommends an investment in that security, that Swissquote has performed any analysis of the security, or that Swissquote is offering any opinion on the future price movements of the security. The selection of Available Securities was based on criterias which do not take into account your personal circumstances.
iii) Swissquote may offer a range of models composed of various Available Securities and provide a risk assessment for each of these models. Such models are not collective investment schemes, or structured products, or special in-house portfolios ("portefeuilles collectifs internes" or "interne Sondervermögen" according to art. 4 of the Collective Investment Schemes Act); there is no common management of the securities (pooling). Such models are provided for illustrative purposes only. They are not deemed by Swissquote to be optimal or necessarily suited to your needs, because they do not take account of your personal circumstances. No information regarding models, which comprise a range of Available Securities, shall be deemed to constitute any advice or recommendation to invest in such models.
iv) Any risk assessment relating to the aforementioned models shall be calculated on the basis of mathematical models, including the Value-at-Risk measure, which takes account of past performance. You are reminded that the past performance of a security is no guarantee of future performance. Accordingly, any risk assessment relating to models is provided for guidance only. No warranty is given in respect thereof.
v) In general, any information provided in connection with this service shall not be construed as constituting any offer, advice or recommendation to buy or sell any security, or to carry out any transaction, or as constituting any form of legal or tax advice, or any other type of advice.
vi) WE ADVISE YOU TO READ THE CURRENT PROSPECTUSES THROUGH CAREFULLY, AND IN PARTICULAR THE LEGAL INFORMATION CONTAINED THEREIN, AS WELL AS THE REGULATIONS AND ANNUAL AND SEMI-ANNUAL REPORTS relating to the Available Securities in which you intend to invest. Electronic versions of the current prospectuses, regulations, and annual and semi-annual reports are normally available on the Swissquote website. If no electronic version is available on the Swissquote website, you may obtain such documents free of charge from Swissquote, from the issuers of the Available Securities or their representatives in Switzerland, or from the relevant websites.
4.4 Risks
Any investment in the Available Securities is subject to certain risks. Saving by investing in securities is different from conventional methods of saving, where savers can expect to recover the capital invested (subject to any limited guarantee in the event of bankruptcy) plus interest.
If you invest in one or more Available Securities, there is no guarantee of capital preservation or growth, and you run the risk of losing some or all of your investment. A number of variables may cause the value of any Available Security to fluctuate. The value of investment funds, for example, will fluctuate with the value of the securities in which they invest. The value of any Available Security may therefore go down as well as up.
Accordingly, if you have bought units of an exchange traded fund that tracks a particular index, your gains or losses will reflect those of the index. For example, if you have bought units in an SMI tracker, and the SMI loses 20% in value, the value of your units will depreciate by 20%.
You should also be aware some investment funds may suspend redemptions of fund units in certain circumstances, e.g. in the event of liquidity problems affecting the fund. As a result, it may not always be possible to sell your securities immediately.
If you are unsure whether a particular investment is suited to your personal circumstances, you are strongly advised to consult a professional advisor.
Further information on risks is set out in the "Special Risks In Securities Trading" brochure, which was issued to you when you peine your Account at Swissquote and/or is available from Swissquote's website.
4.5 Execution of orders for listed securities
i) Swissquote offers its clients preferential commission fees on transactions executed via the Dynamic Savings Account. Such preferential fees can be offered thanks to the execution modalities of the orders given by the Account holder. Swissquote is therefore under no obligation to buy any Available Securities ordered by you immediately. Swissquote reserves the right to execute orders to buy or subscribe to Available Securities received from its clients at set intervals, for example twice a day.
ii) As a general rule, Swissquote shall transmit a limit order to the stock exchange based on the order submitted by you. Limit orders shall be determined with a view to executing the transaction at an appropriate price that is in line with the market within 1 to 2 trading days.
iii) You are aware that any short delay in executing all or a significant proportion of orders for particular securities, which have been received from Swissquote clients, may affect the price obtained.
iv) Swissquote reserves the right to aggregate your orders with the orders of other clients, so as to enable it, for example, to obtain the best terms for its clients.
v) Unless otherwise provided in any rules or regulations, including stock market rules, Swissquote reserves the right to execute your orders by dealing directly with a counterparty without trading through the stock market. Such a counterparty may, for example, be Swissquote itself or another client of Swissquote. Appropriate transaction statements shall be issued to you setting out all the requisite details. Swissquote shall ensure that you are not prejudiced by any orders executed over-the-counter (off-exchange).
vi) Swissquote shall publish information on the procedures and terms of execution in a form deemed appropriate by it, for example on a help page. You undertake to read this information at regular intervals, and in any event, before switching your investment strategy.
4.6 Miscellaneous
i) Swissquote shall stipulate the terms and conditions applying to the securities investment tool at its discretion, publishing these in a form it considers appropriate. It may amend such terms and conditions at any time without prior notice. Swissquote may, in particular, determine at its discretion:
- the list of Available Securities;
- the times at which buy or subscription orders shall be executed;
- the rules governing the allocation of investments in securities selected by you where it is impossible to implement the strategy stipulated by you in full because insufficient funds are available in the Account;
- the terms governing the execution of corporate actions;
- the charges and terms applying to use of the securities investment tool.
ii) In the case of corporate actions, Swissquote shall be entitled, but not obliged, to act in your presumed interests by using standard sources of information at its disposal, unless you specifically instruct it otherwise. In such event, Swissquote shall not be liable for any loss, loss of profits, or any other type of direct or indirect loss or damage whatsoever, which may arise as a result of or in connection with the processing of corporate actions.
iii) Where a transaction results in a negative cash position (e.g. you buy a security in a currency in which you have no cash holdings), please refer to the section on "Forex reconciliation" in your profile, which sets out further information on the procedures for dealing with negative positions. You are specifically advised that in drawing down any credit facility, forex reconciliation shall automatically be deactivated.
You declare that you have read, understood and accept all the above clauses.
