Within the scope of the AMLA or not? The key question before accepting any mandate

The revised Federal Act on Combating Money Laundering and Terrorist Financing (Anti-Money Laundering Act, AMLA) enters into force on 1 October 2026. It applies to advisers who, on a professional basis, prepare or carry out transactions for their clients in connection with certain activities. These include the purchase or sale of real estate, the establishment, management or administration of legal entities without operational business activities, and the establishment of legal entities domiciled abroad.

For lawyers and other advisers, this means that before accepting each mandate, they must assess whether the intended activity falls within the scope of the AMLA. If it does, the mandate must be classified as an AMLA mandate, and the due diligence obligations under the AMLA must be complied with.

Six questions to address in the coming days:
1.    Have we adapted our client and matter acceptance procedures to the revised AMLA? 
2.    Which existing mandates are subject to the new provisions? 
3.    Have all employees received the necessary training? 
4.    Are our templates ready to support compliance with the due diligence obligations? 
5.    Have internal directives been issued? 
6.    Is the application for affiliation with a self-regulatory organisation (SRO) ready for submission by 1 December 2026? 

Our AMLA triage provides a structured preliminary assessment based on the relevant activities under the AMLA: financial intermediation, trustee activities, professional domiciliation services and advisory activities. It classifies a mandate as an AMLA financial intermediary mandate, an AMLA advisor mandate or a mandate outside the scope of the AMLA. Where financial intermediation and advisory activities overlap, the mandate is classified as an AMLA financial intermediary mandate.

The triage provides initial guidance and does not replace a legal assessment of the individual case.

Link to the AMLA triage: Link