This applies to individuals and legal entities that, on a professional basis, assist third parties in financial transactions\u2014including fundraising\u2014in connection with specific legal transactions. This includes, in particular, the purchase and sale of real estate, as well as structuring arrangements involving non-operational legal entities, the administration of such entities, and contributions, distributions, or transactions involving such companies. Individuals who provide domicile or registered office addresses for legal entities over an extended period of time may also be covered.<\/p>\n\n\n\n\n\n
For the real estate industry, this means: Not every brokerage mandate, not every appraisal, and not every administrative service is automatically subject to the Anti-Money Laundering Act (AMLA). The specific activity is decisive. However, anyone who does more than simply market a property in a transaction\u2014such as managing financing flows, helping to structure buyer groups, assisting with the verification of funds\u2019 origin, or supporting corporate-law structures related to the acquisition\u2014must determine whether they are subject to the Act as an advisor.<\/p>\n\n\n\n\n\n
Sales and Brokerage: More Due Diligence in the Transaction Process<\/strong> In practice, this means that identifying the parties involved, determining the beneficial owners, and documenting the source of funds will become more important. Transactions involving complex buyer structures, foreign companies, non-operating special-purpose entities, trust arrangements, or rapidly changing chains of ownership are particularly sensitive. Even though banks and notaries already fulfill their own obligations, a real estate service provider cannot simply rely on other parties to cover all risks.<\/p>\n\n\n\n\n\n For professional sellers and brokers, compliance thus becomes part of the deal process. Acceptance of a mandate, buyer due diligence, documentation, and internal escalation procedures must be clearly defined. While this may slow down individual transactions, it also creates greater legal certainty. Conducting checks early on helps avoid delays later on, just before notarization or closing.<\/p>\n\n\n\n\n\n Financing: Source of Funds Is Becoming a Greater Industry Focus<\/strong> For project developers, family offices, real estate companies, and advisors, this means that when it comes to proof of equity, shareholder loans, investor models, mezzanine financing, or complex holding structures, the question of the beneficial owner becomes more important. The origin of the funds used must also be plausibly traceable. This applies in particular to transactions in which capital is contributed from abroad, through special-purpose entities, or through non-operating legal entities.<\/p>\n\n\n\n\n\n For banks, the basic principle remains unchanged: they are already subject to the Anti-Money Laundering Act (GwG). What is new, however, is that additional parties involved in the transaction may have their own obligations. This increases the need for coordination between the bank, advisors, buyer, seller, notary, and, where applicable, the SRO. In practice, it will be crucial to avoid duplication of effort while still ensuring complete documentation.<\/p>\n\n\n\n\n\n Development and Construction: Relevant for Structuring, Land Acquisition, and Project Companies<\/strong> Such structures are particularly common in larger land development projects. Project companies, joint ventures, shareholder loans, forward deals, and share deals are part of everyday business. This is precisely where an AMLA review may become necessary. Companies must therefore clarify whether their activities still constitute pure project development or whether they already involve subject-to-regulation advisory services in connection with a financial transaction.<\/p>\n\n\n\n\n\n For the construction industry in the narrower sense\u2014such as general contractors and turnkey contractors\u2014the direct impact is likely to be less significant as long as they provide purely construction services. However, as soon as they are actively involved in land acquisition, investor structuring, financing, or transaction advisory services, the risk of falling under the Act\u2019s scope increases.<\/p>\n\n\n\n\n\n Management, Administration, and Registered Addresses<\/strong> The legal provisions regarding domicile and registered office addresses are particularly relevant. Anyone who, on a professional basis, provides addresses or premises as a domicile or registered office for legal entities for more than six months may be subject to the Anti-Money Laundering Act (AMLA) as an advisor. This does not apply to the normal leasing of office space per se, but may become relevant in the case of domicile services, shell companies, or administrative corporate structures.<\/p>\n\n\n\n\n\n SRO Membership and Transitional Issues<\/strong> Advisors who have submitted their complete application for admission and paid the membership fee should receive their confirmation of admission in the first half of October. Companies that wish to register as both financial intermediaries and advisors, however, should expect a longer admission process. Already registered financial intermediaries who also wish to subject their newly regulated advisory activities to the supervisory rules must declare this within the statutory transition period.<\/p>\n\n\n\n\n\n What Companies Should Do Now<\/strong> In practice, four measures are required: First, an internal assessment of services based on their relevance under the Anti-Money Laundering Act (AMLA). Second, clear processes for identifying contracting parties and beneficial owners. Third, a documented risk assessment for suspicious structures, foreign capital, or complex corporate relationships. Fourth, training for employees, particularly in sales, transactions, development, investment, and management.<\/p>\n\n\n\n\n\n The revised AMLA imposes additional burdens on the industry. However, it is also a response to a real risk: Due to high transaction values, international capital flows, and complex ownership structures, real estate is vulnerable to abuse. Those who implement the new obligations thoroughly and early on not only protect themselves but also strengthen the credibility of the real estate market.<\/p>\n\n\n\n\n\n The message is clear: real estate transactions remain possible, but the industry must know more precisely who it is doing business with, who is the beneficial owner, and where the funds come from.<\/p>\n\n","protected":false},"excerpt":{"rendered":" On October 1, 2026, the revised Anti-Money Laundering Act (AMLA) and the accompanying Anti-Money Laundering Ordinance (AMLO) took effect. For the real estate industry, this is more than just a legal adjustment. For the first time, certain advisors involved in real estate transactions are, in some cases, directly subject to due diligence and supervisory obligations under anti-money laundering law. This brings into focus activities that were previously often understood as purely advisory, brokerage, or structuring services.<\/p>\n","protected":false},"author":2,"featured_media":166865,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_surecart_dashboard_logo_width":"180px","_surecart_dashboard_show_logo":true,"_surecart_dashboard_navigation_orders":true,"_surecart_dashboard_navigation_invoices":true,"_surecart_dashboard_navigation_subscriptions":true,"_surecart_dashboard_navigation_downloads":true,"_surecart_dashboard_navigation_billing":true,"_surecart_dashboard_navigation_account":true,"inline_featured_image":false,"_monsterinsights_skip_tracking":false,"footnotes":""},"categories":[22697,22358,55963,22305],"tags":[62522,62523,62524,62525,12525,12526,62526,12528,62527],"class_list":["post-166864","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-company","category-construction","category-financing-strategies","category-switzerland","tag-compliance","tag-geldwaeschereigesetz","tag-gwg-revision","tag-immobilientransaktionen","tag-immoinvest-en","tag-immonews-en","tag-mittelherkunft","tag-news-en","tag-wirtschaftlich-berechtigte"],"acf":{"bild_mit_ki_erstellt_worden":["Ja"],"lead":"On October 1, 2026, the revised Anti-Money Laundering Act (AMLA) and the accompanying Anti-Money Laundering Ordinance (AMLO) took effect. For the real estate industry, this is more than just a legal adjustment. For the first time, certain advisors involved in real estate transactions are, in some cases, directly subject to due diligence and supervisory obligations under anti-money laundering law. This brings into focus activities that were previously often understood as purely advisory, brokerage, or structuring services.","autor":"","ort":"","bildunterschrift":"","zusammenfassung":"","bild_im_grid":false,"gallerie":"","newsim":"4376"},"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t
The sales and transaction advisory sector is most directly affected. Real estate brokers, marketing firms, transaction advisors, and corporate real estate service providers must in the future distinguish more precisely whether they are merely brokering a sale or whether they are actively participating in a financial transaction as defined by the Anti-Money Laundering Act (GwG).<\/p>\n\n\n\n\n\n
The consequences are also noticeable in the area of financing. The revised Anti-Money Laundering Act (GwG) explicitly mentions involvement in financial transactions, including fundraising. This brings not only traditional financial intermediaries into focus, but also advisors who assist with financing structures in the context of real estate transactions.<\/p>\n\n\n\n\n\n
In the construction and development sector, the revised Anti-Money Laundering Act (GwG) primarily applies when real estate is acquired, project companies are established, or financing structures are set up. Construction itself is not the focus of the new regulations. However, it becomes relevant when a developer purchases a plot of land, brings in investors, establishes a special-purpose entity, or structures capital flows for a project.<\/p>\n\n\n\n\n\n
Property managers and management companies should not ignore the amendment either. Traditional real estate management does not automatically fall under the new advisory obligations. The situation may be different, however, if a company additionally provides domicile or registered office addresses for legal entities or participates in structures involving non-operating companies.<\/p>\n\n\n\n\n\n
For newly regulated advisors, affiliation with a recognized self-regulatory organization (SRO) is essential. The SRO TreuhandSuisse has launched the admission process for the newly affected advisors. FINMA has approved the revised articles of association, the revised SRO regulations, and the sanctions regulations. This establishes a formal basis for affiliation, due diligence obligations, and audits.<\/p>\n\n\n\n\n\n
For real estate companies, the most important task is to clearly delineate their own activities. Every company should assess whether it merely brokers, manages, or builds\u2014or whether, in connection with real estate transactions, it is also involved in financial transactions, fundraising, buyer structures, or non-operational legal entities.<\/p>\n\n\n\n\n\n