5. Common provisions
5.1 These Terms and Conditions
i) You have acknowledged, understood and accept all the clauses of these Terms and Conditions as well as the information contained in the documents referred to in these Terms and Conditions, in particular the Swissquote website.
ii) The General Business Conditions and Safe Custody Regulations of Swissquote shall apply in addition to these Terms and Conditions. In the event of any discrepancy between these Terms and Conditions and the General Business Conditions and Safe Custody Regulations of Swissquote or any other contractual document, these Terms and Conditions shall prevail.
iii) Swissquote reserves the right to amend these Terms and Conditions and any other conditions and arrangements linked to the Dynamic Savings Account at any time. You will be informed of any such amendments via e-mail, a message in your bank Account or any other means that Swissquote considers appropriate.
5.2 Maintenance of the Dynamic Savings Account
i) Incoming payments : Swissquote will not credit funds that you transfer from another bank to your Account unless the IBAN is shown on the payment order. You acknowledge and accept that you are required to include the IBAN on orders issued to your bank. Swissquote may, without obligation, credit to your Account funds transferred without an IBAN; in this event, processing of the credit may take several days and additional charges may be debited to your Account in accordance with rates published in an appropriate form.
ii) Outgoing payments : transfers from the Dynamic Savings Account may only be made to an account of which you are the holder. Transfer instructions must be issued using the Swissquote online payment tool OPS. Swissquote may, at its discretion, decide not to accept transfer instructions issued by any other means (e.g. by post), or to apply a different schedule of charges.
iii) Transfers of securities : no transfer of securities to or from the Dynamic Savings Account will be authorized or executed by Swissquote.
iv) Transfer currency : notwithstanding the General Business Conditions, any transfers of funds in a currency other than those indicated by Swissquote in an appropriate form as being authorized shall be converted to CHF at the applicable exchange rate.
5.3 Credit facility
i) On request from you, Swissquote shall assess the possibility of granting you a credit facility (the "Credit Facility"), which will be secured by the pledging of assets from your Dynamic Savings Account. Swissquote shall only select assets eligible to serve as security for the Credit Facility.
ii) The Credit Facility will enable you to overdraw your Account, provided that the total overdraft on your Account is secured by the pledging of securities, claims or other tangible or intangible assets.
iii) The Limit is the amount of the Credit Facility. The Limit shall be communicated to you via a means of communication that Swissquote considers appropriate, for example online via your Account. The Limit may be adjusted upwards or downwards by Swissquote at its entire discretion, either slightly or substantially, subject to criteria which it deems relevant, without prior notice, at any time and with immediate effect.
iv) If you use the Credit Facility granted to you (e.g. by transferring part of the money made available to you to a third bank), Swissquote shall charge debit interest on the negative balance (e.g. in CHF or EUR) resulting therefrom, in accordance with rates published by Swissquote in a form it considers appropriate. Interest shall be debited to your Account at intervals that will be chosen by Swissquote at its entire discretion and that will be published in a form it considers appropriate, but at least once a year. Swissquote shall be entitled to amend the interest rates applicable at any time, with immediate effect, by adjusting them to take account of the performance of the money and capital markets. Moreover, Swissquote reserves the right to apply differential rates of interest depending on whether or not your assets are diversified.
v) By way of guarantee for the Credit Facility, you agree to pledge all claims (e.g. from fiduciary investments with foreign banks), securities or other tangible or intangible assets that Swissquote holds on your behalf ("Guarantees"). For the purposes of confirmation, the article of the General Business Conditions and Safe Custody Regulations relating to the right of lien and set-off shall also apply to the pledging of fiduciary investments with foreign banks.
vi) You undertake to maintain with Swissquote at all times the guarantees necessary to the maintenance of your Limit, and to take all appropriate steps to do so. If, however, Swissquote considers at any time that the Guarantees are insufficient, Swissquote may, at its choice, request you to provide additional guarantees or make repayments in order to reduce your level of use of the Credit Facility, or may realize all or part of the Guarantees at its entire discretion at a time decided by Swissquote. You undertake to comply immediately with any request for additional guarantees or repayment.
vii) Swissquote shall have the right, but not the obligation, to realize the Guarantees independently of any margin call and without complying with the procedures set out in the Swiss Federal Law on Debt Collection and Bankruptcy. No action taken by Swissquote in response to insufficient Guarantees shall give rise to any liability on the part of Swissquote.
viii) The present Terms and Conditions shall have the force of an acknowledgement of debt within the meaning of Article 82 of the Swiss Federal Law on Debt Collection and Bankruptcy in respect of the amount of the Credit Facility used, plus interest and costs.
5.4 Special rules of the Dynamic Savings Account for Young People
i) In general: Subject to the special rules indicated of section 5.4 of the present document, the rules applying to the Dynamic Savings Account also apply to the Dynamic Savings Account for Young People.
ii) Account administration: Until the account holder reaches the age of majority, only the holder of parental authority may administer the account and the assets in it. Therefore, unless there are written instructions to the contrary from a competent authority, only the holder of parental authority may give orders or instructions regarding how the account assets are to be used. Under no circumstances may the minor or a third party (e.g. a godparent) give orders concerning the account.
Each holder of parental authority may act individually. Orders are only accepted from holders of parental authority from whom the bank has a certified copy of an identification document. Swissquote may also apply other conditions and restrictions at its sole discretion.
iii) Outgoing payments: Until the account holder reaches the age of majority, any assets in the account may only be transferred to a "young people's account" belonging to the minor at another bank. Other removals of account assets (e.g. cash withdrawals) will not be possible as long as the account holder is still a minor. Holders of parental authority declare that they waive any other rights of disposal over the assets (e.g. assets cannot be used to cover the current needs of the minor (art. 320 CC), in particular through the use of a form authorizing withdrawals signed by a justice of the peace).
iv) When the account holder reaches the age of majority: once the account holder reaches the age of majority, he or she has the sole right to dispose of his or her account. Therefore, after this time Swissquote will not execute orders given by the holder of parental authority or provide the latter with account information. Swissquote will have the right to block the account as long as the account holder has not submitted a certified copy of an original identification document.
v) Investments in securities: holders of parental authority acknowledge and agree to manage assets held in an Account for Young People with a view to preserving the value of the assets and not to use them for speculative purposes. Investments shall be selected with due care, having regard to the account holder's specific circumstances, the volume of assets, and the account holder's liquidity requirements. Holders of parental authority are aware of the risks associated with investments in securities, and shall bear all risks inherent in investments of this type, in particular with respect to the Account holder. Swissquote shall not be liable for any loss, loss of profits or any other type of loss or damage whatsoever that may result from any investment made in securities on behalf of a minor.
vi) Miscellaneous: The use of the singular "holder of parental authority" implies the plural "holders of parental authority" where applicable.
