es
VERSION EFFECTIVE AS FROM October, 10 2025
Maclear AG is a company incorporated in Switzerland and affiliated with an SRO according to Swiss law.
Maclear is aware of its corporate duty to assist the fight against anti-money laundering and funding of terrorism. Maclear is also aware that its services could be used for such purposes.
The lack of proper handling of this risk could result in the infringement of laws and regulations. Maclear is yet committed to comply with all relevant laws, regulations, best practices, and ethical standards applicable in Switzerland.
Considering the foregoing, this policy (the “Policy”) details the procedures put in place by Maclear to identify any contractual relationship with an accrued risk and to take the necessary measures as a response to such risk.
This Policy must be read and understood by all employees of Maclear in order to follow Maclear’s practice regarding potential and confirmed instances of money laundering and funding of terrorism.
This Policy is aligned on the following laws and regulations:
a. Federal Act on Combatting Money Laundering and Terrorist Financing (Anti-Money Laundering
Act) (RS 955.0) (hereinafter referred to as the “AMLA”);
b. Federal Ordinance on Combatting Money Laundering and Terrorist Financing (RS 955.01)
(hereinafter referred to as the “AMLO”);
c. FINMA Anti-Money Laundering Ordinance (RS 955.033.0) (hereinafter “FINMA-AMLO”)
d. Swiss Criminal Code (RS 311.0) (hereinafter referred to as the “Criminal Code”);
e. Regulations of the SRO POLYREG according to Art. 25 AMLA (R-SRO); f. FINMA Circular
2016/7 "Video and online identification" (06.05.2021).
Maclear (the Company) is aware that amendments are carried out to laws and regulations on a regular basis. The content of the afore-listed instruments is to be taken into consideration in its version as effective at the date of issuance of this Policy.
Affiliate shall mean any person or entity that directly or indirectly through one or more intermediaries’ controls or is controlled by or is under common control with such person or entity. For the sake of clarity, control shall mean beneficial ownership of at least twenty five percent (25 %) of the then outstanding voting shares or equity interests in any company or the power to direct or otherwise cause the direction of the management and policy of any company. This definition therefore includes funds, investment vehicles, subsidiaries, holding companies, or other entities formed or incorporated in any jurisdiction which are managed by the Company.
AML shall mean anti-money laundering.
AML Department shall have the meaning set forth in Section 13 of this Policy.
Beneficial Owner(s) shall mean the natural person(s), who ultimately benefits from the Service by receiving the Investment or the Repayments.
Board of Directors shall mean the board of directors of the Company.
Borrower(s) shall mean a legal or natural person making use of the Services which are provided by the Company to raise Investment for a Project.
Business Relationship(s) shall mean the contractual relationship which is formed between a User and the Company.
Contact Person shall mean the person designated as the SRO contact person.
Commitment shall mean the commitment to make a Contribution, the amount of which shall be
automatically transferred to the Borrower should the Investment become effective.
Contribution shall mean the amount contributed to the Investment by a specific Investor.
Documentation shall have the meaning set forth in Section 12 of this Policy.
Employee(s) shall mean any person who is bound to the Company on a full-time or part time basis by a contract of employment and whose scope of employment is related to any activity which falls under the scope of Services.
FINMA shall mean the Swiss Financial Market Supervisory Authority.
FATF shall refer to the Financial Action Task Force.
High-Risk Business Relationship shall have the meaning set forth in Appendix 1 of this Policy.
High-Risk Transaction shall have the meaning set forth in Appendix 1.
Investor(s) shall mean a natural or legal person making use of the Services which are provided by the Company to make a Contribution to a Project.
Investment(s) shall refer to the total amount which a Borrower raises for a specific Project through Contributions.
Reporting Office shall mean the Federal Office of Police Money Laundering Reporting Office Switzerland (MROS), Guisanplatz 1A, CH-3003 Bern.
PEP(s) shall refer to politically exposed person(s). A User shall be classified as a PEP depending on the thresholds outlined in Section 8.3 of this Policy.
Platform shall refer to the online platform which is available at the following URL: www.maclear.ch
Policy shall mean this AML Policy and any other subsequent amendments as recorded in Appendix 4.
Project shall mean the project presented by a Borrower, made available by the Company on the Platform, and for which Investment is sought through Contributions from Investors.
