What Swiss Notaries and Clients Must Do About the 2026 AML & Transparency Reforms

Switzerland’s revised Anti-Money Laundering Act (AMLA) and the new Federal Act on the Transparency of Legal Entities together represent the most significant expansion of swiss notary AML obligations 2026 in over a decade. The Federal Council confirmed the reform package in 2025, introducing a central transparency register for beneficial ownership, extending due-diligence duties to advisers, including notaries, and tightening reporting requirements across company formation, share transfers and real-estate transactions. For practitioners who authenticate public deeds daily, the changes demand immediate workflow adjustments: new KYC documentation at onboarding, mandatory verification against the register before notarisation, and strict discrepancy-reporting timelines. This guide maps every obligation to the notarial acts it touches and provides checklists, sample wording and procedural scripts ready for adoption.

Five Immediate Actions for Notaries and Their Clients

1. Audit your current AML program against the expanded scope of the revised AMLA to identify gaps in client due diligence and internal reporting procedures.
2. Update all KYC forms to capture beneficial ownership declarations in the format required by the central transparency register.
3. Train staff on enhanced due-diligence triggers, including politically exposed persons (PEPs), complex corporate structures and high-value property transactions.
4. Establish register-verification protocols so that every notarisation involving a legal entity includes a transparency register check.
5. Review client files retrospectively, existing corporate clients will need to register beneficial owners within the transitional period, and notaries should proactively advise on deadlines.

Overview: What Changed, Central Transparency Register, AMLA Revision and Timeline

Two legislative instruments drive the 2026 reforms. The Federal Act on the Transparency of Legal Entities creates a central beneficial ownership register administered by the Federal Department of Justice and Police (FDJP). Simultaneously, the revised AMLA extends anti-money-laundering obligations to advisory activities, a category that explicitly includes notarial services when notaries assist with company formation, real-estate transactions or trust structures. The Federal Council adopted the reform package following parliamentary approval in 2025, with implementing ordinances setting out the operational detail for the central transparency register 2026.

Legislative Background

The reforms respond to Switzerland’s mutual evaluation by the Financial Action Task Force (FATF) and align Swiss law with international standards on corporate transparency. The Transparency Act requires Swiss legal entities, including AGs, GmbHs, foundations, associations with commercial activities and certain trusts, to identify and register their beneficial owners in the central register. The revised AMLA, in parallel, redefines the concept of “financial intermediary” to cover advisers who perform certain qualifying activities, bringing notaries squarely within scope when they carry out notarisations related to the formation, management or dissolution of legal entities and when they handle property conveyances.

Key Dates and Transitional Rules

Industry observers expect the Federal Council to publish the precise entry-into-force date via an ordinance in the coming months. Practitioners should monitor the Federal Gazette and admin.ch for confirmation of exact transitional deadlines.

Swiss Notary AML Obligations 2026, KYC, Enhanced Due Diligence, Verification and Reporting

The revised AMLA transforms notary due diligence in Switzerland from a largely voluntary best-practice exercise into a statutory obligation with defined procedures, thresholds and reporting chains. Notaries performing qualifying activities must now implement a full AML compliance programme comparable to that of regulated financial intermediaries.

Standard Client Onboarding for Individuals

For every natural person appearing before the notary, the following steps become mandatory under the notary compliance AML 2026 framework:

• Identity verification. Collect an original, valid government-issued photo ID (passport or identity card). Record full name, date of birth, nationality and residential address.
• Purpose and nature of the transaction. Document the economic rationale for the notarial act in the case file.
• Source of funds declaration. For transactions above the risk-based threshold (or any property transaction), obtain a written declaration of the origin of funds.
• PEP screening. Check the client against publicly available PEP lists and sanctions databases before proceeding.
• Record retention. Retain all onboarding documentation for a minimum of ten years after the conclusion of the business relationship or the execution of the transaction.

