Regulation Switzerland
Swiss Form A: establishing the beneficial owner
Updated: · Leutrim Miftaraj, FLIORE · Editorial standards · Deutsche Fassung
Short answer
With Form A the contracting party declares in writing to a Swiss bank who is the beneficial owner of the assets: surname, first name, date of birth, nationality and residential address. It is based on the banks' code of conduct (CDB 20) and is required in particular for domiciliary companies. For operating companies Form K applies, for trusts Form T and for foundations Form S.
Legal background
Under Art. 4 AMLA, financial intermediaries must establish the beneficial owner with the diligence required by the circumstances and verify their identity. The banks set this out in their code of conduct with regard to due diligence (CDB 20). Form A is the standardised written declaration of the contracting party. Other financial intermediaries, such as asset managers and fiduciaries, use comparable forms of their self-regulatory organisation.
Which form when
| Form | Use case | Records |
|---|---|---|
| A | Contracting party is not the beneficial owner or doubts exist, in particular domiciliary companies | Beneficial owners of the assets |
| K | Operating legal entities and partnerships | Controlling persons (generally from 25 per cent) |
| T | Trusts and similar arrangements | Settlor, trustee, protector, beneficiaries |
| S | Foundations | Founder, beneficiaries, persons with control rights |
Content and signature
Form A states for each beneficial owner the surname, first name, date of birth, nationality and actual residential address. It is signed by the contracting party – for companies by authorised signatories. The forms point out that intentionally false information is punishable as forgery of a document under Art. 251 of the Swiss Criminal Code. If circumstances change, the bank must be informed and a new form submitted.
Common mistakes
- Old residential addresses after a move.
- Signatures by persons without current signing authority.
- Different information at different banks for the same company.
- Changes not reported after an inheritance or a transfer of shares.
- Fiduciary arrangements in which the beneficiary of the arrangement does not appear as beneficial owner.
Maintaining it efficiently
- Record the details of all beneficial owners once, centrally and completely.
- Note for each structure which form was submitted to which bank and when.
- With every change, check which banks need to be informed.
- File signed forms with versions.
- Check currency and consistency as part of the periodic review.
In FLIORE
FLIORE keeps the details of beneficial owners centrally per structure – residence, nationality, date of birth, identity data and roles. Signed forms are stored with versions, and the KYC package assembles them with identity documents and register extracts for a bank in one PDF.
At a glance
| Basis | Art. 4 AMLA, CDB 20 |
|---|---|
| Content | Surname, first name, date of birth, nationality, residential address |
| Related forms | K (controlling persons), T (trusts), S (foundations) |
| False information | Punishable as forgery of a document (Art. 251 Swiss Criminal Code) |
Frequently asked questions
Do I need to complete Form A as an account holder myself?
If you act as a natural person on your own account and there are no doubts, usually not. The bank may still require it, for example when a third party holds a power of attorney or the source of funds raises questions.
Why does every bank require its own form?
Each bank fulfils its due diligence itself and must hold the declaration in its records. The forms are standardised, so the data can be maintained centrally and reused.
What applies to listed companies?
For listed companies and their subsidiaries there is generally no obligation to establish beneficial owners.
How often must the form be renewed?
With every change of beneficial ownership. Banks also check during their periodic review whether the information is still current.
Sources
- Swiss Anti-Money Laundering Act (AMLA/GwG, SR 955.0) – Fedlex
- Swiss Bankers Association – Agreement on the Swiss banks' code of conduct with regard to due diligence (CDB 20)
- Swiss Criminal Code (StGB, SR 311.0) – Fedlex
- FINMA – Swiss Financial Market Supervisory Authority
This page provides orientation and does not replace legal or tax advice. The cited legal sources in their applicable version are authoritative.
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