New AMLA rules

Since 1 October 2026: advisors (law firms, fiduciaries) subject to the revised Swiss AMLA, and reporting of beneficial owners to the transparency register.

1 October 2026Due diligence and organisation apply

Before 1 December 2026Application to join an SRO, or notice by an FI already supervised

When in doubtIn dubio pro AMLA (recommendation of the Geneva Bar Association)

Abbreviations and key

AMLA: Federal Act on Combating Money Laundering (SR 955.0)
AMLO: Anti-Money Laundering Ordinance (SR 955.01)
NOE: Non-operational legal entity
SRO: Self-regulatory organisation the advisor must join
SRO SAV/SNV: SRO of the Swiss bar and notaries' associations
FI: Financial intermediary, existing regime; covers officers of domiciliary companies
TJPG TJPV: Act on the Transparency of Legal Persons (SR 955.3) and its ordinance (SR 955.31); German abbreviations, no official English ones
CR: Commercial register
BO: Beneficial owner
MROS: Money Laundering Reporting Office
T&C NDA: Terms and conditions, non-disclosure agreement

AMLA: In scope: due diligence, then joining an SRO if on a professional basis.
Outside AMLA: Not covered. Record the reason in the file.
Grey zone: Unsettled: to be safe, treat as AMLA.
Already FI: Already covered by the FI regime.
Deadline: Filing deadline for the transparency register.
Cash: Dealer rule: cash received in a real estate sale.
concept: Key concept, defined at the bottom of the page.
: Main path to the next question.
: Side exit, with its condition.

Apply matter by matter, when the file is opened and whenever its purpose changes. The type of service (opinion, call, contract review) decides nothing; only the underlying transaction counts.

New matter

Is the matter contentious?

Art. 2 para. 4 let. f AMLA
- Judicial, administrative, criminal or arbitral proceedings
- Advice to prepare, conduct or avoid proceedings, assessment of litigation risk
- Enforcement of the outcome of proceedings
If no: next step
If yesOutside AMLA
Does the matter involve a listed transaction?

Art. 2 paras. 3bis and 3ter AMLA
- Purchase or sale of real estate
- Formation of a NOE in Switzerland, or of any entity seated abroad
- Management or administration of a NOE
- Contributions to and distributions by a NOE
- Purchase or sale of an entity through a NOE
- Domiciliation of an entity at the firm for more than 6 months
If yes: next step
If noOutside AMLA
Employment contract, commercial lease, distribution, T&C, NDA, general tax advice, formation of a Swiss operating company, share deal between operating companies.
Does your advice causally contribute to the transaction?

Art. 12d AMLO. Phone calls and written advice are treated the same. The scale below is our reading.

Outside AMLAGeneral information on the law, without reviewing the client's situation

Grey zoneRecommendation tailored to the client, who then acts on it

AMLAImplementation details, structuring of contributions, drafting of deeds

If yes or Grey zone: next step

Grey zoneIn dubio pro AMLA
Identify the client as soon as the discussion becomes specific, not when the memo is delivered.
Is there a financial transaction?

Art. 2 para. 3bis AMLA, including the organisation of funds; art. 12e AMLO for real estate
- Sale price, capital payment, contribution in kind, distribution, loan
- Real estate: as soon as the parties have declared their intention to conclude the sale (also: equivalent act, usufruct or building right granted for payment)
- Cash Separate regime for dealers: due diligence from the first franc received in cash in a real estate sale (art. 8a para. 4 AMLA)
If yes: next step
If noOutside AMLA
Rare in practice for listed transactions.
Does an exception apply?

Art. 2 paras. 4bis and 4ter AMLA; art. 2 para. 3 let. a AMLO for intra-group. Main exceptions:
- Transfer of real estate or an entity below CHF 5 million, price paid and received exclusively through a bank or a regulated FI. A cash payment defeats the exception.
- Purchase of residential property in Switzerland for own use or as a replacement
- Family law, matrimonial property, inheritance, gifts, related persons; foundation upon death
- Officer of an operating entity, public-benefit foundation or operating association seated in Switzerland
- Notarisation without ancillary advice; intra-group services; audit; agricultural transfers
If no: next step
If yesOutside AMLA for this matter
The internal AMLA unit certifies the exception in writing.
Is the professional basis threshold met?