Onboarding for Legal Entities and Trusts

When the client is a legal entity, the notary must go further. Under the beneficial ownership register Switzerland framework, the notary must:

• Obtain a current extract from the commercial register confirming the entity’s legal existence, registered office and authorised signatories.
• Request a signed beneficial ownership declaration identifying every natural person who ultimately controls 25 per cent or more of the entity’s capital or voting rights, or who otherwise exercises effective control.
• Verify the declared beneficial owners against the central transparency register (once operational) and document the result.
• For trusts, identify the settlor, trustees, protectors and classes of beneficiaries, and apply enhanced due diligence to opaque or discretionary structures.
• If the entity is foreign-domiciled, apply equivalent verification using the entity’s home-jurisdiction register, apostilled documents or a reliance letter from local counsel.

Enhanced Due Diligence Triggers

The revised AMLA specifies circumstances that require the notary to escalate to enhanced due diligence (EDD). These include:

• The client or beneficial owner is a PEP, a family member of a PEP, or a close associate of a PEP.
• The transaction involves a high-risk jurisdiction identified by FATF or by Swiss authorities.
• The corporate structure is unusually complex or involves nominee shareholders, bearer instruments or layered holding entities.
• The transaction value is disproportionate to the client’s known financial profile.
• There are discrepancies between the beneficial ownership declaration and the information recorded in the central transparency register.

In each EDD case, the notary must obtain additional documentation (e.g., audited financial statements, bank references, source-of-wealth evidence) and record the enhanced assessment in the case file.

Sample KYC Checklist and Script

Sample wording, adapt and verify before use in practice.

Client interview script (opening): “Under the revised Swiss Anti-Money Laundering Act, I am required to verify your identity and the identity of any beneficial owners before proceeding with this notarisation. I will need to see original identification documents for all parties, a completed beneficial ownership declaration, and, where applicable, documentation on the source of funds for this transaction.”

KYC form excerpt, beneficial ownership declaration:

• Full legal name of beneficial owner(s):
• Date of birth and nationality:
• Residential address:
• Nature of control (shareholding percentage / voting rights / other mechanism):
• Supporting documentation attached (Y/N):
• Declaration signed by authorised representative of the legal entity, dated.

When to File an Internal or External Report (and to Whom)

If the notary identifies grounds for suspicion, including discrepancies with the central register that the client cannot satisfactorily explain, the notary must:

1. Document the suspicion internally in the AML case file with a detailed written assessment.
2. Report to the Money Laundering Reporting Office Switzerland (MROS) without delay if there is a reasonable suspicion that the assets involved are connected to money laundering, terrorist financing or a predicate offence.
3. Refrain from tipping off the client about the report.
4. Freeze the notarisation, do not complete the public deed until MROS provides clearance or the suspicion is resolved.

The likely practical effect of the new reporting chain will be that notaries establish a formal internal compliance function or appoint an AML compliance officer, even in smaller practices, to manage escalations and maintain the MROS reporting relationship.

Company Formation and Notarisation, Incorporation, Statutory Changes and Filing Interactions

Company formation notarisation in Switzerland has always required the notary to authenticate the articles of incorporation and verify the identity of founders. The 2026 reforms add a beneficial-ownership verification layer that interacts with both the commercial register and the new central transparency register.

Standard GmbH / AG Formation Workflow (2026)

1. Pre-notarisation KYC. Collect identity documents and signed beneficial ownership declarations from all founders and persons with significant control.
2. Draft or review articles of incorporation. Ensure articles contain the required beneficial ownership disclosure clause (see sample below).
3. Verify against the transparency register. If any founding shareholder is itself a legal entity, query the central transparency register for its beneficial owners and cross-check against declarations received.
4. Authenticate the public deed. Execute the notarisation of the articles of incorporation, recording in the notarial protocol the BO verification steps taken and the result.
5. File with the commercial register. Submit the authenticated articles to the cantonal commercial register. The company must separately register its beneficial owners with the central transparency register.
6. Advise the client. Confirm the company’s obligation to file with the transparency register and document this advice in the case file.

Sample clause for articles of incorporation (beneficial ownership disclosure):

Sample wording, adapt and verify before use in practice.

“The shareholders undertake to disclose to the company, and the company undertakes to register with the Federal Central Transparency Register, the identity of all natural persons who are the beneficial owners of the shares, in accordance with the Federal Act on the Transparency of Legal Entities and its implementing ordinances. Any change in beneficial ownership must be notified within 30 days.”