Prosecuting Authority shall mean the court, tribunal or authority which is duly competent for the prosecution of any of the reports which are passed on to the Reporting Office or to any other office or authority charged with processing the reports made in line with this Policy.
Related Individual(s) shall have the meaning set forth in Section 8 of this Policy.
Repayment(s) shall mean any payment made by the Borrower to Investors, including the repayment of Contributions and any interests.
Service(s) shall mean the services offered to Users by the Company as expounded in Section 3.
Third Party(-ies) shall mean any natural or legal person who is not a User, his/her Beneficial Owner, the Company, its Affiliates, or a Third-Party Service Provider.
Third-Party Service Provider(s) shall mean any natural or legal person who has a contractual relationship which serves the purpose of outsourcing the Services or facilitating the Services.
Transaction shall refer to the acceptance of Commitments, the effective transfer of Contributions from the Investors to the Borrower, and/or the transfer of Repayments from the Borrower to Investors, with the Company acting as an intermediary.
SRO shall refer to the self-regulatory organization to which the Company is affiliated.
User(s) shall mean jointly Borrowers and Investors.
Working Days shall mean a day that is not Saturday or Sunday as well as any day which falls on a public holiday in the Canton of Zürich, Switzerland.
This Policy is meant to outline the procedures and guidelines to be followed and applied within the
Company, by the Board of Directors, Employees, Third-Party Service Providers and/or Affiliates, with the purpose of mitigating the Company’s risk of legal liabilities relating to money laundering and financing of terrorism.
The Services offered by the Company consist in the operation of a Platform where Users can act both as Borrowers or Investors, in order to respectively raise Investment for a Project or make a Contribution to a Project.
Borrowers submit detailed information about a Project for which they wish to raise Investment through the Platform, and specify the amount of such Investment which cannot exceed 1 million Swiss Francs.
Any exception to this rule should be approved by the Board of Directors. Based thereon, the Company conducts a due diligence and risk assessment.
THE SERVICES DO NOT QUALIFY AS FINANCIAL SERVICES IN THE MEANING OF THE FEDERAL
ACT ON FINANCIAL SERVICES (RS 950.01) AND THE FEDERAL ORDINANCE ON FINANCIAL SERVICES (RS 950.11), NOR DOES THE COMPANY QUALIFY AS A FINANCIAL INSTITUTION IN THE MEANING OF THE FEDERAL ACT ON FINANCIAL INSTITUTION (RS 954.01) AND THE FEDERAL ORDINANCE ON FINANCIAL INSTITUTIONS (RS 954.11).
In particular, the Services offered by the Company do not include financial advice, portfolio management or securities brokerage.
If the Project is approved by the Company, the description of the Project is added on the Platform to allow Investors to inform themselves and, should the Project catch their interest, commit to make a Contribution.
The Investment becomes effective and the Contributions are collected only should the total amount thereof be gathered based on Commitments made by the end of the specified period.
When the Investment becomes effective, each Investor who made a Commitment transfers the Contribution to the Company which shall collect all Contributions and transfer the Investment to the Borrower within 60 days. The transfer occurs pursuant to the terms of a loan agreement concluded between the Company and the Borrower, and assigned to the Investors for the portion equivalent to their Contribution prior to such transfer.
The Company similarly transfers any Repayments received from the Borrower to the Investor.
THE COMPANY WILL NOT BE RECEIVING ANY DEPOSITS WITHIN THE MEANING OF BANKING
LAWS AS IT FALLS WITHIN THE SCOPE OF THE EXEMPTION PROVIDED AT ARTICLE 5 (3)(C) OF
THE BANKING ORDINANCE (RS 952.02).
The Company shall ensure that it abides, through its Employees and Third-Party Service Providers, to the following duties to avoid being involved in activities incriminated in the Criminal Code:
a. the Company must at all times ensure that the source and origin of funds used by the Investor
for a Contribution and by the Borrower for Repayments is clarified, in order to ensure that at it is not liable under Article 305bis of the Criminal Code;
b. the Company must at all times ensure that the identity of the Beneficial Owner is ascertained in
order to ensure that it is not liable under Article 305ter of the Criminal Code;
c. the Company must ensure that by accepting Projects and transferring the Investment or Repayments, it does not participate in the structuring of an entity aimed at committing crimes,
in order to ensure that it is not liable under Article 260ter of the Criminal Code;
d. the Company must ensure that the Investment and the Repayments are not used for the commission of any crime of violence or public intimidation under Article 260quinques of the Criminal Code; and
e. the Company must at all times ensure compliance with AMLA and any application ordinances.