5.5 Miscellaneous
i) Swissquote will not under any circumstances provide legal, tax or other advice of any kind or any recommendations to carry out any transaction, and you confirm that you do not wish to receive such advice or recommendations.
ii) The information provided on the Swissquote website, in these Terms and Conditions and in any documents to which these Terms and Conditions refer shall not under any circumstances be deemed to constitute advice or a recommendation on the part of Swissquote to carry out an investment. Distribution of these Terms and Conditions and/or provision of the Dynamic Savings Account service are subject to restrictions.
iii) All investment decisions made by you will be based solely on your own assessment of your financial situation, liquidity requirements and investment objectives and your interpretation of the information to which you have access. Accordingly, Accordingly, YOU UNDERTAKE NOT TO HOLD SWISSQUOTE, ITS BOARD MEMBERS, DIRECTORS, EMPLOYEES, AGENTS, BRANCHES, OR AFFILIATED COMPANIES LIABLE FOR ANY LOSSES OR LOSS OF PROFITS THAT MAY ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE DYNAMIC SAVINGS ACCOUNT. YOU ALSO AGREE TO RELEASE AND HOLD Swissquote HARMLESS FROM ANY AND ALL CLAIMS THAT MAY BE MADE AGAINST IT IN CONNECTION WITH THIS aGREEMENT, AND TO INDEMNIFY SWISSQUOTE FROM AND AGAINST ANY LOSS THAT MAY be SUFFERed by it as a consequence thereof. Swissquote's liability shall be limited to acts of deliberate intent and gross negligence.
iv) You confirm that you have not agreed to open a Dynamic Savings Account or accepted these Terms and Conditions on the basis of any guarantee. You acknowledge and accept that income generated in the past is no guarantee of future income.
v) Swissquote and third party information providers take the utmost care in preparing and updating the information provided by them. However, no warranty, either express or implied, is given by either Swissquote or any third party providers as to the quality, relevance, accuracy, completeness, up-to-dateness, availability, or legality of any information published on Swissquote's website. Moreover, although the information provided is obtained from sources deemed to be reliable, no warranty is given with respect thereto, either by Swissquote or by any third party information providers.
vi) Services, conditions and arrangements (e.g. the currencies in which the service is offered) may be amended by Swissquote at any time without prior notice.
vii) These Terms and Conditions cannot provide an exhaustive list of the risks associated with the Dynamic Savings Account and cannot be a substitute for the advice of a financial expert.
viii) All communications from Swissquote to you, in particular transaction statements, may, at the entire discretion of Swissquote, be made by e-mail or any other means of communication that Swissquote considers appropriate (e.g. in the "Communication" section of your Account). Messages shall be deemed to have been received from the moment they are sent or placed on your Account.
ix) Any reference in these Terms and Conditions to individuals shall also be deemed to include legal entities, business associations without a legal personality, and partnerships. Moreover, use of the singular also implies the plural, and vice versa.
x) The titles and notes to this Agreement are provided for reference only, and shall not influence the interpretation of the Agreement.
xi) Any reference in this Agreement to a law, regulation or legal stipulation shall be deemed to include any future amendment made to that text.
You declare that you have read, understood and accept all the above clauses.
6. Approval
You confirm that you have read and understood these Terms and Conditions relating to the Dynamic Savings Account (including the documents and information referred to herein), and that you agree to all the clauses hereof, including those relating to fiduciary agreements for more than one investment.
Accept the Terms and conditions
The Terms and conditions will be available in a PDF format in the section "my profile" of your account as soon as you accept them.
Gracias por adelantado
Después de leer casi todo de lo que habéis escrito sobre el tema de la apertura de la cuenta en SWISSQUOTE, me he decidido a darme de alta.
Os informo de mi experiencia:
1- 2 días después de abrir la Dynamic Saving Account a través de su web, ya tenía los documentos en mi domicilio.
2- En la documentación sólo me pedían firmar el contrato y enviar el DNI compulsado (lo compulsé en una oficina de policía = 0€.) Visto lo que indicabais en el foro, también envíe una copia de una factura (en la que venían los datos de mi domicilio) y la copia firmada del documento para optar por la opción B = para que el banco de mis datos a la hacienda de España.
3- Este viernes (4 días después) he recibido la confirmación de la apertura y las claves del personal pasword
4- Tengo un pequeño dilema, he entrado por primera vez a mi acceso personal y lo primero que veo es un párrafo en inglés interminable con 6 artículos que indica que hay que dar mi conformidad. Alguien me puede indicar si le ha pasado lo mismo y si hay que validar los 6?
este es el mega texto
erms and conditions relating to the Dynamic Savings Account
Please click on and accept the art. 2, 3, 4, 5 and 6 of the present Terms and conditions.
1. Introduction
The service that Swissquote Bank SA ("Swissquote") provides to its clients under the name "Dynamic Savings Account" (hereinafter also referred to as "the Account") consists of three main components:
- a "conventional" savings account with Swissquote;
- a tool for making fiduciary investments with banks outside Switzerland;
- a tool for making investments in securities.
These Terms and Conditions govern the use of the Dynamic Savings Account and are an integral component of the Account Opening Agreement for the Dynamic Savings Account.
2. First component: a "conventional" savings account
2.1 General considerations
As indicated in the introduction, one component of the Dynamic Savings Account is a "conventional" savings account: the money you deposit with Swissquote remains with Swissquote, which will pay interest at the published rate.
2.2 Interest
i) The interest rate paid by Swissquote shall be published in a form that it considers appropriate, and may be adjusted at any time without prior notice.
ii) Interest shall be credited to your account at intervals that will be chosen by Swissquote at its entire discretion and that will be published in a form it considers appropriate, but at least once a year.
iii) Interest paid by Swissquote shall be subject to withholding tax (Swiss withholding tax at a rate of 35% as of 1 May 2008). You are reminded that interest must be declared to the relevant tax authority. If you are domiciled in Switzerland, you may be able to request a refund of the amount retained by Swissquote by way of Swiss withholding tax. If you are domiciled outside Switzerland, the withholding tax on such interest may be refunded or reduced if a double taxation agreement exists between your country of domicile and Switzerland.
