Swiss Notaries: AML Compliance, Beneficial‑ownership Rules and the Notarial Digitisation Act, What Changed in 2026

Last updated: 16 May 2026

The landscape of notary AML compliance in Switzerland shifted decisively in 2026, driven by two converging pieces of federal legislation: the partial revision of the Anti‑Money‑Laundering Act (AMLA), adopted on 26 September 2025, and the Notarial Digitisation Act, which introduces electronic signatures, remote identity verification and certified digital records into everyday notarial practice. Together with the Federal Act on the Transparency of Legal Entities (LETA), which creates a central beneficial‑ownership register, these reforms reshape client due diligence, recordkeeping and reporting obligations for every practising notary in the country.

This guide provides a practical compliance playbook: legislative timelines, step‑by‑step checklists, sample client wording, a technology readiness audit and answers to the most common questions raised by notaries, law firms and in‑house counsel navigating the transition.

Why 2026 Matters for Swiss Notaries, Introduction and Key AML Changes

Swiss notaries face a rare confluence of regulatory pressure. The revised AMLA broadens the definition of activities subject to anti‑money‑laundering duties, pulling notarial acts that were previously considered peripheral, such as advising on company formations or certifying trust deeds, squarely into the regulated perimeter. At the same time, LETA obliges legal entities to identify and register their beneficial owners in a federal register, a process in which notaries serve as both gatekeepers and advisers. The Notarial Digitisation Act, meanwhile, changes how identity is verified and how notarial instruments are authenticated, stored and transmitted.

The core question for practitioners is straightforward: what must a Swiss notary do now to remain compliant? The timeline below sets the key milestones.

• 26 September 2025: Parliament adopted the partial revision of the AMLA and LETA.
• 15 January 2026: The referendum deadline expired without a challenge, clearing both acts for implementation.
• 2026 (staged): The Federal Council sets the entry‑into‑force dates; key due‑diligence and reporting provisions take effect during 2026, with the beneficial‑ownership register expected to become operational by mid‑to‑late 2026.
• 2026 (parallel): The Notarial Digitisation Act’s implementing ordinances begin to take effect, requiring technical infrastructure upgrades in notary offices.

Every notary office in Switzerland, whether operating under the Latin notarial model in cantons such as Geneva, Vaud and Ticino, or the official‑notary model in cantons like Zürich, must review and update intake forms, KYC procedures, staff training and technology systems before the new obligations are fully enforceable.

What Changed in Swiss AML Law for Notaries

The revised AMLA represents the most significant expansion of Swiss anti‑money‑laundering law in over a decade. For notaries, the practical impact is felt in three areas: the scope of regulated activities, client due diligence (CDD) obligations, and suspicious‑activity reporting duties.

Legislative Summary and Timeline

The partial revision extends AML obligations to advisers who provide certain services in connection with the formation, management or administration of legal entities, a category that now explicitly captures notarial activities. The revision also tightens CDD thresholds, requires enhanced verification for politically exposed persons (PEPs) and high‑risk transactions, and mandates longer recordkeeping periods. LETA, adopted alongside the AMLA revision, creates a federal beneficial‑ownership register for companies, foundations and certain other legal entities. Both acts were adopted on 26 September 2025 and cleared the referendum deadline on 15 January 2026.

Which Notarial Activities Are Now Within Scope

Under the revised law, the following notarial activities fall within the AML perimeter when performed on a professional basis:

• Company formation and certification: Notarising articles of incorporation, certifying share registers, and authenticating shareholder resolutions where the notary also advises on structuring.
• Real‑estate conveyancing: Authenticating purchase agreements, mortgage deeds and other instruments involving immovable property, particularly where the purchaser is a legal entity or a foreign national.
• Trust and fiduciary arrangements: Certifying trust deeds, foundation charters and related instruments where the notary acts as an adviser on the legal structure.
• Escrow and payment handling: Any notarial involvement in the receipt, holding or transfer of client funds in connection with a covered transaction.

Industry observers expect that cantons with Latin‑model notariats, where notaries typically hold broader advisory mandates, will experience the largest operational adjustment.