Art. 12f AMLO, one criterion is enough. For a firm organised as a legal entity, the revenue and number thresholds are probably assessed at firm level (our reading).
- More than CHF 50,000 of AMLA gross revenue per calendar year
- More than 20 clients or 20 transactions per calendar year
- More than CHF 5 million of third-party assets at any one time
- More than CHF 2 million of transactions per calendar year
If yes: result below
If noNot yet subject
Keep the register of AMLA matters. Once a threshold is crossed (art. 12g AMLO): due diligence at once, two months to file the application to join an SRO; until then, existing clients only.

Advisor under the AMLA

Application to join to be filed before 1 December 2026 (AMLO transitional provision). According to the Geneva Bar Association, the SRO SAV/SNV is currently the only SRO accepting lawyers as advisors. Collective membership of the firm recommended.
Until the decision on the application, advisor activity is limited to existing business relationships: no AMLA matter from a new client.
The lawyer responsible for the matter is a member or registered. Associates, trainees and paralegals may be auxiliaries (art. 2 para. 3 let. b AMLO): written agreement, training, remuneration by the advisor.
No report to MROS as long as the lawyer only advises, without carrying out a financial transaction for the client (art. 9 para. 2 AMLA).

Start from the service requested. Each branch ends either out of scope or with an AMLA result; in that case, go through the two common filters at the bottom.

Which service?

Domiciliation

Address, registered office, premises

Do you provide an address or premises as domicile or registered office of a legal entity?

NoOutside AMLAYesnext question ↓
For more than 6 months?

NoOutside AMLAYesAMLA art. 2 para. 3ter

Also applies to an operating entity: the NOE test plays no role here. In our reading, the term set in the contract is enough.

Formation

Preparation, introduction to the notary, capital payment

Where will the entity be seated?

AbroadAMLA even if it is an operating entityIn Switzerlandnext question ↓
Will the entity be a NOE?

NoOutside AMLAYesAMLA art. 2 para. 3bis let. bUnsureGrey zone treat as AMLA

Introducing the notary, preparing the articles or organising the capital payment are causal contributions: they are enough.

Advice and transactions

Company sale, structuring, real estate

Does the advice concern one of these transactions?

Purchase or sale of real estate; purchase or sale of a company through a NOE; contributions to or distributions by a NOE

NoOutside AMLAYesnext question ↓
Is your involvement causal?

General informationOutside AMLARecommendation to the clientGrey zoneImplementation, deedsAMLA

Real estate: subject as soon as the parties have declared their intention to conclude the sale (art. 12e AMLO). Cash dealer regime, no threshold (art. 8a para. 4 AMLA). In our reading, the sale of a minority stake in a real estate company is not covered.

Board mandates and administration

Director, manager, company secretariat

Officer (director, manager) of which entity?

Swiss operating entity, public-benefit foundation, operating associationOutside AMLA art. 2 para. 4ter let. f

Operating entity abroadOutside AMLA in principle: not a NOE

Domiciliary company or other NOEAlready FI existing regime (art. 2b para. 1 AMLA), not the advisor regime
Administration of a NOE without being an officer (day-to-day management, corporate secretariat)?

YesAMLA art. 2 para. 3bis let. cBookkeeping onlyGrey zone

A board mandate falls outside the advisor regime, but may come under the AMLA on other grounds. A director who also advises on a contribution, distribution or sale for a NOE becomes an advisor again for that part.

Every branch ending in AMLA then goes through these two filters.

Does an exception apply to the matter?

