Guides

Beneficial Ownership and AML for Swiss Foundations

By Hansruedi Mueller, Swiss foundation lawyer · Published 21 July 2026 · Last updated 6 October 2026

The idea of a “beneficial owner” fits a company more naturally than a foundation. A company has shareholders; a foundation has no owners at all, which is one of its defining features. Yet Swiss anti-money-laundering rules still require the people behind a foundation to be identified when it deals with the financial system. Since 1 October 2026 Switzerland also has a federal transparency register for the beneficial owners of companies; a Swiss foundation does not register itself, but a company controlled by a foundation must report the people behind that foundation. This guide explains who counts as the beneficial owner of a foundation, how banks identify them, and where the transparency register reaches foundations.

The short version is that “no owners” does not mean “no one to name”. For anti-money-laundering purposes, the law looks past the fact that a foundation owns itself and asks who established it, who controls it and who benefits from it. Those are the people a bank must identify and, where the foundation controls a company, the people that company must report to the transparency register.

This matters most at two moments: when the foundation opens a bank account, and when it deals with any Swiss financial intermediary. Getting the beneficial-ownership picture clear and consistent at the outset saves friction later, and avoids the awkward position of a foundation whose own documents cannot answer the question a bank must ask.

Key takeaways

• A Swiss foundation has no owners, but AML rules still require its beneficial owners to be identified.
• For a foundation, the identified persons typically include the founder, the board and the beneficiaries, and any protector.
• Banks identify them through KYC onboarding, using a dedicated declaration form for foundations.
• The federal transparency register (in force since 1 October 2026) covers companies, not Swiss foundations; a company controlled by a foundation must report the foundation’s founder, beneficiaries and anyone who can appoint its board or change its beneficiaries.
• A charitable foundation is not exempt from identification, though its profile differs from a private family foundation.

Why a foundation has beneficial owners at all

A foundation owns itself, yet AML law still looks for the people behind it. Under the Anti-Money Laundering Act, a financial intermediary, a bank, asset manager or trustee, must identify the beneficial owner of its client. For a company that means tracing the natural persons who ultimately own or control it. A foundation has no shareholders, so the law instead identifies the people who established it, control it and benefit from it. The absence of legal ownership does not switch the duty off; it changes who is named.

This is why a founder is sometimes surprised to be asked, at account opening, to declare “beneficial owners” of a structure specifically chosen because it has none. The question is not about legal ownership; it is about who stands behind the foundation in substance, which the law treats as the relevant fact for money-laundering prevention.

Who is identified for a Swiss foundation

For a foundation, the people identified typically span founder, board and beneficiaries. When a foundation opens a bank account, the bank must establish who is behind it. For foundations, Swiss banking practice uses a dedicated declaration in which the founder identifies the relevant persons: the founder (settlor) who endowed the foundation, the members of the foundation board who control it, any protector or similar figure, and the beneficiaries, whether named or defined by class. Where beneficiaries are discretionary, the bank will still want the category and, in practice, the persons who actually receive distributions.

The exact people named depend on the foundation’s structure. A tightly defined family foundation with named beneficiaries produces a clear list; a discretionary structure produces a broader one. Either way, the foundation should be able to answer the question from its own deed and records. If it cannot, that is a sign the structure needs tidying before it meets a bank, not after.

The bank’s KYC process

Expect thorough onboarding, and treat it as protection rather than obstruction. A Swiss bank onboarding a foundation will verify the foundation’s existence and documents, establish the source of the endowed funds, identify the beneficial owners as above, and understand the foundation’s purpose and expected activity. For a foundation with an international founder or cross-border beneficiaries, this can be detailed, and a charitable foundation will additionally be asked to evidence its charitable status and tax treatment.

None of this is a sign the bank distrusts the foundation; it is the bank meeting its own legal duties, and a foundation that comes prepared moves through it faster. Our guide to opening a bank account for a Swiss foundation sets out what to bring and how to shorten the process. The same source-of-funds and beneficial-owner information also feeds the foundation’s position under the automatic exchange of information, which we cover in our note on CRS and Swiss foundations.

The new transparency register

Switzerland now has a central register, but a Swiss foundation is not itself a reporting entity. The Federal Act on the Transparency of Legal Entities and the Identification of Beneficial Owners (TJPG, SR 955.3) of 26 September 2025 entered into force on 1 October 2026, together with its implementing ordinance (TJPV). It obliges companies limited by shares, partnerships limited by shares, limited liability companies, cooperatives, SICAVs, SICAFs and limited partnerships for collective investment, as well as certain foreign legal entities, to report their beneficial owners to a register kept for the authorities rather than for public inspection. Swiss foundations and associations are not on that list, so a foundation has no filing duty of its own.

