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Controlling person (Swiss AML)

Kontrollinhaber

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For operating companies in Switzerland, the natural person who holds at least 25 percent of the capital or votes or controls the company in another way.

If no controlling person can be identified, the most senior member of the executive management is deemed to be the controlling person. Banks typically record this on Form K.

In practice

Family-owned operating companies often have shareholdings spread across siblings, holding companies and pooling agreements, so the controlling person is not always obvious. In practice, the family office keeps the share register, voting agreements and board composition up to date, determines the controlling persons once from that record and provides consistent information to every bank. When shares change hands or a voting agreement is signed, the assessment and the forms are updated.

Distinctions and common mistakes

The controlling person of an operating company is not the same as the beneficial owner of a domiciliary company, for which banks use Form A. Typical mistakes are overlooking that exactly 25 percent is enough in Switzerland and looking only at percentages while control through voting agreements or other means goes unrecorded.

Relevant in: Switzerland

Related terms

Beneficial owner
The natural person who ultimately owns or controls a company, foundation or trust, or on whose behalf a transaction is carried out.
Forms A, K, S and T
Standardised forms used by Swiss banks to establish the beneficial owner: A in general, K for controlling persons, S for foundations and T for trusts.

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