You declare that you have read, understood and accept all the above clauses.
3. Second component: fiduciary investment tool
3.1 General considerations
As indicated in the introduction, the second component of the Dynamic Savings Account is a tool for making fiduciary investments with selected foreign banks.
More precisely, this tool enables you to issue to Swissquote an order to invest part of your assets with a foreign bank, setting out the investment criteria (e.g. amount, currency, term). The investment shall be made in the name of Swissquote (your name will not be communicated to the foreign bank), but for your account and at your risk. This means that your assets will no longer be deposited with Swissquote, but instead with the foreign bank.
Any such orders for fiduciary investments with foreign banks must be issued to Swissquote via the Swissquote website.
Swissquote shall not be obliged to immediately carry out the fiduciary investment that you have requested. Swissquote reserves the right to carry out fiduciary investments periodically, for example twice a month, and to combine this investment with sums belonging to other clients that have issued orders for an investment subject to the same conditions (e.g. same term and same currency), particularly in order for Swissquote to obtain satisfactory conditions for its clients.
When you issue investment orders, you may issue instructions concerning any reinvestment of the principal invested and/or the interest received when the investment is repaid. These instructions may be amended at any time until the reinvestment process starts: you must take note of the cut-off time for amending your order, which shall be published in a form that Swissquote considers appropriate.
3.2 Fiduciary agreement for more than one investment
By accepting these Terms and Conditions, you conclude the trinc agreement between you and Swissquote:
i) You instruct Swissquote to carry out fiduciary investments in the form of time deposits at foreign banks, in its own name but for your account and at your risk. Swissquote shall act as agent within the meaning of Art. 394 ff. of the Swiss Code of Obligations.
ii) To the extent permitted by the Dynamic Savings Account, you shall be solely responsible for selecting the investment currency, amount and term, and for the reinvestment or otherwise of the principal and/or interest. Swissquote shall at its entire discretion select the foreign bank and decide on any other arrangements, unless expressly indicated by you. Throughout the term of this Agreement, you shall however remain entitled to issue Swissquote with any special written instructions in respect of such investments.
iii) Any fiduciary investment shall be made subject to the funds available in your Account. It is therefore agreed that when making investments at its entire discretion, Swissquote shall not be entitled to charge such investments to any credit facilities granted to you.
iv) Swissquote shall solely be obliged to transfer to you such amounts as are freely available to it, which have been received at the registered office of Swissquote by way of repayment of principal and interest from the foreign bank. You shall bear the exchange rate, transfer and counterparty risks of the foreign bank, as well as the other risks inherent in fiduciary investments, and confirm that you are fully aware of all such risks. You acknowledge and accept that the sum invested shall be subject to any laws and other regulations applying in the country of the foreign bank or the investment currency, either now or in the future.
v) In the event that a foreign bank fails, either in whole or in part, to fulfil its obligations or comply with transfer and exchange regulations applying in its country or that of the investment currency, Swissquote shall only be obliged to assign to you any claim that it holds on your behalf. Swissquote shall not be obliged to provide any other service. In the case of pooled fiduciary investments, you shall bear the risk of being unable to take action alone against the foreign bank.
vi) You undertake to pay Swissquote an agent's commission at a rate that will be published in a form which Swissquote considers appropriate and that will be adjusted from time to time.
vii) All legal relations between you and Swissquote shall be governed by and construed in accordance with Swiss law. Gland, the location of Swissquote's registered office, shall be the place of performance in respect of the mutual obligations of the parties under this Agreement and the place of debt enforcement for clients whose permanent residence or registered office is outside Switzerland. Gland shall be the exclusive place of jurisdiction for all proceedings. Swissquote shall also have the right, however, to initiate proceedings against you at the court (or authority) at your place of domicile, or at any other court or authority having jurisdiction to hear or determine such claim, in which event Swiss law shall continue to apply.
3.3 Risks
In addition to the exchange rate and transfer risk, you bear the counterparty risk associated with the foreign bank. When a fiduciary investment is made, the money is invested with the foreign bank: you therefore bear the insolvency risk of the foreign bank.
You acknowledge and accept that in the event of default by the foreign bank, Swiss standards in respect of depositor protection may not apply.
3.4 Other provisions relating to fiduciary investments
i) Swissquote shall exercise the required degree of diligence in the selection of foreign banks. On the day of the investment, it shall check that the rating of the bank in question corresponds to the minimum rating that has been set by Swissquote and published in an appropriate form.
ii) When carrying out fiduciary investments, Swissquote reserves the right and shall be expressly authorized to pool your assets with those of other Swissquote clients ("cash pooling"). You acknowledge and accept that Swissquote shall be entitled to refrain from immediately carrying out any investment that you have ordered, to pool your assets with those of other clients before making such investments, and to make those investments at such intervals and on such dates as it decides, at its entire discretion. Provided that sufficient funds are available on your account and you have issued an order to invest a specific sum, you agree that Swissquote may invest that sum at any time, and, as the case may be, before the date that you anticipated or that was indicated previously, thereby rendering it impossible for you to freely dispose of those assets.
iii) Swissquote may simultaneously make investments with more than one different foreign bank, with the result that different conditions may be applied to its clients' respective investments. In such event, the respective assets of the clients shall be invested in one or other of the foreign banks on a strictly random basis.
iv) Since the fiduciary investments are not deposited with Swissquote, you will not have the right to request Swissquote to repay the principal invested or the corresponding interest before the stipulated term has expired (no early termination possible). On request from you, Swissquote may, at its discretion, grant you a credit facility secured by the pledging of the assets deposited in your account (cf. 5.3 below). If the use of this credit facility results in a negative balance on one of your accounts, debit interest shall be charged at a rate published in a form that Swissquote considers appropriate. Unless otherwise agreed at the entire discretion of Swissquote, no offsetting between accounts shall be automatically undertaken by Swissquote.
v) Swissquote shall stipulate the conditions and arrangements relating to fiduciary investments at its discretion, publishing these in a form it considers appropriate, and may amend them at any time without prior notice. Swissquote may, in particular, determine at its discretion:
- the list of foreign banks whose services are to be used;
- the various possible terms of fiduciary investments;
- the minimum rating that a foreign bank must have in order to be selected for the fiduciary investments;
- the commission;
- the cut-off time for participating in the next fiduciary investment (your money must be available a few days before the value date of the investment);
- the minimum investment amount;
- the frequency of investment of the pooled assets of the various clients, and, more generally, the timing of the fiduciary investment;
- the exact timing of repayment of principal and/or interest;
- the exact timing of reinvestment of principal and/or interest.