Maclear classifies client risk profiles based on factors that could indicate higher or lower levels of potential money laundering risk. A list of those factors is provided in Annexes to this Policy.
Maclear defines 2 Risk Levels:
- Normal Risk: Clients in this category present minimal risk of involvement in money laundering activities.
- High Risk: Clients who are considered high-risk have complex financial activities, high transaction
volumes, or come from sectors known for increased AML risks. Politically exposed persons (PEPs) and clients from high-risk jurisdictions.
Maclear divides its Risk Factors into the following categories:
- Geographical Risk: Maclear assesses the country of residence, the location of transactions, or business operations. Clients in countries with weak AML regulations or high corruption levels are considered higher risk.
- Customer Profile: Certain client profiles, like PEPs or those in professions or industries with higher financial crime risk are assigned a higher risk level.
- Transactional Behavior: Frequency, volume, and type of transactions influence the risk profile. For instance, if sudden increases in transaction volume or patterns consistent with money laundering typologies are observed.
- Accumulated assets: Maclear applies the threshold of CHF 50’000 of total assets transferred on the platform as a criteria for HR classification.
- KYC Verification: Information collected during the onboarding of the client or at a later stage contribute to the initial risk assessment.
- Ongoing Monitoring and Review: during the ongoing monitoring of clients’ accounts Maclear detects changes in behavior that could alter the risk profile, adjusting classifications as necessary.
As High-risk customers present a heightened potential for money laundering or other financial crimes, Maclear applies more stringent guidelines to their review.
High-risk customers are reviewed at least annually. During such review, a CO performs an Enhanced Due Diligence (EDD), which consist of:
- Detailed Verification involving in-depth background checks, verification of identity documents, and obtaining information on the source of funds and source of wealth when necessary.
- Independent Verification of any documents related to income, assets, and funds sources if the provided documents might be insufficient or upon CO’s decision.
- Transaction Analysis: involving analysis of transaction patterns is conducted to detect unusual activity, such as sudden increases in transaction size or frequency, cross-border transactions, or transactions in high-risk jurisdictions.
As Normal-risk customers typically present a standard level of risk, the review guidelines reflect a more streamlined, lower-intensity approach compared to high-risk customers.
Normal-risk customers are reviewed every 3 years as part of routine compliance and implies:
- Standard Due Diligence (SDD) including verification that the existing documents on personal and financial profile of the client is up-to-date
- Transaction Monitoring: Normal-risk accounts undergo routine monitoring.
Normal-risk customers are re-assessed periodically, particularly if there are changes in personal information, occupation, or transaction behavior that could affect their risk rating and lead to a temporary or permanent upgrade in risk classification if significant anomalies are detected.
Maclear performs ongoing monitoring of the transactions and if deemed necessary, may perform an ad-hoc review of a High Risk or Normal Risk relationship based on the results of this ongoing transactional monitoring.
As the clients profiles are also monitored by the identification provider SumSub, a flag or alert appearing in the system will also be reviewed ad hoc and when necessary, the user’s profile might be up-graded or escalated to the Management.
Maclear classifies AML transactions into 2 main categories:
- Low-Risk Transactions: Routine, transparent transactions with known counterparties, involving
low amounts which carry minimal AML risk.
- High-Risk Transactions: Transactions involving large amounts, unusual patterns, or high-risk
countries.
- Geographic Location: Transfers to or from high-risk jurisdictions, as identified by Swiss and
international regulators.
- Transaction Amount and Volume: Higher amounts, especially those above CHF 20’000
thresholds, and transactions with unusually high frequency.
- Transaction Purpose and Type: Transactions with ambiguous purposes, involving certain
high-risk industries (e.g., casinos, real estate, precious metals), or those with no clear economic
rationale.
- Behavioral Patterns: Deviations from a customer’s usual transaction patterns, such as sudden large transfers, unusual destinations, or repeated rounding of amounts
The Company shall not enter into a Business Relationship or carry out any Transactions until it has established the User profile by identifying the nature and purpose of the Business Relationship, the User and the identity of the Beneficial Owner.
