The Revision of the Anti-Money Laundering Act and the Ticino Notary as a Public Official

On October 1, 2026, the revised Anti-Money Laundering Act (AMLA) and the new Act on the Transparency of Legal Entities (ATLE) will take effect in Switzerland. This report—intended as a general guide—outlines the specific changes for Swiss notaries and attorneys, including professionals practicing in the Canton of Ticino. The key point: contrary to what a hasty reading might suggest, the obligation to join a self-regulatory body (OAD) does not stem from the notary’s status as a “public official.” The notarial profession in Ticino is a liberal profession, not a public-sector notary’s office (a special regime reserved for Zurich and Schaffhausen): Ticino notaries therefore fall under the general category of “consultants” (Art. 2, para. 3bis of the Anti-Money Laundering Act [LRD]), and the obligation applies only when the professional activity thresholds set forth in Art. 12f of the Anti-Money Laundering Ordinance [OLRD] are exceeded—primarily the aggregate annual volume of CHF 2 million, a criterion far more realistic than the threshold of CHF 5 million per individual transaction. The report also covers: the international origins of the reform (FATF, 2027/2028 assessment); a comparison with Germany, France, Italy, and Austria; a 5-step decision-making guide; the specific impact on attorneys; cross-border transactions; power of attorney, mandates, and advance payments on fees; the LTPG (Transparency Register for Legal Entities) and its penalties; the criminal and disciplinary regime; and the costs and compliance requirements of OAD membership. It concludes with a reflection on the asymmetry between the quantified costs to the state and the “externalized,” unestimated costs borne by professionals.

ITEN