vi) Only orders issued electronically via the Swissquote website shall be acceptable. Swissquote reserves the right not to accept orders issued by any other means (e.g. written order, telephone order), or to levy an additional charge for the execution of any order given by you other than in electronic form, at the rates published by Swissquote.
vii) You expressly consent to any act performed by Swissquote linked to fiduciary investments made on your behalf, and confirm that you shall rely on Swissquote's assessments and determinations in making any decisions left to its discretion. You undertake to release and hold Swissquote harmless from any and all claims that may be made against Swissquote as a result of acting in accordance with your instructions, and to indemnify Swissquote from and against any loss that may be suffered by it as a consequence thereof. Swissquote's liability shall be limited to fraud or gross negligence.
viii) The interest rates published on the Swissquote website shall be indicative only and no warranty is given in respect thereof. A decision by a central bank may, in particular, substantially and rapidly amend the rates applicable. The exact interest rate applicable to your fiduciary investment will therefore not be known until the investment is actually made. The commission rates shown on the Swissquote website (e.g. in your Account) and/or on contract notes shall not give rise to any legal liability on the part of Swissquote: such information is provided ex gratia and is purely indicative, being in particular designed to assist you in assessing the status of your investments and the commissions associated therewith.
ix) Withholding tax is not levied on interest credited arising from the receipt of funds on a fiduciary basis according to the interpretation of the Swiss Federal Tax Administration. You are reminded that interest earned on fiduciary investments must be declared to the relevant tax authority. The withholding tax provided for in the savings tax agreement (EU savings tax) is levied on interest paid to clients that are subject to this tax retention (mainly clients domiciled in an EU Member State) at a rate of 15% until 30 June 2008, 20% from 1 July 2008 and 35% from 1 July 2011. Clients subject to this tax retention may however authorize Swissquote to forward information concerning them to the Swiss Federal Tax Administration (which will pass this information to the tax authorities in their country of domicile), in which event no retention will be made. Swiss VAT will be added to the agent's commission for clients domiciled in Switzerland.
You declare that you have read, understood and accept all the above clauses.
4. Third component: securities investment tool
4.1 General considerations
As indicated in the introduction, the third component of the Dynamic Savings Account is a tool for making investments in securities. This tool allows you to benefit from financial market trends in an investment approach.
The tool allows you to select specific securities from the range available for this service ("Available Securities"), which shall generally consist of collective investment schemes (more commonly referred to as investment funds). The tool enables you to schedule your investments in the Available Securities selected by you. You may invest your chosen amount in one or more of the Available Securities either on an ad-hoc or regular basis (e.g. once a month).
Saving by investing in securities is different from conventional methods of saving (cf. information on the first component the Dynamic Savings Account as set out in clause 2 of these Terms and Conditions). For example, although stock exchange investments may generate higher returns than conventional savings, even well diversified portfolios may also produce losses over several years.
4.2 Role of Swissquote
i) In providing this service, Swissquote shall ordinarily act in the capacity of broker within the meaning of Article 425 et seq. of the Swiss Code of Obligations. It shall buy (or subscribe) and sell (or redeem) securities in its own name but on your behalf.
ii) Swissquote, its executive officers, directors, employees, agents, or shareholders may have or have had business relationships, or other types of relationship, with issuers of the Available Securities, or Swissquote may be the issuer of particular securities. Moreover, Swissquote may inter alia act as the fund management company, asset manager, custodian bank and/or distributor of the Available Securities. When acting as distributor, Swissquote may also receive certain payments from issuers of the Available Securities. Such payments shall be deemed to be financial compensation due to Swissquote for services supplied to third parties. You shall have no entitlement or claim to such payments. Swissquote shall ensure that its commission remains competitive by factoring such payments into its calculations. In any event, you agree that such payments are due and payable to Swissquote and expressly waive any claim that you may have to such payments pursuant to Article 400 (1) of the Swiss Code of Obligations. Upon written request, Swissquote shall provide you with further information on the amount of retrocessions paid to it in respect of securities traded by you. Payments received by Swissquote may theoretically give rise to conflicts of interest for Swissquote. However, Swissquote has taken measures to prevent any conflicts of interest that may be prejudicial to your interests.
4.3 No offer or advice
i) You confirm that you are aware that the Available Securities are only authorized for public distribution in Switzerland. Accordingly, information relating to the Available Securities should not be construed as an offer or solicitation to distribute units of investment funds to any individual or legal entity in any jurisdiction other than Switzerland. More specifically, any published information is intended for individuals domiciled in Switzerland and companies having their registered office in Switzerland. In addition, the securities investment tool is not intended for "US persons". By using this tool, you certify that you are not a US person. If you are a US person, you are not permitted to use this tool for making investments in securities.
ii) Swissquote shall define the list of Available Securities at its sole discretion. The inclusion of a particular security in the list of Available Securities does not imply that Swissquote recommends an investment in that security, that Swissquote has performed any analysis of the security, or that Swissquote is offering any opinion on the future price movements of the security. The selection of Available Securities was based on criterias which do not take into account your personal circumstances.
iii) Swissquote may offer a range of models composed of various Available Securities and provide a risk assessment for each of these models. Such models are not collective investment schemes, or structured products, or special in-house portfolios ("portefeuilles collectifs internes" or "interne Sondervermögen" according to art. 4 of the Collective Investment Schemes Act); there is no common management of the securities (pooling). Such models are provided for illustrative purposes only. They are not deemed by Swissquote to be optimal or necessarily suited to your needs, because they do not take account of your personal circumstances. No information regarding models, which comprise a range of Available Securities, shall be deemed to constitute any advice or recommendation to invest in such models.
iv) Any risk assessment relating to the aforementioned models shall be calculated on the basis of mathematical models, including the Value-at-Risk measure, which takes account of past performance. You are reminded that the past performance of a security is no guarantee of future performance. Accordingly, any risk assessment relating to models is provided for guidance only. No warranty is given in respect thereof.
v) In general, any information provided in connection with this service shall not be construed as constituting any offer, advice or recommendation to buy or sell any security, or to carry out any transaction, or as constituting any form of legal or tax advice, or any other type of advice.
vi) WE ADVISE YOU TO READ THE CURRENT PROSPECTUSES THROUGH CAREFULLY, AND IN PARTICULAR THE LEGAL INFORMATION CONTAINED THEREIN, AS WELL AS THE REGULATIONS AND ANNUAL AND SEMI-ANNUAL REPORTS relating to the Available Securities in which you intend to invest. Electronic versions of the current prospectuses, regulations, and annual and semi-annual reports are normally available on the Swissquote website. If no electronic version is available on the Swissquote website, you may obtain such documents free of charge from Swissquote, from the issuers of the Available Securities or their representatives in Switzerland, or from the relevant websites.