The register still reaches foundations in a common situation: a foundation that controls a company. That company must report, as its beneficial owners, the foundation’s actual founder, its named beneficiaries, its beneficiary classes, and anyone entitled to appoint representatives who can dispose of the foundation’s assets or to change the allocation of assets or the appointment of beneficiaries (Article 7 TJPV). A holding or family foundation that owns an operating company therefore needs records that answer exactly these questions. Companies that existed on 1 October 2026 report within one month of their first commercial-register change after that date and at the latest within three to six months, depending on their legal form and audit status, or within two years where all their beneficial owners are already entered in the commercial register as members or officers (Article 51 TJPG).

Getting it right from the start

Consistency is the thing that makes all of this painless. The founder, board, beneficiaries and protector recorded in the foundation deed should match what the bank is told and what any register records. Where those pictures diverge, a beneficiary quietly added, a board change never reflected, the foundation invites exactly the scrutiny beneficial-ownership rules are designed to trigger. Keeping the deed, the bank file and, where the foundation controls a company, that company’s register filing aligned is straightforward if done deliberately, and a recurring headache if left to drift.

If you are setting up a foundation, or want an existing one reviewed against current AML and transparency requirements, contact us and we will check that the beneficial-ownership picture is clear, consistent and ready for a bank and for any company the foundation controls.

Frequently asked questions

Does a Swiss foundation have a beneficial owner? Yes, for anti-money-laundering purposes, even though it has no legal owners. A foundation owns itself, but AML law identifies the people behind it, typically the founder, the board members, any protector, and the beneficiaries. The absence of shareholders does not remove the duty to identify these persons; it changes who is named.

Who is treated as the beneficial owner of a foundation? Swiss practice identifies the founder who endowed the foundation, the members of the foundation board who control it, any protector, and the beneficiaries, whether named or defined as a class. For a discretionary foundation, the beneficiary category is recorded and, in practice, those who actually receive distributions. The exact list depends on the foundation’s structure.

How does a bank identify a foundation’s beneficial owners? Through its KYC onboarding. The bank verifies the foundation’s documents, establishes the source of the endowed funds, and has the founder complete a dedicated declaration identifying the relevant persons behind the foundation. For charitable foundations it will also ask for evidence of charitable status. Coming prepared with the deed and records shortens the process.

Is there a beneficial-ownership register for Swiss foundations? Not for the foundation itself. The federal transparency register, in force since 1 October 2026 under the TJPG, covers companies and certain foreign legal entities; Swiss foundations and associations are outside its scope. Where a foundation controls a company, however, that company must report the foundation’s actual founder, named beneficiaries, beneficiary classes and anyone who can appoint the board or change the beneficiaries (Article 7 TJPV).

Are charitable foundations exempt from beneficial-ownership rules? No. A charitable foundation is not exempt from identification, though its profile differs from a private family foundation and it will be asked to evidence its charitable and tax-exempt status. Its “beneficiaries” are its public-benefit purposes rather than private individuals, but the founder, board and any protector are still identified.

Why am I asked for beneficial owners of a structure that has none? Because AML law looks at substance, not legal ownership. A foundation is chosen precisely because it has no owners, but the law still asks who stands behind it, who set it up, who controls it and who benefits, as the relevant facts for money-laundering prevention. The declaration is about those persons, not about legal ownership.

What happens if the foundation cannot identify its beneficial owners clearly? That is a problem to fix before meeting a bank, not after. A foundation should be able to identify the relevant persons from its own deed and records. If it cannot, the structure needs tidying, because a bank cannot onboard a client whose beneficial ownership is unclear, and any company the foundation controls must report the same persons to the transparency register.

Do I need to keep beneficial-ownership information up to date? Yes. Beyond the one-off identification at onboarding, changes such as new board members, changes of beneficiary or a change of protector need to be reflected in the foundation’s records and reported to its bank. Where the foundation controls a company, the company must also update its transparency-register entry. Keeping the deed, the bank file and any register filing aligned is the practical key to staying compliant.

This article is general information and not a substitute for formal legal advice. The transparency rules are stated as in force on 6 October 2026. Please contact us for advice on your specific case.

Sources

• Identification of beneficial owners by financial intermediaries, Anti-Money Laundering Act (AMLA), Swiss Confederation (fedlex.admin.ch, SR 955.0); beneficial-owner declaration practice for foundations under the Agreement on the Swiss Banks’ Code of Conduct (CDB/VSB).
• Federal Act of 26 September 2025 on the Transparency of Legal Entities and the Identification of Beneficial Owners (TJPG), SR 955.3, Articles 2 and 51, in force since 1 October 2026: https://www.fedlex.admin.ch/eli/cc/2026/323/de
• Ordinance of 12 June 2026 on the Transparency of Legal Entities (TJPV), Article 7 (beneficial owners of an entity controlled by a Swiss foundation), in force since 1 October 2026: https://www.fedlex.admin.ch/eli/cc/2026/364/de
• Commercial-register registration of foundations, Swiss Civil Code Art. 81 and Commercial Register Ordinance (fedlex.admin.ch).