Art. 2 paras. 4bis and 4ter AMLA; art. 2 para. 3 let. a AMLO for intra-group. Main exceptions:
- Transfer of real estate or an entity below CHF 5 million, price paid and received exclusively through banks or regulated FIs. A cash payment defeats the exception.
- Purchase of residential property in Switzerland for own use or as a replacement
- Family law, matrimonial property or inheritance transactions, gifts, transactions between related persons
- Foundation created by disposition upon death
- Officer of an operating entity, public-benefit foundation or operating association seated in Switzerland
- Intra-group services; audit work; notarisation without ancillary advice; agricultural transfers and land consolidation
If no: next step
If yesOutside AMLA for this matter
Document the exception applied in the file.
Is the activity carried out on a professional basis?

Art. 12f AMLO, one criterion is enough
- Gross revenue above CHF 50,000 per calendar year
- More than 20 clients or more than 20 transactions per calendar year
- Third-party assets above CHF 5 million at any one time
- Transactions above CHF 2 million per calendar year
- Or, failing that, activity aimed at lasting income
If yes: result below
If noNot yet subject
Monitor the thresholds continuously. Once crossed (art. 12g AMLO): due diligence at once, two months to file the application to join or to declare the activity.

Advisor under the AMLA

Fiduciary already a member as FI: notify the advisor activity to its SRO before 1 December 2026 (AMLO transitional provision, para. 2), after checking that it registers advisors.
Otherwise: application to join an SRO within the same deadline (para. 1).
From 1 October 2026: identification of the client and beneficial owner, purpose of the transaction, documentation (arts. 8b and 8c AMLA), internal organisation (art. 8d AMLA).
Record the matter in the register of AMLA matters and assess its risk.

The duty lies with the client company

Filing with the register is the company's own duty, through the most senior member of its management body (art. 12 TJPG). That person may delegate the task but remains responsible. Neither the law firm nor the fiduciary has a filing duty of its own.

Major exception: if you are that member (chair of the executive management or, failing that, of the board of directors), the duty is yours (art. 20 para. 3 TJPV).

But clients should be advised

No law requires you to inform clients. It is nonetheless prudent:

many companies take 1 October 2026 as the deadline, when it is the start of the deadlines;
an inaccurate entry may be flagged by the bank, required from 1 April 2027 to report persisting discrepancies (FI);
identifying the BO, preparing the documents and filing on EasyGov are a service to offer.

For each client company: must it file, and by when?

Client company

Is its legal form covered?

Art. 2 TJPG
- AG/SA, GmbH/Sàrl, cooperative, partnership limited by shares, SICAV, SICAF, limited partnership for collective investment
- Foreign legal entity with a branch entered in the CR, its effective management in Switzerland, or real estate in Switzerland
If yes: next step
If noNo filing
Sole proprietorship, simple partnership, general or limited partnership, association, foundation.
Is it exempt?

Art. 3 TJPG
- Company whose equity securities are listed, in whole or in part
- Subsidiary held more than 75%, directly or indirectly, by one or more listed companies
- Occupational pension institution; legal entity held at least 75% by public authorities
If no: next step
If yesNo filing
Was it entered in the CR on or after 1 October 2026?

Art. 9 para. 4 TJPG

If no: next step

If yes1 month from registration
Does a change to its CR entry occur before the transitional deadline?

Art. 51 para. 1 TJPG. Change of director, registered office, capital, company name, etc.

If no: next step

If yes1 month from the first change
This deadline overrides the longer transitional period. Check before every CR filing.
Are all its BOs already in the CR as partners or officers?

Art. 51 para. 2 TJPG

If no: result below

If yes2 years 1 October 2028
Filing can also be made through the CR office, together with an entry planned anyway (art. 11 TJPG).

Deadline of 3 to 6 months from 1 October 2026

Art. 51 para. 3 TJPG: AG/SA subject to ordinary audit, 3 months (1 January 2027); other company subject to ordinary audit, 4 months (1 February 2027); AG/SA without ordinary audit, 5 months (1 March 2027); other companies and legal entities, 6 months (1 April 2027).
Foreign legal entities: 6 months (art. 53 TJPG). Dates calculated by us, to be checked for each company.