4.4 Risks
Any investment in the Available Securities is subject to certain risks. Saving by investing in securities is different from conventional methods of saving, where savers can expect to recover the capital invested (subject to any limited guarantee in the event of bankruptcy) plus interest.
If you invest in one or more Available Securities, there is no guarantee of capital preservation or growth, and you run the risk of losing some or all of your investment. A number of variables may cause the value of any Available Security to fluctuate. The value of investment funds, for example, will fluctuate with the value of the securities in which they invest. The value of any Available Security may therefore go down as well as up.
Accordingly, if you have bought units of an exchange traded fund that tracks a particular index, your gains or losses will reflect those of the index. For example, if you have bought units in an SMI tracker, and the SMI loses 20% in value, the value of your units will depreciate by 20%.
You should also be aware some investment funds may suspend redemptions of fund units in certain circumstances, e.g. in the event of liquidity problems affecting the fund. As a result, it may not always be possible to sell your securities immediately.
If you are unsure whether a particular investment is suited to your personal circumstances, you are strongly advised to consult a professional advisor.
Further information on risks is set out in the "Special Risks In Securities Trading" brochure, which was issued to you when you peine your Account at Swissquote and/or is available from Swissquote's website.
4.5 Execution of orders for listed securities
i) Swissquote offers its clients preferential commission fees on transactions executed via the Dynamic Savings Account. Such preferential fees can be offered thanks to the execution modalities of the orders given by the Account holder. Swissquote is therefore under no obligation to buy any Available Securities ordered by you immediately. Swissquote reserves the right to execute orders to buy or subscribe to Available Securities received from its clients at set intervals, for example twice a day.
ii) As a general rule, Swissquote shall transmit a limit order to the stock exchange based on the order submitted by you. Limit orders shall be determined with a view to executing the transaction at an appropriate price that is in line with the market within 1 to 2 trading days.
iii) You are aware that any short delay in executing all or a significant proportion of orders for particular securities, which have been received from Swissquote clients, may affect the price obtained.
iv) Swissquote reserves the right to aggregate your orders with the orders of other clients, so as to enable it, for example, to obtain the best terms for its clients.
v) Unless otherwise provided in any rules or regulations, including stock market rules, Swissquote reserves the right to execute your orders by dealing directly with a counterparty without trading through the stock market. Such a counterparty may, for example, be Swissquote itself or another client of Swissquote. Appropriate transaction statements shall be issued to you setting out all the requisite details. Swissquote shall ensure that you are not prejudiced by any orders executed over-the-counter (off-exchange).
vi) Swissquote shall publish information on the procedures and terms of execution in a form deemed appropriate by it, for example on a help page. You undertake to read this information at regular intervals, and in any event, before switching your investment strategy.
4.6 Miscellaneous
i) Swissquote shall stipulate the terms and conditions applying to the securities investment tool at its discretion, publishing these in a form it considers appropriate. It may amend such terms and conditions at any time without prior notice. Swissquote may, in particular, determine at its discretion:
- the list of Available Securities;
- the times at which buy or subscription orders shall be executed;
- the rules governing the allocation of investments in securities selected by you where it is impossible to implement the strategy stipulated by you in full because insufficient funds are available in the Account;
- the terms governing the execution of corporate actions;
- the charges and terms applying to use of the securities investment tool.
ii) In the case of corporate actions, Swissquote shall be entitled, but not obliged, to act in your presumed interests by using standard sources of information at its disposal, unless you specifically instruct it otherwise. In such event, Swissquote shall not be liable for any loss, loss of profits, or any other type of direct or indirect loss or damage whatsoever, which may arise as a result of or in connection with the processing of corporate actions.
iii) Where a transaction results in a negative cash position (e.g. you buy a security in a currency in which you have no cash holdings), please refer to the section on "Forex reconciliation" in your profile, which sets out further information on the procedures for dealing with negative positions. You are specifically advised that in drawing down any credit facility, forex reconciliation shall automatically be deactivated.
You declare that you have read, understood and accept all the above clauses.
5. Common provisions
5.1 These Terms and Conditions
i) You have acknowledged, understood and accept all the clauses of these Terms and Conditions as well as the information contained in the documents referred to in these Terms and Conditions, in particular the Swissquote website.
ii) The General Business Conditions and Safe Custody Regulations of Swissquote shall apply in addition to these Terms and Conditions. In the event of any discrepancy between these Terms and Conditions and the General Business Conditions and Safe Custody Regulations of Swissquote or any other contractual document, these Terms and Conditions shall prevail.
iii) Swissquote reserves the right to amend these Terms and Conditions and any other conditions and arrangements linked to the Dynamic Savings Account at any time. You will be informed of any such amendments via e-mail, a message in your bank Account or any other means that Swissquote considers appropriate.
5.2 Maintenance of the Dynamic Savings Account
i) Incoming payments : Swissquote will not credit funds that you transfer from another bank to your Account unless the IBAN is shown on the payment order. You acknowledge and accept that you are required to include the IBAN on orders issued to your bank. Swissquote may, without obligation, credit to your Account funds transferred without an IBAN; in this event, processing of the credit may take several days and additional charges may be debited to your Account in accordance with rates published in an appropriate form.
ii) Outgoing payments : transfers from the Dynamic Savings Account may only be made to an account of which you are the holder. Transfer instructions must be issued using the Swissquote online payment tool OPS. Swissquote may, at its discretion, decide not to accept transfer instructions issued by any other means (e.g. by post), or to apply a different schedule of charges.
iii) Transfers of securities : no transfer of securities to or from the Dynamic Savings Account will be authorized or executed by Swissquote.
iv) Transfer currency : notwithstanding the General Business Conditions, any transfers of funds in a currency other than those indicated by Swissquote in an appropriate form as being authorized shall be converted to CHF at the applicable exchange rate.
