Jurisdictional Disclosures
Market-by-market regulatory themes for Switzerland, the EU/EEA, the United Kingdom, and the United States.
- Document type
- Information policy
- Category
- Company and regulation
- Version
- 2026-08-24
- Effective
- August 24, 2026
- Issued by
- Ohana Capital AG
Notice
No market authorization is claimed unless expressly listed as granted.
On this page8 sections
1. Purpose
This document summarizes the mandatory disclosure themes Ohana Capital tracks for Switzerland, the EU/EEA, the United Kingdom, and the United States. Authorization is claimed in a market only when it has been granted and is listed here. This document is not a substitute for local legal advice.
2. Cross-cutting rules (all markets)
Until a market is approved:
- Do not claim a financial-services license that is not held.
- Do not provide custody of customer assets.
- Do not present internal platform balances as safeguarded client assets.
- Keep Risk, Terms, and Privacy versioned and accepted where required.
- Maintain accurate entity identity (Ohana Capital AG, Zürich, UID CHE-114.729.131).
3. Switzerland (CH)
| Theme | Typical expectation | Ohana Capital status / action |
|---|---|---|
| Entity identity | Clear Swiss company particulars | Published in Legal Center / brand constants |
| Financial-services perimeter | Assess whether activity is banking, securities, or FinTech-regulated | Requires counsel opinion before live services |
| AML | Due diligence proportionate to activity | Procedures documented; automated sanctions screening staged for live funding |
| Data protection | Swiss FADP alignment | Privacy Policy baseline; counsel review in progress |
| Marketing | Avoid misleading performance / license claims | Claims verification script + trust positioning |
4. European Union / EEA
| Theme | Typical expectation | Ohana Capital status / action |
|---|---|---|
| MiFID / investment services | Authorization or exemption analysis | Not claimed |
| MiCA / crypto-asset services | CASP assessment if crypto services go live | Not claimed |
| GDPR | Controller identity, legal bases, rights, transfers, DPA inventory | Privacy + Vendor Schedule; confirm SCCs / transfers |
| Distance marketing / consumer info | Pre-contract information if B2C | Add if consumer onboarding is enabled |
| Cross-border passporting | Only with correct authorization | Not available currently |
| Risk warnings | Clear, prominent, product-specific | Risk + Margin + Staking docs exist |
5. United Kingdom (UK)
| Theme | Typical expectation | Ohana Capital status / action |
|---|---|---|
| FSMA perimeter / FCA authorization | Required for regulated activities | Not claimed |
| Consumer Duty / fair-value (if applicable) | Outcomes, communications, support | Review if UK retail is targeted |
| UK GDPR / DPA 2018 | Privacy disclosures and transfers | Align Privacy Policy UK addendum with counsel |
| Financial promotions | Approved promotion rules | No UK financial promotion claimed |
| Complaints / FOS | Scheme membership where required | Add only if authorized firm status exists |
6. United States (US)
| Theme | Typical expectation | Ohana Capital status / action |
|---|---|---|
| Broker-dealer / ATS / exchange | SEC / FINRA / state registration analysis | Not claimed; do not present Form CRS unless a registered BD |
| Money transmission / custody | State MTL / trust / banking analysis for fiat movement | Not claimed |
| Crypto classification | Securities / commodities / money-transmission analysis | Product-by-product counsel review |
| Privacy | State privacy laws (e.g. CCPA/CPRA) where applicable | Privacy Policy baseline; add US state addendum if targeting US residents |
| Marketing | No false awards, guaranteed returns, or fake regulation | Claims controls in place |
7. Local addendum method
When a jurisdiction is approved, a short Local Addendum is published covering:
- Regulatory status wording (exact authorized language)
- Client-money / custody wording
- Complaints / ombudsman details
- Mandatory risk language
- Tax / reporting notices if required
- Language and governing-law interactions with master Terms
Addenda are versioned in the Legal Center and linked from the Terms acceptance flow.
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