Whether the Swiss Anti-Money Laundering Act applies cannot be determined from sector, job title or company size alone. The relevant questions are what the business actually does, what role it assumes in the transaction, whether the activity is professional and whether an exemption applies.
A reliable assessment sequence
A defensible review follows a fixed sequence. Describe the process, identify the relevant statutory category, test professional scale and exemptions, and record the conclusion. Starting with turnover alone can produce a false answer if the underlying service is not identified.
- Describe the service and the business role.
- Determine whether the business acts for a third party or participates in its transaction.
- Identify a possible financial intermediary or advisory category.
- Assess professional thresholds.
- Document exemptions and special professional rules.
- Record the conclusion, date, responsible person and review trigger.
Substance over labels
Terms such as consulting, administration or coordination are too broad. The file should explain who signs, controls payments, supplies officers, prepares transaction documents and makes decisions.
Classical financial intermediary activities
The AMLA already applies to persons who professionally accept or hold third-party assets or assist in investing or transferring them. Typical examples include payment services, certain credit and trading activities and asset management.
- Receive and forward payments for clients.
- Manage accounts, wallets or comparable asset positions for third parties.
- Hold or administer securities or financial instruments.
- Actively participate in transferring, investing or converting third-party assets.
Purely technical support is not necessarily financial intermediation. The degree of control over assets and the ability to execute the financial step are particularly important.
New advisory categories from 1 October 2026
The revision adds certain professional services connected with higher-risk transactions. The main areas are real estate and non-operating legal entities. Participation can go beyond advice where a service provider drafts documents, coordinates payments, implements a structure or accepts a formal role.
| Area | Key assessment question |
|---|---|
| Real estate | Does the business participate in an in-scope transaction or financial implementation? |
| Formation and structuring | Is a non-operating entity created or structured for a client? |
| Management and administration | Are officer, management or decision-making functions assumed? |
| Contributions and distributions | Are asset movements prepared or carried out? |
| Domiciliation | Is an address or premises provided over a relevant period? |
Fiduciary example
A fiduciary provides a registered office, administration and distribution coordination for a shell company. This package differs from bookkeeping for an operating small business.
When is an activity professional?
For the new advisory categories, professional activity is a core boundary. At least one of the following criteria may be relevant.
| Criterion | Threshold |
|---|---|
| Gross revenue | More than CHF 50,000 per year |
| Clients or legal transactions | More than 20 per year |
| Third-party assets | More than CHF 5 million at any time |
| Transaction volume | More than CHF 2 million per year |
The figures should be calculated for the potentially relevant service rather than simply taken from total company turnover. Services, engagements and transactions should therefore be recorded separately.
Exemptions and special situations
The legislation contains exemptions and special rules, including for certain activities in judicial or administrative proceedings, internal group functions and specifically regulated notarial work. The precise facts and legal basis matter.
An exemption should not be asserted merely by referring to professional secrecy. The engagement, role, process steps and applicable legal provision should be documented.
Law firm example
Representation in contentious proceedings without handling assets may be assessed differently from actively structuring and implementing the acquisition of a non-operating company.
What follows if the AMLA applies
The business must implement organisational and client-related duties before performing the covered activity. Joining an appropriate SRO will generally need to be clarified.
- Appoint an AML responsible person and deputy.
- Issue internal policies and escalation procedures.
- Identify contracting parties and beneficial owners.
- Assess risk and perform enhanced checks where required.
- Screen sanctions and other relevant lists.
- Maintain current and audit-ready files.
The assessment should be repeated when services, transaction patterns or customer structures change and as part of a periodic internal review.
Documenting the assessment
- Describe the service and target clients in plain language.
- Create a process map showing parties, contracts and payment flows.
- List possible applicability grounds and reasons for or against each.
- Support threshold calculations with traceable figures.
- Document exemptions with facts and legal basis.
- Record the decision, date, reviewer and next review.
A well-supported negative assessment is valuable because it shows that the issue was considered and provides a baseline for future reassessment.
Frequently asked questions
Can a single transaction be relevant even if the business is not generally subject?
Yes. A particular transaction or service can require closer analysis. The transaction check provides an initial indication.
Must all thresholds be met?
No. Under the assessment criteria, one threshold may be sufficient to indicate professional activity.
Is an unpaid service automatically exempt?
Not necessarily. Revenue is one criterion, but case numbers, assets and transaction volume may also matter.
How often should the assessment be updated?
Whenever services or processes change and periodically as an internal control, commonly at least annually.