5.3 Credit facility
i) On request from you, Swissquote shall assess the possibility of granting you a credit facility (the "Credit Facility"), which will be secured by the pledging of assets from your Dynamic Savings Account. Swissquote shall only select assets eligible to serve as security for the Credit Facility.
ii) The Credit Facility will enable you to overdraw your Account, provided that the total overdraft on your Account is secured by the pledging of securities, claims or other tangible or intangible assets.
iii) The Limit is the amount of the Credit Facility. The Limit shall be communicated to you via a means of communication that Swissquote considers appropriate, for example online via your Account. The Limit may be adjusted upwards or downwards by Swissquote at its entire discretion, either slightly or substantially, subject to criteria which it deems relevant, without prior notice, at any time and with immediate effect.
iv) If you use the Credit Facility granted to you (e.g. by transferring part of the money made available to you to a third bank), Swissquote shall charge debit interest on the negative balance (e.g. in CHF or EUR) resulting therefrom, in accordance with rates published by Swissquote in a form it considers appropriate. Interest shall be debited to your Account at intervals that will be chosen by Swissquote at its entire discretion and that will be published in a form it considers appropriate, but at least once a year. Swissquote shall be entitled to amend the interest rates applicable at any time, with immediate effect, by adjusting them to take account of the performance of the money and capital markets. Moreover, Swissquote reserves the right to apply differential rates of interest depending on whether or not your assets are diversified.
v) By way of guarantee for the Credit Facility, you agree to pledge all claims (e.g. from fiduciary investments with foreign banks), securities or other tangible or intangible assets that Swissquote holds on your behalf ("Guarantees"). For the purposes of confirmation, the article of the General Business Conditions and Safe Custody Regulations relating to the right of lien and set-off shall also apply to the pledging of fiduciary investments with foreign banks.
vi) You undertake to maintain with Swissquote at all times the guarantees necessary to the maintenance of your Limit, and to take all appropriate steps to do so. If, however, Swissquote considers at any time that the Guarantees are insufficient, Swissquote may, at its choice, request you to provide additional guarantees or make repayments in order to reduce your level of use of the Credit Facility, or may realize all or part of the Guarantees at its entire discretion at a time decided by Swissquote. You undertake to comply immediately with any request for additional guarantees or repayment.
vii) Swissquote shall have the right, but not the obligation, to realize the Guarantees independently of any margin call and without complying with the procedures set out in the Swiss Federal Law on Debt Collection and Bankruptcy. No action taken by Swissquote in response to insufficient Guarantees shall give rise to any liability on the part of Swissquote.
viii) The present Terms and Conditions shall have the force of an acknowledgement of debt within the meaning of Article 82 of the Swiss Federal Law on Debt Collection and Bankruptcy in respect of the amount of the Credit Facility used, plus interest and costs.
5.4 Special rules of the Dynamic Savings Account for Young People
i) In general: Subject to the special rules indicated of section 5.4 of the present document, the rules applying to the Dynamic Savings Account also apply to the Dynamic Savings Account for Young People.
ii) Account administration: Until the account holder reaches the age of majority, only the holder of parental authority may administer the account and the assets in it. Therefore, unless there are written instructions to the contrary from a competent authority, only the holder of parental authority may give orders or instructions regarding how the account assets are to be used. Under no circumstances may the minor or a third party (e.g. a godparent) give orders concerning the account.
Each holder of parental authority may act individually. Orders are only accepted from holders of parental authority from whom the bank has a certified copy of an identification document. Swissquote may also apply other conditions and restrictions at its sole discretion.
iii) Outgoing payments: Until the account holder reaches the age of majority, any assets in the account may only be transferred to a "young people's account" belonging to the minor at another bank. Other removals of account assets (e.g. cash withdrawals) will not be possible as long as the account holder is still a minor. Holders of parental authority declare that they waive any other rights of disposal over the assets (e.g. assets cannot be used to cover the current needs of the minor (art. 320 CC), in particular through the use of a form authorizing withdrawals signed by a justice of the peace).
iv) When the account holder reaches the age of majority: once the account holder reaches the age of majority, he or she has the sole right to dispose of his or her account. Therefore, after this time Swissquote will not execute orders given by the holder of parental authority or provide the latter with account information. Swissquote will have the right to block the account as long as the account holder has not submitted a certified copy of an original identification document.
v) Investments in securities: holders of parental authority acknowledge and agree to manage assets held in an Account for Young People with a view to preserving the value of the assets and not to use them for speculative purposes. Investments shall be selected with due care, having regard to the account holder's specific circumstances, the volume of assets, and the account holder's liquidity requirements. Holders of parental authority are aware of the risks associated with investments in securities, and shall bear all risks inherent in investments of this type, in particular with respect to the Account holder. Swissquote shall not be liable for any loss, loss of profits or any other type of loss or damage whatsoever that may result from any investment made in securities on behalf of a minor.
vi) Miscellaneous: The use of the singular "holder of parental authority" implies the plural "holders of parental authority" where applicable.
