Why anti-money laundering concerns every fiduciary firm
A Swiss fiduciary firm does more than keep the books: it often incorporates companies, administers assets, manages representation mandates and coordinates financial transactions on behalf of clients. These activities fall within the definition of financial intermediation under the Federal Act on Combating Money Laundering (AMLA) and impose concrete due diligence, monitoring and reporting obligations.
Anti-money laundering regulation is not a marginal bureaucratic requirement: it is a pillar of the fiduciary's professional responsibility. Insufficient client identification, failure to report to the Money Laundering Reporting Office Switzerland (MROS) or an incomplete archive can lead to administrative sanctions, withdrawal of affiliation with a Self-Regulatory Organisation (SRO) and, in serious cases, criminal liability.
In this guide we examine the Swiss regulatory framework applicable to fiduciary firms, the operational steps of client due diligence, situations that require an MROS report and how to structure defensible documentation — including with the support of digital tools such as Accountex for practice traceability.
Legal framework: who is subject and what the AMLA requires
In Switzerland, anti-money laundering obligations for fiduciaries derive primarily from the AMLA and the Anti-Money Laundering Ordinance (AMLO). The law defines which activities qualify a professional as a financial intermediary and what duties follow:
Fiduciary financial intermediation
Under Art. 2 para. 3 AMLA, financial intermediaries include persons who, on a professional basis, accept or hold third-party assets or assist in investing or transferring them — as is often the case for fiduciaries who manage assets, execute transfers or administer liquidity on behalf of clients. From 1 October 2026, activities such as the formation, management or administration of non-operating legal entities will instead fall under the category of advisers (Art. 2 para. 3bis AMLA), who are likewise subject to due diligence obligations. Mere ordinary bookkeeping, without subject activities, may fall outside the scope — but many firms quickly exceed this threshold.
Affiliation with an SRO and supervision
Financial intermediaries not directly supervised by FINMA must affiliate with a recognised Self-Regulatory Organisation (e.g. OAD-FIDUCIARI|SUISSE, AOOS, VQF, PolyReg). The SRO verifies compliance with the AMLA, conducts audits and may apply disciplinary measures. The firm must appoint an anti-money laundering officer and keep internal procedures up to date.
Risk-based approach
The AMLA requires a risk-proportionate approach: not all clients require the same depth of verification. The firm must classify business relationships (low, medium, high risk) and adapt due diligence measures accordingly — including enhanced checks for high-risk clients or clients from high-risk countries.
Prohibition on informing the client (Art. 10a AMLA)
After an MROS report, it is prohibited to inform the client or third parties that a communication has been submitted. This tipping-off prohibition protects investigations and must be strictly observed, including internally: only persons who need to know about the matter should be involved.
Client due diligence: operational steps
Due diligence is not a form to be completed once at the start of a mandate. It is an ongoing process that begins before the business relationship is established and continues with periodic monitoring:
Identification of the contracting party
Verify the identity of the individual client (valid identity document) or legal entity (commercial register extract, articles of association). For foreign legal entities, obtain equivalent authenticated documents. Retain certified copies or verifiable electronic documentation.
Identification of the beneficial owner
Determine who directly or indirectly holds at least 25% of the capital or voting rights, alone or in concert with third parties, or who otherwise exercises control. For trusts and complex structures, trace back to the natural persons who are beneficial owners. Document the chain of control with an organisational chart.
Verification of the purpose and nature of the relationship
Understand the client's business activity, the origin of funds and the purpose of the fiduciary mandate. For a fiduciary incorporating a holding company, ask: what is the underlying operating activity? Where do the contributions come from? Is the mandate consistent with the client's profile?
Risk profile and classification
Assign a risk level based on objective criteria: country of domicile, sector (e.g. precious metals trading, gaming), PEPs (politically exposed persons), structural complexity, payment channels. Update the profile when significant changes occur.
Simplified, standard or enhanced due diligence
Low-risk clients (e.g. Swiss SMEs with transparent activity): essential checks. Standard risk: full identification and documented clarifications. High risk: enhanced checks, management approval, intensified monitoring and review at least annually.
Ongoing monitoring of the relationship
Compare actual transactions with what was declared at onboarding. Report unusual transactions, cash flow inconsistencies or unjustified requests for structural changes internally. Due diligence does not end with the signing of the mandate agreement.
Red flags: when to investigate further or report
The fiduciary firm is often the first to observe suspicious patterns, because it has visibility over accounts, invoices and asset movements. The following indicators require at least documented clarifications and, if not plausibly explained, an MROS report:
Mismatch between activity and financial flows: a company with modest turnover receives large wire transfers from high-risk countries, without plausible commercial documentation.
