New AML obligations for advisers

Which activities are covered?

Natural persons and legal entities are considered advisers if, on a professional basis, they assist third parties with financial transactions, including fundraising, and their advice causally contributes to one of the legal transactions specified by law. These include:

• the purchase and sale of real estate;
• the formation or establishment of non-operating legal entities domiciled in Switzerland or legal entities domiciled abroad;
• the management and administration of non-operating legal entities;
• contributions to and distributions from non-operating legal entities;
• the purchase and sale of legal entities where the purchase or sale is carried out by a non-operating legal entity.

The professional provision of addresses or premises as a domicile or registered office for legal entities for more than six months is also covered.

When is advice considered professional?

The general test is whether the activity is an independent economic activity aimed at generating lasting income. It is professional in any event if at least one of the following thresholds is reached:

• more than CHF 50,000 in gross annual revenue from these advisory activities;
• more than 20 clients or more than 20 relevant legal transactions per calendar year;
• third-party assets concerned exceed CHF 5 million;
• financial transactions concerned total more than CHF 2 million per calendar year.

What obligations arise?

Professional advisers must comply in particular with the applicable due-diligence, clarification, documentation and organisational obligations and submit to the prescribed supervision. Anyone already carrying out a covered activity on 1 October 2026 must apply for membership of a recognised self-regulatory organisation by 1 December 2026. Until the application is decided, the activity may be continued only within existing client relationships.

Exceptions and individual assessment

The Act contains exceptions, including for certain family-law, inheritance and gift transactions, some transactions below CHF 5 million, owner-occupied residential property and particular audit, court and notarisation activities. Whether a specific service is covered therefore depends on the activity, legal transaction, professional nature and any applicable exception.

Sources: the amendment to the Anti-Money Laundering Act and the implementing and transitional provisions on Fedlex.

This article provides general information and does not replace legal or professional advice on an individual case.