The Company shall obtain information from the User on a regular basis on the Business Relationship and scrutiny of Transactions undertaken throughout the course of that relationship to ensure that the Transactions being conducted are consistent with the Company’s knowledge of the User profile.
Throughout the course of the Business Relationship, the Company shall ascertain the nature and purpose of the Business Relationship. The Company shall draw and record its conclusions.
Generally, the contractual agreement binding the Company with the User is sufficient to understand the purposes of the Business Relationship.
The Company implements several standards for the identification of its Users.
The Company shall in no event, and under no circumstances, accept on the Platform Users who want to remain anonymous or who provide details or information which are not real or factually correct.
The Company reserves the right to terminate any Business Relationship with immediate effect if subject to the conditions of Art. 32 para. 3 FINMA-AMLO and §29 R-SRO, it results from further investigation that any information furnished to the Company by the User is fictitious.
The Company implements the following technical measures for the identification of the User:
a. IP geofencing: the Platform is only available from Switzerland and EU countries;
b. VPN Protection: The Company created a black list containing VPN usually used to bypass an
interdiction. The persons who are outside Switzerland and EU may therefore not use the VPN contained on the black list to access the Platform; and
c. TOR blocking: the usage of the Platform via the TOR protocol is blocked.
The Company implements the following organizational measures:
a. Requirement to specify an account for fiat assets registered in the User’s name;
b. Refusal to accept any cash;
c. Limitation of Investment Projects to one (1) million CHF;
d. Limitation of total Contributions per Investor to 100’000 CHF.
Any exception to these rules must be approved by the Board of Directors on a case by case basis.
By verifying the identity of the Users in accordance with this Section, the Company will be fulfilling the regulatory obligations set out in AMLA, SRO-Regulations and FINMA-Circular 2016/7. The verification of the identity will ensure that no illicit funds are being laundered on behalf of Users and that the funds are not being used to support the funding of terrorism.
The identification of Investors may be delegated to a third party. In any case, the Company shall remain responsible for the fulfillment of the delegated tasks and shall take appropriate measures to ensure that the documents maintained in his files correspond to the original documents which have served to fulfill the due diligence (confirmation of the sender, encrypted transmission, etc.). A further delegation by the third party is excluded.
The Company will always identify and verify the identity of the Borrower prior to accepting a Project.
Each Project is assessed by the compliance department and validated by the board of directors. Should a Borrower place several Projects over time on the Platform, the Company shall proceed to the identification at the occasion of the first Project and require confirmation that all information obtained at this occasion remains valid at the occasion of the subsequent Projects, and if not, require an update
thereof.
To be able to make Commitments, the Company will verify the identity of the Investor in accordance with the process defined in this Section.
In particular, the Company shall identify the Users and verify the User's identity using reliable documentation, either in the form of originals or authenticated copies or in any other form deemed equivalent. For this purpose the complex services provided by SumSub Verification Platform (www.sumsub.com) is used, including all instruments and automated system processes to be involved for this purpose.
The information which shall be obtained by the Company from a User being a natural person is the following:
a. surname;
b. first name;
c. date of birth;
d. address; and
e. nationality.
The Client will be identified through an extract in original or a copy of a document established by Swiss or foreign authorities and containing a photo in accordance with Polyreg regulation.
In case of doubt, the Company may request further evidence or attestations delivered by public authorities.
A User being a legal person shall present an extract in original or a copy of:
a. an up-to-date extract of the commercial register issued by the registrar no longer than twelve (12) months ago; or
b. a copy of their statutes or equivalent documents, should they not be subject to a requirement of registering by a commercial register.
Such User shall besides provide evidence regarding their representatives with power to bind the legal person. Such evidence can be provided by means of an extract of the commercial register mentioning such information, a power of attorney, excerpts of the minutes or similar documentation with a valid signature in the name of the User. The representatives with PoA on the account must be identified, the beneficiaries of the legal entities must be screened against sanctions, PEP exposure and warning lists.
The Company shall repeat the process of identity verification if and when, in its sole discretion, it has doubts that the information provided by the User could be inaccurate or no longer up to date.
If identification is carried out by video or online, the requirements of FINMA Circular 2016/7 must be met.