Opaque structures or frequent changes: repeated changes of directors, shareholders or registered offices without economic rationale, use of nominees or multiple layers of intermediary companies.
Reluctance to provide information: the client avoids questions about the origin of funds, provides inconsistent documents or presses for urgent transactions without explanation.
Fragmented or circular transactions: repeated payments just below relevant thresholds, circular transfers between linked accounts, rapid liquidation of shareholdings with reinjection of proceeds.
Undeclared PEP clients: politically exposed persons or their close family members who were not identified or classified correctly at onboarding.
MROS reports: procedure and best practices
MROS (Money Laundering Reporting Office) centralises suspicious activity reports. The duty to report arises when the financial intermediary knows or has reasonable suspicion that assets are linked to an offence under Arts. 260ter or 305bis SCC, derive from a crime or a qualified tax offence under Art. 305bis para. 1bis SCC, are subject to the control of a criminal organisation or serve to finance terrorism (Art. 260quinquies SCC).
When to report
Reporting is mandatory as soon as reasonable suspicion exists — certainty is not required. In case of persistent doubt after clarifications, regulatory prudence suggests reporting. A late or omitted report exposes the firm to sanctions.
- Suspicion of money laundering or terrorist financing
- Qualified tax offence (Art. 305bis para. 1bis SCC)
- Impossibility of identifying the beneficial owner despite requests
Internal procedure
Define a clear workflow: the employee reports to the anti-money laundering officer, who assesses and decides on MROS submission. Document the internal assessment (without informing the client). Reporting is done via the MROS goAML portal. Retain a copy of the report and supporting documentation.
Blocking of assets and prohibition on terminating the relationship (Art. 10 AMLA and Art. 12a AMLO)
If the conditions for a report exist, the firm may not unilaterally terminate the business relationship (Art. 12a AMLO). Assets subject to the report must be blocked without delay in cases under Art. 9 para. 1 let. c AMLA; in other cases, blocking under Art. 10 para. 1 AMLA takes effect when MROS notifies that information has been forwarded to a criminal prosecution authority. Blocking continues until a decision by the competent authority, for a maximum of five business days.
Compliant documentation: what to archive and for how long
The AMLA requires documentation of compliance with due diligence obligations and retention of documents for at least ten years from the end of the business relationship or completion of the transaction (Art. 7 para. 3 AMLA). A well-structured AML archive is the first line of defence in an SRO audit:
Client AML file
- • Identification form and signature
- • Copy of identity documents / commercial register
- • Beneficial owner declaration
- • Risk profile and justification
- • Clarifications on source of funds
Monitoring and reviews
- • Unusual transaction log
- • Periodic review minutes
- • Risk profile updates
- • Correspondence with the client
- • Decisions on internal reports
Internal governance
- • Updated anti-money laundering directive
- • Staff training register
- • Appointment of AML officer
- • Annual reports to the SRO
- • SRO audit findings and corrective actions
Integration with accounting
- • Consistency between mandate and records
- • Traceability of relevant payments
- • Link between AML file and accounting file
- • Controlled access and secure backup
- • Audit trail of changes
Accounting software such as Accountex facilitates traceability by cross-referencing mandate documentation with the client's accounting entries. Even with digital tools, however, the AML folder remains separate from ordinary accounting and must be accessible to the anti-money laundering officer and SRO auditors.
Operational checklist for the fiduciary firm
Use this checklist to verify your firm's AML compliance — ideally in preparation for an SRO audit or when onboarding a new mandate:
| Requirement | Frequency | Responsible |
|---|---|---|
| Client and beneficial owner identification | At mandate opening | Mandate manager |
| Risk profile assignment | At opening + on events | AML officer |
| Periodic review of high-risk clients | At least annually | AML officer |
| Anti-money laundering staff training | Annual | Management |
| PEP and sanctions list screening | Onboarding + periodic | Mandate manager |
| Assessment of accounting red flags | Ongoing | Accountant / fiduciary |
| MROS report if required | As soon as suspicion arises | AML officer |
| Retention of AML documents | 10 years post-mandate | Administration |
Anti-money laundering as a quality standard for the firm
Anti-money laundering obligations do not contradict the fiduciary relationship with the client: they define the minimum due diligence rules that distinguish a professional firm from a mere processor of paperwork. Rigorous due diligence, attentive monitoring and timely reports protect the firm, the Swiss financial system and, indirectly, honest clients.
Invest time in team training, digitisation of AML files and definition of clear procedures. A positive SRO audit is not just a legal requirement: it confirms that your firm operates to the standards that clients, partner banks and authorities expect of a Swiss fiduciary.