This Regulatory and Supervisory Notice (the “Notice”) describes the regulatory and supervisory status of AXENTE SWISS GmbH (“AXENTE”, the “Company”, “we”, “our”, “us”) under Swiss law and the consequences of that status for Clients and prospective Clients.
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This Notice forms part of the documentation governing the business relationship between the Client and AXENTE (the “Business Relationship”) and must be read together with AXENTE’s General Terms and Conditions (“GT&CS”), the Special Risk Disclosure Notice, the Privacy Notice, the Acceptable Use Policy, the applicable Fee Schedule and any other applicable documentation. Capitalized terms used but not defined in this Notice have the meaning given to them in the GT&CS.
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By entering into or continuing a Business Relationship with AXENTE and by using the services provided by AXENTE (the “Services”), the Client confirms that it has read, understood and unconditionally accepted this Notice (cf. Section 1.9 of the GT&CS).

AXENTE SWISS GmbH is a limited liability company incorporated under Swiss law with registered office at Gartenstrasse 6, 6300 Zug, Switzerland.

AXENTE is a financial intermediary within the meaning of Art. 2 para. 3 of the Swiss Anti-Money Laundering Act (AMLA).
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AXENTE is affiliated with and supervised by the Self-Regulatory Organization (SRO) “Verein zur Qualitätssicherung von Finanzdienstleistungen” (VQF) in the area of Anti-Money Laundering (AML) and Counter Financing of Terrorism (CFT) regulations (Affiliation Number: 101299). VQF is a recognized SRO that is supervised by the Swiss Financial Market Supervisory Authority (FINMA).
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As a financial intermediary affiliated with a recognized SRO, AXENTE is subject to Swiss AML obligations, including duties relating to client identification, verification of beneficial ownership, risk assessment, due diligence, transaction monitoring, record keeping and suspicious activity reporting.
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The supervision exercised through AXENTE’s SRO affiliation relates exclusively to compliance with applicable AML and CFT requirements. It does not constitute prudential supervision and does not extend to AXENTE’s solvency, financial soundness, business conduct or the quality of the Services.

AXENTE is not a bank, does not hold a banking licence and does not hold any other licence or authorisation granted by FINMA. AXENTE is not prudentially supervised or regulated by FINMA as a bank, securities firm, fintech institution, asset manager, portfolio manager, fund management company or other prudentially supervised financial institution.
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Accordingly, Clients of AXENTE do not benefit from the same level of regulatory oversight and supervisory scrutiny that may apply to FINMA-supervised institutions. By using the Services, the Client acknowledges and accepts the risks associated with conducting business with a financial intermediary that is supervised solely for compliance with applicable anti-money laundering requirements through an SRO framework.

AXENTE does not accept deposits from the public and does not conduct banking activities. No depositor protection scheme, deposit guarantee or depositor privilege applies to fiat funds or Crypto Assets held with or through AXENTE, including in the event of bankruptcy, insolvency, liquidation or similar proceedings affecting AXENTE.
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Fiat funds held by or through AXENTE on behalf of the Client may, in the event of such proceedings, form part of AXENTE’s bankruptcy estate and may not be segregated from AXENTE’s own assets.
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The treatment of Crypto Assets in such proceedings depends on the applicable custody arrangement (Individualized Crypto Custody or Omnibus Crypto Custody) and on applicable law. Further details are set out in Sections 6.4 and 15 of the GT&CS and in the Special Risk Disclosure Notice.

The Services are available exclusively to legal entities and institutions qualifying as institutional investors with a professional treasury management within the meaning of Art. 5 para. 2 let. d and Art. 5a para. 2 let. c of the Swiss Banking Ordinance (BankO) and FINMA Circular 2008/3 N25 (“Professional Clients”).
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AXENTE operates exclusively on a business-to-business (B2B) basis. AXENTE does not provide Services to natural persons, to corporates without a professional treasury management, or to retail clients or consumers.
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Funds accepted from Professional Clients within the meaning of the provisions referred to in Section 6.1 of this Notice do not constitute deposits from the public within the meaning of Swiss banking law. The Professional Client status is verified during onboarding and monitored on an ongoing basis. The Client must immediately notify AXENTE if it ceases to qualify as a Professional Client (cf. Section 5.3 of the GT&CS).

AXENTE is not authorised under Regulation (EU) 2023/1114 on markets in crypto-assets (“MiCA”) or under any other financial services legislation of the European Union or the European Economic Area, and is not authorised or supervised by any EU or EEA competent authority. AXENTE does not hold itself out as being so authorised and does not benefit from any EU or EEA passporting rights.
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AXENTE does not actively market, promote, advertise or solicit its Services in the European Union, in the European Economic Area or in any other jurisdiction outside Switzerland.
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A Business Relationship with a Client established outside Switzerland may be entered into only where permissible under applicable law and AXENTE’s internal policies and, where relevant, exclusively on the basis of the Client’s own initiative (reverse solicitation). Each Client represents that it has approached AXENTE and initiated the provision of the Services at its own exclusive initiative and that its decision to enter into the Business Relationship has not resulted from, and has not been induced by, any solicitation, promotion or advertising by or on behalf of AXENTE (cf. Sections 2.4.5, 2.4.6 and 2.6 of the GT&CS).

AXENTE does not offer Services to U.S. Persons (as defined in Section 23 of the GT&CS) and reserves the right to refuse or terminate the Business Relationship if a Client is or becomes a U.S. Person.

AXENTE provides the Services on an execution-only basis unless otherwise expressly agreed in writing. AXENTE does not provide investment, legal, tax or financial advice. The Client remains solely responsible for assessing the suitability, purpose and consequences of any Order or transaction and should seek independent professional advice where necessary.
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The Services and Crypto Assets involve significant risks. The Client is referred to the Special Risk Disclosure Notice made available on AXENTE’s website, which describes such risks in further detail and forms an integral part of the Business Relationship.

Copies of all currently valid legal documents governing the Business Relationship, including the Special Risk Disclosure Notice, the Privacy Notice and the Acceptable Use Policy, are available on AXENTE’s website (https://www.axente.ch/), through the online platform and upon request.
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AXENTE may amend this Notice at any time in accordance with Section 21 of the GT&CS. The version published on AXENTE’s website replaces all previous versions.

Complaints may be addressed to AXENTE in writing to the registered office or by e-mail to privacy@axente.ch. AXENTE will acknowledge receipt of a complaint within two (2) business days and aims to resolve complaints within fifteen (15) business days.

AXENTE SWISS GmbH, Gartenstrasse 6, 6300 Zug, Switzerland; e-mail: privacy@axente.ch