If this is done via a third party, the company must ensure that the third party handles this in such a way that the requirements of FINMA Circular 2016/7 are complied with at all times and for each identification.
The Beneficial Owner shall be a natural person who holds at least 25% of the company’s share capital (directly or indirectly) and has to be identified in any case, with the proper due diligence required by the circumstances.
If deemed required, the Company may request from the User a written and signed declaration in which the User ascertains the identity of the Beneficial Owner.
The Company shall always request such declaration if:
a. the User is not identical to the Beneficial Owner or if there is any doubt about the matter; or
b. the customer is a domiciliary company or an operating legal entity
The declaration provided by the User shall contain the following information concerning the Beneficial Owner, by means of an A Form (Appendix 2) or K Form (Appendix 3), as the case may be:
a. surname;
b. first name;
c. date of birth;
d. address; and
e. nationality.
This information shall be corroborated by an extract in original or a copy of:
a. a valid unexpired passport;
b. a valid unexpired national or other government-issued identity card;
c. a valid unexpired residence card; or
d. a valid unexpired driving license.
If doubts remain as to the identity of the Beneficial Owner after the declaration was collected and subject to the conditions of Art. 32 para. 3 FINMA-AMLO and §29 R-SRO, the Company shall refrain from entering into a Business Relationship with the User.
Should the Company identify a High-Risk Business Relationship and/or a High-Risk Transaction based on the criteria outlined in Appendix 1, it shall refuse the Project or immediately block the concerned Transaction and proceed to further verifications in accordance with this Section.
In particular, the Company may resort to the following instruments in case it identifies a High-Risk Business Relationship and/or a High-Risk Transaction:
a. ask for a written or verbal declarations of the User and/or Beneficial Owner;
b. ask that the User fill in a complementary questionnaire;
c. make possible offline meetings with User; or
d. ask information from Third Parties who do not form part of the Business Relationship. The
Company may terminate the Business Relationship with immediate effect if:
a. doubts about the information about the User and/or Beneficial Owner persist after performing
special duties of due diligence; or
b. there is a suspicion that false information was given intentionally to the Company.
La Compañía puede tomar medidas para comprender o identificar:
a. the source of the funds used in the Transaction;
b. the reason and purpose why the User entered into a Transaction;
c. the source of wealth of the User and/or Beneficial Owner;
d. the Beneficial Owner of the User; and
e. the financial situation of the User and/or Beneficial Owner.
if:
a. the Business Relationship or the funds used in order for the Business Relationship to subsist are deemed to be unusual in the Company’s view;
b. if the Company identifies the presence of a factor of high risk based on the Risks outlined in
Appendix 1.
c. There is evidence of suspicious activity; or
d. the information supplied by the User is synonymous with warnings which are published by the SRO.
For the purposes of this Policy, PEPs shall be defined in the same manner as in AMLA:
a. Foreign PEPs: individuals who are or have been entrusted with prominent public functions by a foreign country, such as heads of state or of government, senior politicians at national level, senior government, judicial, military or political party officials at national level, and senior executives of state-owned corporations of national significance;
b. Domestic PEPs: individuals who are or have been entrusted with prominent public functions at national level in Switzerland in politics, government, the armed forces or the judiciary, or
who are or have been senior executives of state-owned corporations of national significance. This domestic status as a PEP expires eighteen (18) months after the termination of the public function;
c. PEP in international organisations: individuals who are or have been entrusted with a prominent function by an intergovernmental organisation or international sports federations, such as secretaries general, directors, deputy directors and members of the board or individuals who have been entrusted with equivalent functions; and
d. any family member and close associate of the PEPs (hereinafter altogether referred to as
“Related Individual(s)”).
Should the User or Beneficial Owner be a Foreign PEP or Related Individual, the relevant Business Relationship shall be categorized as a High-Risk by the Company.
The Company shall categorize a Domestic PEP or a PEP in international organisations or a Related
Individual thereto as a High-Risk Business Relationship depending on the nature of the requested Services and the amount of the Transaction according to Appendix 1.
Any Employee handling the on-boarding of a PEP shall obtain an approval from the senior management within the Company for the acceptance of said Business Relationship.
Maclear has a very limited appetite for PEP relationships and, as a rule, doesn’t enter into business relationships with clients identified as PEP or residents in a High Risk jurisdiction. However, if such a factor occurs or is discovered during the Review or ongoing monitoring due to the change in the client’s profile, Maclear will terminate the relationship with the client. Any exception to this rule (e.g. decision to postpone the termination until the reimbursement of the invested assets) must be approved by the Management of the Company.
The high-risk status relating to a PEP shall remain even after the termination of the public function.
Ongoing AML Screening should include: PEPs checks, sanctions lists, watchlists and adverse media.
Determination of a natural person's presence or non-presence on global sanctions lists, PEP lists, watchlists, blocklists, or adverse media (OFAC, UN, HMT, EU, DFT etc.).
Ongoing AML Screening is an automated process (provided by SumSub System www.sumsub.com )
and does not make any final decisions on whether to onboard/continue relationship with a given person (such decisions are made by the Company at its own discretion). The results of ongoing Checks are solely based on potential matches between the user’s personal data and the data contained in databases available to the SumSub System – the Verification Service Provider.
Ongoing AML monitoring towards all onboarded Clients (as Addition to AML Screening):
Once AML Screening is initiated and Ongoing AML is connected, the SumSub System daily re-checks
an applicant against AML watchlists (sanctions, PEPs, adverse media, etc).
Should the Company wish to outsource tasks carried out under this Policy to a Third-Party Service Provider, it shall send a written request to the SRO and obtain its prior approval.
The approved Third-Party Service Provider shall not be allowed to further delegate the tasks assigned by the Company.
The approved Third-Party Service Provider shall adhere to this Policy and any other relevant internal regulation of the Company.
The Company shall remain responsible for the fulfillment of the delegated tasks.
The Company shall monitor the Business Relationships and Transactions. Therefore, throughout the Business Relationship, if deemed necessary, the Company shall request, acquire, and record information from the User’s file for the purpose of performing such on-going monitoring.
Monitoring shall be performed by Employees who are specifically trained and employed to carry out such monitoring.
With regards to High-Risk Business Relationship and/or High-Risk Transaction, a review of the Business Relationship with the User shall be carried out by the Company on a regular basis.
The Business Relationship who falls under the definition of a PEP shall be reviewed immediately after the notice is received from the SumSub System, which daily re-checks all onboarded Customers (Investors and Borrowers) against AML watchlists (sanctions, PEPs, adverse media, etc).
The Company shall immediately file a report with the Reporting Office
1. if (a) it has sufficient knowledge or several indications in the course of a Business Relationship,
or (b) it terminated negotiations aimed at establishing a Business Relationship because of such knowledge or reasonable suspicion that a Project, a Contribution, an Investment or any
Repayments are related to any illicit activities.
2. If it is evident that a User, a Beneficial Owner, or an authorized signature corresponds, or can
reasonably be suspected to correspond, to any warnings which are issued by FINMA, the Swiss
Federal Gambling Board or the SRO.
The Company may file a report with the Reporting Office should it identify elements allowing suspicions that a Project, a Contribution, an Investment, or any Repayments are related to any illicit activities.
Lawyers, notaries, patent counselors and auditors involved with the Company and bound by professional secrecy under provisions of the Swiss Code of Obligations are not bound by the duty to report to the extent disclosure of information at the occasion of such report would be punishable pursuant to Article
321 of the Criminal Code, unless another provision of federal or cantonal legislation establishes a right or duty to report.
Such is notably the case should they identify elements allowing suspicions that a Project, a Contribution, an Investment, or any Repayments are related to any illicit activities.
The instructions regarding the format of the report are available at the following URL:
www.fedpol.admin.ch/fedpol/en/home/kriminalitaet/geldwaescherei/meldung.html.
The Company shall, at its sole discretion, elect to leave the Employee who identified the activity which is subject to the report as anonymous.
Any report filed shall without delay be notified to the Board of Directors and the SRO, along with the
subsequent notifications to and from the Reporting Office. The Contact Person shall be identified in the report to facilitate communications with the SRO.
The Company shall in no circumstance inform the User or any third parties that it intends to or has filed a report.
This prohibition does not apply to protecting the Company’s interests in the context of a civil action or criminal or administrative proceedings.
The Company shall freeze any Contribution, Investment or Repayment as soon as the Reporting Office sends a confirmation that a report regarding such has been forwarded to the Prosecuting Authority.