5.5 Miscellaneous
i) Swissquote will not under any circumstances provide legal, tax or other advice of any kind or any recommendations to carry out any transaction, and you confirm that you do not wish to receive such advice or recommendations.
ii) The information provided on the Swissquote website, in these Terms and Conditions and in any documents to which these Terms and Conditions refer shall not under any circumstances be deemed to constitute advice or a recommendation on the part of Swissquote to carry out an investment. Distribution of these Terms and Conditions and/or provision of the Dynamic Savings Account service are subject to restrictions.
iii) All investment decisions made by you will be based solely on your own assessment of your financial situation, liquidity requirements and investment objectives and your interpretation of the information to which you have access. Accordingly, Accordingly, YOU UNDERTAKE NOT TO HOLD SWISSQUOTE, ITS BOARD MEMBERS, DIRECTORS, EMPLOYEES, AGENTS, BRANCHES, OR AFFILIATED COMPANIES LIABLE FOR ANY LOSSES OR LOSS OF PROFITS THAT MAY ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE DYNAMIC SAVINGS ACCOUNT. YOU ALSO AGREE TO RELEASE AND HOLD Swissquote HARMLESS FROM ANY AND ALL CLAIMS THAT MAY BE MADE AGAINST IT IN CONNECTION WITH THIS aGREEMENT, AND TO INDEMNIFY SWISSQUOTE FROM AND AGAINST ANY LOSS THAT MAY be SUFFERed by it as a consequence thereof. Swissquote's liability shall be limited to acts of deliberate intent and gross negligence.
iv) You confirm that you have not agreed to open a Dynamic Savings Account or accepted these Terms and Conditions on the basis of any guarantee. You acknowledge and accept that income generated in the past is no guarantee of future income.
v) Swissquote and third party information providers take the utmost care in preparing and updating the information provided by them. However, no warranty, either express or implied, is given by either Swissquote or any third party providers as to the quality, relevance, accuracy, completeness, up-to-dateness, availability, or legality of any information published on Swissquote's website. Moreover, although the information provided is obtained from sources deemed to be reliable, no warranty is given with respect thereto, either by Swissquote or by any third party information providers.
vi) Services, conditions and arrangements (e.g. the currencies in which the service is offered) may be amended by Swissquote at any time without prior notice.
vii) These Terms and Conditions cannot provide an exhaustive list of the risks associated with the Dynamic Savings Account and cannot be a substitute for the advice of a financial expert.
viii) All communications from Swissquote to you, in particular transaction statements, may, at the entire discretion of Swissquote, be made by e-mail or any other means of communication that Swissquote considers appropriate (e.g. in the "Communication" section of your Account). Messages shall be deemed to have been received from the moment they are sent or placed on your Account.
ix) Any reference in these Terms and Conditions to individuals shall also be deemed to include legal entities, business associations without a legal personality, and partnerships. Moreover, use of the singular also implies the plural, and vice versa.
x) The titles and notes to this Agreement are provided for reference only, and shall not influence the interpretation of the Agreement.
xi) Any reference in this Agreement to a law, regulation or legal stipulation shall be deemed to include any future amendment made to that text.
You declare that you have read, understood and accept all the above clauses.
6. Approval
You confirm that you have read and understood these Terms and Conditions relating to the Dynamic Savings Account (including the documents and information referred to herein), and that you agree to all the clauses hereof, including those relating to fiduciary agreements for more than one investment.
Accept the Terms and conditions
The Terms and conditions will be available in a PDF format in the section "my profile" of your account as soon as you accept them.
Gracias por adelantado
Última edición:
pinkfloyd
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muchas gracias
ya lo he traducido y se de que va más o menos
pero, antes de meter la pata, estaba pidiendo consejo de las personas que ya han pasado por ésta situación
nekcab
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A título informatvo:
Pues si quieres tener éxito en tu consulta, y dado que ya meridianamente lo tienes traducido, es bueno que en lugar de poner todo el tocho, efectúes preguntas concretas sobre las dudas que te han quedado tras la traducción.
Es más rápido
P.D.: para el tocho, utiliza el botón "SPOILER". Es más presentable a la hora de hacer el post.
pinkfloyd
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perdón por el peñazo de las condiciones (pero soy nuevo en el foro), la próxima vez utilizaré el botón "SPOILER"
me piden aceptar todas las condiciones, pero antes de meter la gamba, estoy esperando la opinión de alguien que ya esté trabajando con la cuenta y haya pasado por éste punto.
gracias
señor eko
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EstudianteTesorero
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No acabo de entender qué preguntas. Básicamente: los que tenemos cuenta ya aceptamos las condiciones, los que no aceptaron las condiciones no tienen cuenta. No hay mas. 😛
Enterao
Será en Octubre
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tio tu tienes tendencia a la paranoia ....esta bien ser un poco aprehensivo pero al final te moriras igual.
euroburbuja
Baneado
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NO FIRMES algo que no entiendes.
Pero si no sabes el idioma. y si te roban la pasta por internet o tienes cualquier problema con la cuenta cómo te vas a apañar? En el otro hilo un forero tiene perdidos 8000 euros y lleva 12 días mandando correos al banco a ver si alguien le dice dónde está sus ahorros desaparecidos.
DonPimpon
Madmaxista
:señor eko
Madmaxista
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Eurobujarra, veo que vuelves a trollear again. Releete el otro hilo y verás que se lo han solucionado, con una pequeña pérdida, pero que supongo que podrá recuperarla.
http://www.burbuja.info/inmobiliaria/bolsa-e-inversiones/332782-que-os-parece-ing-lu-122.html#post8972721
señor eko
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Creo que los cambios de divisa son a través de Forex y se rigen por los horarios de apertura/cierre de las sesiones (por lo que es posible que en fin de semana no se puedan hacer cambios de divisas). El cambio de moneda creo que sólo está disponible de lunes a viernes de 7:00 a 22:45.
nekcab
Madmaxista
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Una puntualización. En la muy orientativa respuesta de nuestro conforero de hace unas semanas, casi me lanzo a la piscina de las deducciones:
Se ve que no todo el monte es orégano, ya que se especifica claramente en:
Por si alguien tiene algún dato más revelador, que nos lo resuelva...
Mecaweto dijo:
Se ve que no todo el monte es orégano, ya que se especifica claramente en:
dado que ésa misma ley excluye específicamente:ley del Impuesto art.26.1 dijo:
O sea, las deducciones son exclusivamente aplicables para valores de Bolsa y sucedáneos, en una palabra.ley del Impuesto art.26.1 dijo:
Por si alguien tiene algún dato más revelador, que nos lo resuelva...
quaver
Madmaxista
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Hay mucha información en este hilo y sería interesante recogerla en un sólo post, y que mejor que el primero. El forero damnit es el autor del hilo, ¿estaría de acuerdo?
¿Opiniones?
Edit: Aquí ya hay un buen intento de resumen:
http://www.burbuja.info/inmobiliari...wissquote-guardar-ahorros-36.html#post6355802
¿Opiniones?
Edit: Aquí ya hay un buen intento de resumen:
http://www.burbuja.info/inmobiliari...wissquote-guardar-ahorros-36.html#post6355802
Última edición: