Glossary
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Anti-Money Laundering Act
As of 1.1.2023, associations with cash flows from or to abroad are subject to the Anti-Money Laundering Act. This means:
1. The associations must be entered into the Commercial Register (change of the Commercial Register Ordinance of 17 October 2007):
Article 90(1c) of the Commercial Register Ordinance:
According to Article 61(2) of the Swiss Civil Code 9, the association is obligated to register in the Commercial Register, if:
a. its purpose is to operate a business conducted in a commercial manner;
b. subject to auditing; or
c. mainly collects or distributes assets abroad, directly or indirectly, that are intended for charitable, religious, cultural, educational or social purposes, and no exception pursuant to paragraph 2 applies.
Associations according to paragraph 1 letter c are exempt from the obligation to register, if:
a. neither the value of the assets gathered nor the assets distributed exceed CHF 100,000; and
b. the distribution of the assets is carried out through a financial intermediary in accordance with the Anti-Money Laundering Act of 10 October 1997; and
c. at least one of the representatives of the association is an authorised person with their residence within Switzerland.
2. The basic due diligence and obligation to register the company must be followed, in particular, the contracting partners must be identified and the beneficial owners of the assets contributed must be identified. For associations, this means that lists of members and donors must be kept.
1. The associations must be entered into the Commercial Register (change of the Commercial Register Ordinance of 17 October 2007):
Article 90(1c) of the Commercial Register Ordinance:
According to Article 61(2) of the Swiss Civil Code 9, the association is obligated to register in the Commercial Register, if:
a. its purpose is to operate a business conducted in a commercial manner;
b. subject to auditing; or
c. mainly collects or distributes assets abroad, directly or indirectly, that are intended for charitable, religious, cultural, educational or social purposes, and no exception pursuant to paragraph 2 applies.
Associations according to paragraph 1 letter c are exempt from the obligation to register, if:
a. neither the value of the assets gathered nor the assets distributed exceed CHF 100,000; and
b. the distribution of the assets is carried out through a financial intermediary in accordance with the Anti-Money Laundering Act of 10 October 1997; and
c. at least one of the representatives of the association is an authorised person with their residence within Switzerland.
2. The basic due diligence and obligation to register the company must be followed, in particular, the contracting partners must be identified and the beneficial owners of the assets contributed must be identified. For associations, this means that lists of members and donors must be kept.