Should the Company be unable to itself proceed with such freezing, the Company may notify the financial intermediary able to do and being itself subject to AMLA.
Such freezing shall last until the Company receives a ruling from the Prosecuting Authority but at most for five (5) working days as from the day on which the Reporting Office confirmed having forwarded the report.
The Company may terminate, if the Board of Directors deems appropriate, the Business Relationship when after sending the report based on Section 11.1 of this Policy,
1. the Reporting Office does not send a reply to the Company within twenty (20) days;
2. the Reporting Office informs the Company that it will not be taking action on the report filed;
3. there was no notification from the Prosecuting Authority within five (5) Working Days
The Company may terminate, if the Board of Directors deems appropriate, the Business Relationship when after sending the report based on Section 11.2 of this Policy, the Reporting Office informs the Company that it will not be taking action on the report filed;
The Company must terminate the Business Relationship in the following instances, subject to the conditions of Art. 32 para. 3 FINMA-AMLO and §29 R-SRO:
a. it still has doubts regarding the information provided by the User, even after carrying out
repetition of the verification of the identity of the User or the establishment of the identity of the Beneficial Owner;
b. the User does not cooperate to carry out the verification of the identity or to help with the confirmation of the identity of the Beneficial Owner.
If the Company holds any Contributions or Repayments belonging to the User and which have not yet been transferred, these Contributions or Repayments can be withdrawn only in a form that allows the cantonal prosecution authorities to follow the paper trail.
In no event can the Company terminate the Business Relationship for as long as a freezing pursuant to Section 1.5 lasts.
The Company shall deploy its best efforts to keep complete and accurate records related to the Users, Beneficial Owners, Projects, Contributions, and Investments (hereinafter referred to as the “Documentation”). The Documentation shall enable reconstruction of each individual Transaction.
To this end, the Company shall prepare any documents and receipts in such a manner as to create an audit compliance trail and maintain it in line with the relevant laws and regulations applicable to the
situation.
The Documentation shall include at least the following:
1. a. a register of all Users, including copies of the information/documents referred to in Section 6
and Section 7;
b. therein, High-Risk Relationships or PEPs shall be labelled as such.
2. any files related to accounts, business correspondence and the actual reports on the analyses undertaken by the Company in relation to Projects and the Transactions which occurred throughout the Business Relationship.
Other elements may be deemed relevant to be included.
The Company shall store the Documentation for a minimum period of ten (10) years, at a physical location and/or servers located in Switzerland. The Company is responsible for such storage and ensures by all appropriate means that the risk of Documentation being lost or corrupted is minimized.
Upon request, the Documentation shall be made readily available for presentation to a Prosecuting
Authority or SRO within a reasonable time.
The Company has an AML department within the Company (hereinafter referred to as the “AML Department”).
Members of the AML Department are the Contact Person and the person in charge of training, and any other person qualified in respect to AML matters as deemed appropriate by the Company.
The AML Department is in charge of the following tasks:
1. issuing internal directives;
2. articulating training programs for its Employees.
The above list is not exhaustive.
The Board of Directors shall consult the AML Department regarding matters which fall under the AML Department’s competence, pursuant to this Policy or ancillary internal regulations set by the Company.
Employees shall be provided with appropriate training as provided by the Company and/or the SRO.
Such training shall expound the legal provisions, the indications, the regulation of the SRO as well as the internal measures taken by the Company to prevent money-laundering and financing of terrorism.
Any in-house training organized by the Company shall be approved by the SRO and shall mostly cover the content of this Policy.
New Employees shall be provided with this Policy and, within an appropriate period but no longer than six (6) months after having joined the Company, they shall complete an initial training as provided by the SRO, and, if applicable, as completed by an in-house initial training.
The Employee in charge of supervision of the training and the Contact Person shall attend the annual recurrent training provided by the SRO and ensure the content of the latter is communicated within the Company and reflected in in-house trainings.
Ordinary inspection
At any time, the Company’s activity may be inspected by an independent inspection agency appointed by the SRO to carry out the periodic ordinary inspection of its members. Such agency acts on behalf of the SRO, but on account of the Company. Such inspection shall occur on average once every twelve months, unless deferral is granted, with regards to compliance with the legal provisions, the regulation of the SRO and of the Company itself, especially the due diligence reporting obligations contained therein.