Amendments and Share Transfers

When a notary authenticates amendments to articles of association or notarises share transfer agreements, the same verification steps apply. The notary must confirm that the outgoing and incoming shareholders’ beneficial ownership information is current in the transparency register. Where discrepancies are identified, the notary must advise the client to correct the register entry and document the advice given.

Reporting Obligations by Entity Type

Property Transactions and Mortgages, Notarial Acts, Land Register and AML Checks

Real-estate conveyances represent one of the highest-risk categories for money laundering, and the 2026 notarisation requirements ensure that notaries serve as a critical gatekeeper. The revised framework applies to all property transfers that require notarial authentication, which, under cantonal law, includes virtually every sale, gift or exchange of immovable property in Switzerland.

Typical Property Transaction Checklist

• Seller verification. Confirm seller identity with original ID. If the seller is a legal entity, query the central transparency register for its beneficial owners and obtain a signed BO declaration.
• Buyer verification. Identical identity and BO checks as for the seller. If the buyer is a foreign national, confirm compliance with the Federal Act on the Acquisition of Immovable Property by Persons Abroad (Lex Koller) where applicable.
• Source of funds. For high-value transactions or where EDD is triggered, obtain documentary evidence of the buyer’s source of funds (bank confirmation, loan commitment letter, audited accounts).
• Land register extract. Obtain a current extract to verify ownership, encumbrances and any existing annotations.
• PEP and sanctions screening. Screen both parties against applicable databases before authentication.
• Notarial certificate. Include in the public deed a confirmation that AML verification has been performed (see sample wording in the Practical Tools section below).
• Record retention. Retain all KYC documentation, BO declarations and correspondence for at least ten years.

Mortgage and Lender Interactions

Where the transaction involves mortgage financing, the notary should coordinate with the lending institution to confirm that the bank’s own KYC has been completed and that the beneficial owner of the borrowing entity is consistent with the information provided to the notary. Early indications suggest that lenders will increasingly request a notarial confirmation of BO verification as part of their own compliance files, creating a two-way information flow that practitioners should anticipate and plan for. Cantonal variations in notarial tariffs, procedural requirements for land register submissions and the format of public deeds mean that practitioners must also verify the specific rules of the canton in which the property is situated.

Cross-Border Issues and Foreign Clients, Identification, Reporting and Representatives

Foreign clients present additional layers of complexity under the 2026 reforms. The revised AMLA does not exempt non-resident clients from beneficial ownership verification, if anything, it heightens scrutiny where structures span multiple jurisdictions.

Foreign Client KYC Matrix

• Identification documents. Accept only valid, government-issued photo IDs. For jurisdictions where identity documents differ substantially from European standards, require apostilled or consularly legalised copies and certified translations into German, French or Italian.
• Powers of attorney. If the foreign client is represented by a local attorney, the notary must still verify the identity of the underlying beneficial owner, reliance on counsel does not discharge the notary’s own due-diligence obligation.
• Foreign entity verification. Where the client is a foreign legal entity, obtain an equivalent of a commercial register extract from the home jurisdiction, together with a beneficial ownership declaration. Consider reliance letters from reputable local counsel, but document the basis for any reliance and assess the reliability of the foreign jurisdiction’s AML framework.
• Reporting. Suspicious activity reports concerning foreign clients are filed with MROS in the same manner as for domestic clients. The notary must not defer to foreign counsel for reporting decisions.
• Diplomatic and privilege issues. If a foreign diplomatic official invokes immunity, the notary should seek guidance from the cantonal supervisory authority before proceeding with the notarisation.

Practical Tools, Notary Checklist Switzerland, Sample Forms and Procedural Scripts

The following tools are designed for immediate adoption into notarial workflows. All sample wording should be adapted to cantonal requirements and verified with qualified legal counsel before use.

Notary Due-Diligence Checklist (Summary Table)

Sample Notarial Certificate Wording for BO Verification

Sample wording, adapt and verify before use in practice.

