AMLA 2026: The New Legal Framework Applicable to Advisors (Domiciliation and Administration)

Since October 1, 2026, the Swiss regulatory landscape has undergone a major evolution with the entry into force of the revised Anti-Money Laundering Act (AMLA). This reform introduces a brand-new category of subject persons: "advisors". The team at La Voie Légale deciphers this new framework, its practical implications, and the exceptions you need to know.

1. Overview of the new legal framework

Until recently, the AMLA primarily targeted financial intermediaries, i.e., professionals who directly handle, transfer, or manage third-party funds. With the recent revision (Art. 2 para. 3bis and 3ter of the revised AMLA) that came into effect on October 1, 2026, the legislator has broadened the law's scope to include corporate service providers, now grouped under the legal term "advisors" (conseillers).

These professionals are now required to affiliate with a Self-Regulatory Organization (SRO) and comply with strict due diligence obligations (client identification, verification of the beneficial owner, documentation), under penalty of criminal sanctions and a ban on practicing.

2. Our interpretation: a paradigm shift

This revision is not merely an administrative formality; it marks a true paradigm shift. Switzerland is aligning itself with international standards (notably FATF recommendations) by shifting the control upstream.

The legislator now considers that the risk of money laundering does not solely lie in the transfer of funds, but arises right from the creation and provision of the legal infrastructure (shell companies, accommodation addresses, nominees). By subjecting the professionals who create and administer these structures to the AMLA, the Confederation aims to increase transparency and prevent the misuse of Swiss legal entities.

3. To whom does this framework apply in practice?

Subjection no longer depends on the manipulation of financial flows, but on the nature of the service provided. You are considered an "advisor" subject to the AMLA if you perform any of the following activities on a professional basis:

• Domiciliation services: Providing a company with a postal address, a registered office, or premises for a period exceeding six months.

  
  

• Administration and management: Acting as a director (for a Ltd/SA) or a managing officer (for an LLC/Sàrl) in a fiduciary or nominee capacity for Non-Operational Entities (NOEs)—such as holding companies, investment companies without their own staff, or wealth management structures—as well as for entities headquartered abroad.

  
  

• Transactional advice: Assisting in the creation, management, or purchase/sale of companies or real estate (above certain financial thresholds).

  
  

4. The exceptions: when does the AMLA not apply?

The law has provided for targeted exclusions to avoid paralyzing the real economy. Persons providing these services are not subject to the AMLA in the following cases:

• Swiss operational companies: A directorship within a Swiss company carrying out a genuine commercial or industrial activity with its own staff and premises.

  
  

• Linked entities and family circles: Services rendered within the same group of companies or for structures of which you (or your close family) are the true beneficial owner (managing your own wealth).

  
  

• Formal execution: Simple acts of notarization or contract drafting, without any underlying structural or financial advisory role.

  
  

5. Warning: the non-applicability of exemptions (20 clients / 50,000 CHF)

This is the main trap of this new legislation. Many fiduciaries and service providers mistakenly believe they can evade these new obligations by invoking the tolerance thresholds historically applicable to financial intermediaries (namely, a gross revenue of less than 50,000 CHF or fewer than 20 business relationships per year).

The regulation is clear: these quantitative exceptions do not apply to advisors.

According to the new Anti-Money Laundering Ordinance (AMLO), as soon as your business model includes the provision of services subject to supervision (such as domiciliation or the nominee management of non-operational entities), the activity is deemed professional from the very first mandate and the very first franc billed.

It is impossible to invoke the "ancillary" nature of domiciliation in relation to a main accounting activity to escape the AMLA. If the service is offered as an independent economic activity aimed at generating income, subjection is immediate and absolute.

Are you providing domiciliation or administration services and wondering about your compliance with these new legal requirements in force since October 1, 2026?

The team at La Voie Légale is at your disposal to analyze your business model, audit your mandates, and, if necessary, assist you in your affiliation process with an SRO.