Extraordinary inspection
Should there be grounds for suspicion of an irregularity or violation, or should such be identified, the Company’s activity may be inspected by the SRO directly or by an independent investigator acting on its behalf.
Cooperation
The Company shall assist with any inspection and provide with all necessary accesses and Documentation.
This policy was approved by the management on 10th of October 2025 and will be reviewed annually thereafter.
Aleksandr Lang Denis Ustjev
Member of the Board Member of the Board
Maclear AG Maclear AG
1.1 The Company shall immediately and in any case classify a Business Relationship as “High Risks”
if:
1. The User or Beneficial Owner is a Foreign PEP or Related individual, as defined in Section 8.3 of this Policy;
2. The User or Beneficial Owner is a Domestic PEP, PEP in international organisation or Related
individual, as defined in Section 8.3 of this Policy and at least one risk criterion is added
according to the following points or Appendix 1bis.
3. The User and/or Beneficial Owner is/are resident in a country considered as “high risk” or non-cooperative by the FATF and for which the FATF calls for increased due diligence, as disclosed by a FATF publication as updated on a regular basis.
4. When the volume of Transactions appears to be unusual or inconsistent with the User’s profile there is an explicit refusal to provide any documentation which is requested by the Company or some of the information provided by the User happen to be wrong or misleading.
1.2 The Company also applies the following factors to indicate whether the Business Relationship with the User can be categorized as High-Risk:
a. domicile, nationality or address of the User or the Beneficial Owner;
b. nature and location of the business activities of the User or the Beneficial Owner;
c. the origin or target country of frequent payments;
d. any other criteria requested/recommended by SRO, FATF or the Company’s policies.
Risk countries relevant for a. and c. above are:
- country considered as “high risk” or non-cooperative by the FATF and for which the FATF calls for increased due diligence, as disclosed by FATF publications updated on a regular basis (www.fatf-gafi.org);
- countries ranked 5.00 or above on the Basel Governance AML-Index list
(https://index.baselgovernance.org/ranking).
Risk business activities for b. above are:
- Arms / armaments trade
- Jewellery trade
- Casino and lottery business
- Erotic trade
- Trade in rough gemstones and diamonds
- International trade in exotic animals
- All business activities with high cash transactions
2.1 With regards to the Transactions which occur between the User and the Company, in any case the Transaction is a High-Risk Transaction if:
a. coming from or directed to a country considered as “high risk” or non-cooperative by the FATF and for which the FATF calls for increased due diligence, as disclosed by FATF publications updated on a regular basis.
2.2 The Company also applies the following factors to indicate whether a Transaction can be categorized as High-Risk:
a. the amount of the assets or the volume of the Transactions appears unusual, considering the User’s profile or the circumstances of the User;
b. in the specific Business Relationship or in similar Business Relationships, considerable deviations are noted from customary Transaction nature, volumes and frequencies;
c. the User uses the Services in a way to perform Linked Transaction in a row during a short period
of time for an which exceeds a sum of 100’000 Swiss francs;
d. any other criteria requested/recommended by SRO, FATF or the Company’s policies;
e. the manner in which the Transactions are indicated are for an illegal purpose;
f. from an economic point of view, the Transactions feature quantities which are excessive or not discernible; or
g. the amount of funds within the Transaction do not seem reasonable to the Company when the User profile is examined.
Additional criteria for increased risk qualification of Domestic PEPs, PEPs in international organisation or Related individual:
a) domicile or address of the customer, the controlling person, or the beneficial owner of assets, especially residence in a country considered as “high risk” or non-cooperative by the FATF, as well as the citizenship of the customer or the beneficial owner of assets;
b) the nature and the location of the business activities of the customer or the beneficial owner of assets, especially in cases of business activities in a country considered as “high risk” or non-cooperative by the FATF;
c) lack of personal contact with the customer and/ or beneficial owner;
d) nature of the requested services or products;
e) amount of the assets deposited;
f) amount of the asset flows;
g) country of origin or destination of frequent payments, especially payments from or to a country considered as “high risk” or non-cooperative by the FATF; h) complexity of structures, particularly through the use of several domiciliary companies or a domiciliary company with fiduciary shareholders in a non transparent jurisdiction, without apparent reason, or for the purpose of short term asset placement;
i) frequent transactions with higher risk