SAR Obligations and Audit Oversight

The revised AMLA requires notaries to file a suspicious activity report (SAR) with the Money Laundering Reporting Office Switzerland (MROS) whenever they have reasonable grounds to suspect that assets involved in a transaction are connected to money laundering, terrorist financing or a predicate offence. The filing must be made promptly and, critically, the notary must not inform the client that a report has been filed (the “tipping‑off” prohibition).

A key procedural safeguard in the revised law provides that only a lawyer or notary may audit another lawyer or notary for AMLA compliance. This peer‑audit mechanism preserves professional privilege while ensuring robust oversight. Notaries who are members of a self‑regulatory organisation (SRO) will continue to be supervised through that body, but the revised law strengthens the SRO’s audit mandate and reporting chain to federal authorities.

Beneficial‑Ownership Registers in Switzerland, What Notaries Must Do

LETA introduces a federal beneficial‑ownership register that fundamentally changes how companies, foundations and associations disclose their ultimate controllers. Notaries occupy a pivotal role: they are the professionals who authenticate many of the instruments that trigger a registration obligation, and they are frequently the first point of contact for clients seeking guidance on the new requirements.

Timeline and Who Registers

The register is administered at the federal level, although cantons retain responsibility for supervising local compliance by entities domiciled within their territory. All Swiss companies (AG, GmbH), foundations and certain associations must identify and register persons who directly or indirectly hold or control 25 % or more of the capital, voting rights, or who otherwise exercise effective control. The registration obligation extends to the entity itself, but the duty to verify and confirm BO status frequently falls on the notary authenticating corporate instruments. The beneficial‑ownership register is expected to become operational by mid‑to‑late 2026, with transitional periods for existing entities to submit their initial filings.

Practical Document Checklist for BO Verification

When verifying beneficial ownership as part of notary AML compliance in Switzerland, the following evidence types should be collected and retained:

Sample Client Wording and Acknowledgement

Notaries should provide clients with a written notice explaining the BO disclosure obligation. The following template language may be adapted to the specific cantonal and transactional context:

“In accordance with the Federal Act on the Transparency of Legal Entities (LETA) and the revised Anti‑Money‑Laundering Act (AMLA), you are required to disclose the identity of all beneficial owners of [Entity Name] who hold or control 25 % or more of the capital, voting rights, or who otherwise exercise effective control. You are further required to register this information in the federal beneficial‑ownership register. By signing below, you confirm that the information provided is complete, accurate and current, and you undertake to notify this office of any changes within 30 days.”

This acknowledgement should be signed by the client or authorised representative, dated, and retained in the notary’s KYC dossier alongside the supporting evidence listed above.

The Notarial Digitisation Act, Digital Notarisation and Identity Verification

The Notarial Digitisation Act marks a structural shift in how Swiss notarial instruments are created, authenticated and stored. Its provisions address three core areas: electronic signatures and seals for notarial acts, remote identity verification for parties who cannot appear in person, and the creation of certified electronic originals that carry the same legal force as paper instruments.

Remote Notarisation: Permitted Use Cases and Mandatory Safeguards

Under the new framework, remote notarisation is permitted for a defined set of transactions, subject to strict safeguards. The notary must verify the identity of each remote participant using a qualified electronic identification method, such as a state‑issued electronic identity (e‑ID) or a comparable system recognised under Swiss law. The entire session must be conducted via a secure, encrypted audio‑visual link, and the notary must record the session for audit purposes.

Key safeguards mandated by the Act include:

• Real‑time identity match: The participant’s live appearance must be compared to the photo on the identity document during the session.
• Qualified electronic signature: Each participant must apply a qualified electronic signature to the instrument, meeting the requirements of the Federal Act on Electronic Signatures (ZertES).
• Notarial e‑seal: The notary applies an electronic seal that confirms the instrument’s authenticity and integrity.
• Session recording and storage: Recordings must be stored securely for the same retention period as the notarial register entry.

Not all transactions are eligible for remote notarisation. Early indications suggest that certain high‑value real‑estate transactions and instruments requiring physical presence under cantonal law will remain excluded during the initial implementation phase.

Tech Checklist for Notary Offices

Offices should assess their technological readiness against the following minimum requirements:

Client Consent and Record Retention

Before conducting any remote notarisation, the notary must obtain explicit written consent from each participating party. The consent notice should explain that the session will be recorded, that electronic identification will be used, and that the resulting instrument will be stored in electronic form. It should also inform participants of their right to request an in‑person appointment instead.