“The undersigned notary confirms that, in accordance with the revised Federal Anti-Money Laundering Act and the Federal Act on the Transparency of Legal Entities, the identity of the parties and the beneficial owners of the legal entities involved in this transaction has been verified. A query of the Federal Central Transparency Register was conducted on [DATE], and the results were consistent with [OR: inconsistent with, in which case the discrepancy was addressed as follows: ___] the beneficial ownership declarations provided by the parties. This verification is documented in the notary’s case file under reference [REF].”

30-Day Discrepancy Reporting Flowchart

1. Discrepancy identified, BO declaration does not match transparency register data.
2. Notify client immediately, inform the legal entity’s representative of the discrepancy in writing.
3. Client has 30 days to correct the register entry or provide a satisfactory explanation supported by documentation.
4. If corrected within 30 days, notary documents the correction, retains evidence and proceeds with the notarisation.
5. If not corrected or explanation unsatisfactory, notary escalates internally. If suspicion of money laundering arises, file a report with MROS. Consider declining to proceed with the notarisation.

Client Interview Quick Script

Sample wording, adapt and verify before use in practice.

“Before we proceed, I am legally required under the 2026 amendments to the Swiss Anti-Money Laundering Act to ask you several questions and collect documentation. This applies to all notarial acts involving company formation, amendments and property transactions. I will need: (1) your valid passport or identity card, (2) a completed beneficial ownership declaration for any legal entity involved, and (3) documentation showing the source of funds for this transaction if applicable. May I begin by confirming your full legal name and date of birth?”

Penalties, Liability and Remedial Steps if Errors Are Found

Non-compliance with the revised AMLA and the Transparency Act carries both administrative and criminal consequences. The penalty framework is designed to ensure that obligations are taken seriously at every level of the reporting chain.

• Administrative fines. Failure to register beneficial owners or to correct inaccurate register entries can result in fines imposed on the legal entity and its responsible officers.
• Criminal liability. Intentional provision of false information to the transparency register, or wilful failure to report, can give rise to criminal proceedings under the Transparency Act’s penal provisions.
• Notary exposure. A notary who fails to perform the required due diligence or who proceeds with a notarisation despite unresolved discrepancies may face disciplinary proceedings from the cantonal supervisory authority, civil liability for damages, and, in serious cases, criminal prosecution for assisting money laundering.
• Remedial steps. If an error is discovered after notarisation, the notary should immediately notify the client, recommend a corrective filing with the transparency register, document the remedial action taken, and consider whether a retrospective MROS report is warranted.
• Insurance. Practitioners should review their professional indemnity insurance to confirm that coverage extends to claims arising from AML compliance failures under the revised framework.

Immediate 7-Point Action Plan for Notaries and Clients

Swiss notary AML obligations 2026 demand a structured implementation response. The following action plan provides a clear starting framework:

1. Conduct a gap analysis of your current AML programme against the revised AMLA and Transparency Act requirements.
2. Update all client onboarding forms to include beneficial ownership declarations, source-of-funds fields and transparency register verification steps.
3. Appoint or designate an AML compliance officer responsible for internal escalations, MROS reporting and staff training.
4. Implement register-query procedures so every qualifying notarisation includes a documented transparency register check.
5. Audit existing client files and notify corporate clients of their obligation to register beneficial owners within the transitional period.
6. Arrange practitioner training on EDD triggers, PEP screening, MROS reporting procedures and the new discrepancy-reporting timeline.
7. Consult qualified legal counsel to review your updated procedures, sample wording and internal policies before the entry-into-force date. Browse the Global Law Experts lawyer directory to find a specialist in Swiss AML compliance and notary services.

Sources

1. Federal Council, Official announcement on AML / Transparency Register
2. Bär & Karrer, Briefing on AMLA Revision
3. Lenz & Staehelin, Amendments to the Swiss Anti-Money Laundering Act
4. Haerting, Transparency Law and Stricter AML Rules for Advisors
5. SIGTAX, Beneficial Ownership / Reporting Obligations
6. Stach Rechtsanwälte, Implications for Real Estate Brokers
7. RSM Global, Transparency Register Consequences for Companies
8. MLL News, Advisors in Focus: Revision of the Swiss Anti-Money Laundering Act
9. ICLG, AML Laws and Regulations: Switzerland
10. AML Watcher, AML/CFT Compliance Guidance: Switzerland