Key facts

Who is a BO

The natural person who ultimately controls the company by holding, directly or indirectly, at least 25% of the capital or votes, or in another way; failing that, the most senior member of the management body (art. 4 TJPG). Definition distinct from that of the AMLA.

Duties of BOs

Report their status to the shareholder or partner concerned, or directly to the company where control runs through a chain, and any change within one month (arts. 13 and 14 TJPG).

Filing

Online on EasyGov, free of charge. Any later change must be filed within one month (art. 10 TJPG).

The register

Kept by the Federal Office of Justice. Not public and declaratory (arts. 20 and 23 TJPG). Each company can obtain a confirmation or an extract of its own data.

Penalty

Fine of up to CHF 500,000 for intentional breach of the filing duties (art. 43 TJPG).

Record keeping

Supporting documents kept for ten years after the person ceases to be a BO (art. 8 TJPG). The list kept under the old law by AG/SA and GmbH/Sàrl is kept until 1 October 2036 (art. 50).

For you

Advisors and FIs may consult the register for their due diligence (art. 27 TJPG).

An FI that finds a discrepancy with its own information must report it to the register if it remains after raising it with the client (art. 30 TJPG, from 1 April 2027). Advisors have no such duty.

The register does not release you from identifying the BO yourself (arts. 4 and 8b AMLA); if that check reveals no anomaly, you may rely on the entries (art. 23 para. 2 TJPG).

Real estate Cash

Another change on 1 October 2026: a dealer who receives cash in a real estate transaction is subject to AMLA due diligence, whatever the amount (art. 8a para. 4).

Concepts that tip a matter

With no practice or case law yet, these are where the risk of error lies.

Non-operational

Entity not formed or run to operate or support the operating business of an enterprise or group, in particular a domiciliary company (art. 2a para. 6 AMLA). Abbreviated NOE.

Our reading. Covered: personal holding company, passive holding company for real estate or securities, domiciliary company. Board mandates of such entities, however, fall under the existing FI regime. In principle not covered: a genuine holding company of an operating group. Mixed cases (SME holding that also accumulates cash): in dubio pro AMLA.

Abroad

Formation of any entity abroad is covered, whether operating or not. The NOE test applies only to Swiss entities.

Causality

Any advice that contributes causally to the transaction (art. 12d AMLO). Advice alone is enough: you need not handle the funds.

Our reading: the form is irrelevant (call, email, memo). What counts: an identified client, a concrete transaction, advice the client acts on.

Financial transaction

Movement of assets linked to the transaction: price, capital payment, contribution, distribution, loan. The organisation of funds is included (art. 2 para. 3bis AMLA). Term not defined by the act.

Professional basis

Any one of the four thresholds is enough (art. 12f AMLO): CHF 50,000 of gross revenue, 20 clients or 20 transactions, CHF 5 million of third-party assets, CHF 2 million of transactions. The activity can be professional even below the thresholds.

A single Geneva property sale often crosses the CHF 2 million threshold on its own.

6 months

Duration threshold for domiciliation (art. 2 para. 3ter AMLA). Beyond it, providing an address or premises is covered, whatever the entity.

Abbreviations and key

Is the matter contentious?

Does the matter involve a listed transaction?

Does your advice causally contribute to the transaction?

Is there a financial transaction?

Does an exception apply?

Is the professional basis threshold met?

Advisor under the AMLA

Domiciliation

Formation

Advice and transactions

Board mandates and administration

Does an exception apply to the matter?

Is the activity carried out on a professional basis?

Advisor under the AMLA

The duty lies with the client company

But clients should be advised

Is its legal form covered?

Is it exempt?

Was it entered in the CR on or after 1 October 2026?

Does a change to its CR entry occur before the transitional deadline?

Are all its BOs already in the CR as partners or officers?

Deadline of 3 to 6 months from 1 October 2026

Key facts

Concepts that tip a matter