Record retention requirements under the Notarial Digitisation Act align with existing cantonal register obligations but add specific provisions for electronic originals. Notaries must maintain tamper‑proof copies of all digitally signed instruments, session recordings, identity verification logs and consent forms. The likely practical effect will be that most offices need to upgrade to a dedicated legal‑technology archiving solution, as standard office storage systems may not meet the integrity and audit requirements.

Practical Notary AML Compliance Checklist for Switzerland

The following operational checklist consolidates the key swiss notary obligations arising from the AMLA revision, LETA and the Notarial Digitisation Act. It is designed as a working tool for notary offices to assess their current readiness and prioritise implementation steps.

1. Update client intake forms: Revise onboarding questionnaires to capture BO declarations, PEP screening questions, source‑of‑funds information and consent for electronic processes. Target completion: before the AMLA provisions take effect.
2. Implement BO verification workflow: Establish a standard procedure for collecting, verifying and filing BO evidence for every covered transaction. Use the document checklist above.
3. Register with or confirm SRO membership: Ensure active membership in a recognised self‑regulatory organisation. Confirm that the SRO’s updated rules reflect the revised AMLA requirements.
4. Establish SAR procedures: Designate a responsible person within the office for MROS filings. Create a confidential internal reporting channel and document the escalation steps.
5. Upgrade technology: Audit current systems against the tech checklist above. Procure qualified e‑signature, e‑seal and secure conferencing solutions as required.
6. Update fee schedules and client notices: Inform clients of any changes to notary fees in Switzerland arising from additional compliance steps. Transparent fee disclosure is both a regulatory expectation and a client‑service best practice.
7. Implement recordkeeping protocols: Ensure all KYC dossiers, BO evidence, SAR records and digital notarisation files are stored for the required retention period (minimum 10 years for AML records).
8. Schedule internal audit: Conduct an initial self‑assessment against the new requirements. Plan for an annual independent audit by a qualified lawyer or notary.
9. Draft client notices: Prepare template letters explaining BO registration obligations, digital notarisation consent and data‑processing disclosures.
10. Review professional liability insurance: Confirm that existing coverage extends to the expanded scope of regulated activities and digital notarisation risks.

Staff Training and Audit Readiness

Every notary office should schedule a structured AML training session covering the revised obligations. A recommended agenda includes:

• Session 1 (90 minutes): Overview of the revised AMLA and LETA, scope, key definitions, thresholds, and transitional arrangements.
• Session 2 (60 minutes): Client due diligence notary procedures, hands‑on walkthrough of the updated intake forms, BO verification steps and PEP screening tools.
• Session 3 (60 minutes): SAR obligations, when to file, how to file, confidentiality requirements and tipping‑off rules.
• Session 4 (45 minutes): Notarial Digitisation Act, remote notarisation procedures, e‑signature requirements and consent workflows.

Training should be repeated annually and documented in the office compliance file for audit purposes.

Downloadable Notary Compliance Checklist

A printable PDF version of the notary compliance checklist above is recommended for every office. The checklist should include check boxes for each item, space for the responsible person’s name and signature, and a date‑of‑completion column. Offices should retain completed checklists as evidence of compliance readiness for SRO audits and any supervisory inspections.

When to Consult Counsel or an External AML Auditor

Notaries should seek external advice in the following situations:

• Complex BO structures: Multi‑layered corporate chains, offshore trusts or nominee arrangements where the ultimate beneficial owner is difficult to identify.
• Cross‑border transactions: Instruments involving parties or assets in jurisdictions with elevated money‑laundering risk.
• SAR uncertainty: Where the threshold for filing is ambiguous, a confidential consultation with an AML specialist lawyer can clarify the obligation without triggering a premature report.
• Pre‑audit preparation: Engaging a qualified external auditor, who, under the revised AMLA, must be a lawyer or notary, before the SRO’s scheduled inspection can identify and remedy gaps proactively.

Real‑Estate Notarisation in Switzerland: 2026 AML Workflow

Real‑estate transactions represent the highest‑volume area of notarial practice affected by the swiss AML 2026 reforms. The following step‑by‑step workflow reflects the updated requirements for notarising a purchase agreement under the revised AMLA.

1. Engagement and conflict check: Confirm the identity of all parties at first contact. Run an initial PEP and sanctions screening.
2. KYC and BO verification: Collect certified identity documents, commercial register extracts (for legal‑entity purchasers) and BO declarations. Verify the source of funds for the purchase price.
3. Risk assessment: Apply the office’s risk matrix. Flag high‑risk indicators (PEP involvement, cash components exceeding thresholds, unusual transaction patterns).
4. Draft and review: Prepare the purchase agreement and any ancillary instruments. Include the BO acknowledgement clause.
5. Authentication: Verify identity at the signing appointment (or via remote notarisation where permitted). Apply notarial seal or e‑seal.
6. Post‑closing recordkeeping: File the complete KYC dossier, including BO evidence, identity verification records and any risk‑assessment notes. Retain for a minimum of 10 years.
7. SAR evaluation: If any red flags arose during the process, evaluate whether a filing to MROS is required. Document the evaluation and outcome regardless of whether a report is filed.

Sample Sign‑Off Checklist for Closing

Before closing any real estate notarisation in Switzerland, the responsible notary should confirm each of the following:

• All parties’ identities verified against original or certified documents.
• BO declarations received, verified and filed for all legal‑entity parties.
• PEP and sanctions screening completed and documented.
• Source of funds confirmed and documented.
• Risk assessment recorded in the transaction file.
• Purchase agreement read aloud (or equivalent procedure under cantonal rules) and signed.
• Notarial seal or e‑seal applied.
• Client acknowledgement of BO registration obligations signed.
• Land registry submission prepared with all required attachments.
• KYC dossier complete and transferred to secure archive.

Liability, Sanctions and Professional Responsibility

The revised AMLA strengthens the sanctions framework for non‑compliance. Notaries who fail to conduct adequate client due diligence, neglect BO verification duties or omit a required SAR filing face administrative sanctions from their SRO, which may include fines, conditions on practice or, in severe cases, suspension. Criminal liability under the Swiss Criminal Code (art. 305bis and 305ter) remains applicable where a notary knowingly assists in money laundering or fails to exercise due diligence with criminal negligence.

Professional‑liability exposure also increases. Clients or third parties who suffer loss as a result of a notary’s failure to comply with AML obligations may pursue civil claims. The expanded scope of regulated activities means that errors or omissions in BO verification or digital‑notarisation procedures could ground liability that did not previously exist.

The revised law provides a degree of safe harbour: notaries who act in good faith, follow documented procedures and file SARs in a timely manner are protected from liability for the consequences of a good‑faith report. Maintaining a comprehensive compliance file, including completed checklists, training records and audit reports, is the most effective defence against both regulatory action and civil claims. The requirement that only a lawyer or notary may audit a peer’s AMLA compliance (art. 18a of the revised AMLA) adds a layer of professional accountability while safeguarding privilege.

Conclusion and Next Steps for Notary AML Compliance in Switzerland

The 2026 reforms to notary AML compliance in Switzerland are not incremental adjustments, they represent a structural redesign of the notary’s gatekeeping role in the Swiss financial system. Practitioners who act now will avoid last‑minute disruption and position their offices as trusted advisers in a more demanding regulatory environment.

Concrete next steps include: setting an internal review date no later than 30 days from now to assess readiness against the compliance checklist above; scheduling staff AML training within 60 days; upgrading technology for digital notarisation; and updating all client intake forms and notices to reflect BO registration and consent requirements. For complex matters or pre‑audit preparation, engaging a qualified notary or lawyer through the Global Law Experts directory is strongly recommended.

Disclaimer: This article is general information and does not constitute legal advice. Readers should consult a qualified Swiss notary or lawyer for advice on their specific circumstances. All dates and legislative references are current as of 16 May 2026.

Sources

1. Fedlex, Federal laws and amendments (AMLA texts)
2. Federal Council / admin.ch, press releases and Federal Council decisions
3. Federal Department of Finance (FDF)
4. Notarial Digitisation Act, digital.swiss
5. FINMA, Swiss Financial Market Supervisory Authority
6. Money Laundering Reporting Office Switzerland (MROS), fedpol
7. Institut für Notariatsrecht und Notarielle Praxis (Unibe)