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Consultation Period: Swiss Transparency Register for Beneficial Owners Thumbnail

Consultation Period: Swiss Transparency Register for Beneficial Owners

In pursuing global financial integrity, various international organizations, including the Financial Action Task Force (FATF) and the Organization for Economic Cooperation and Development (OECD), advocate for the widespread implementation of beneficial ownership registers. These entities believe in registers' critical role in combating money laundering, terrorist financing, and other illicit financial activities.

The Concept of a Beneficial Ownership Register

A beneficial ownership register refers to a centralized database or system that captures and discloses information about the ultimate beneficial owners behind corporate entities. It aims to shed light on the individuals who ultimately control or benefit from a company, ensuring transparency in ownership structures. This information includes details about individuals who own or control a certain percentage of shares or voting rights in a company, facilitating greater transparency and accountability within the financial system. The register's implementation aligns with broader global efforts to enhance financial transparency and combat financial crimes by making it more challenging for criminals to conceal their identities behind complex corporate structures.

Benefits and Challenges

While implementing a beneficial ownership register holds promise in enhancing financial transparency, it's full of challenges and criticisms. One primary concern revolves around data privacy and security. Mandating the disclosure of sensitive information about beneficial owners raises apprehensions about potential data breaches and the misuse of personal information. Moreover, the implementation costs and administrative burdens could disproportionately affect smaller businesses, diverting their resources from core operations.
However, the stakes are high for countries that opt to refrain from participating in establishing these registers. Non-participation may lead to potential blacklisting by international financial regulatory bodies. Being blacklisted can have severe repercussions, including restricted access to global financial markets and increased scrutiny, impacting a nation's economic stability and global standing. Consequently, this pressure to conform to international standards may leave countries with limited options, necessitating their participation even if there are reservations about the implementation process.
Over recent years, this push towards transparency has witnessed diverse approaches and reactions across different regions, reflecting the intricate balance between financial accountability and individual privacy.

Implementation in various Countries

Under the 5th EU Anti-Money Laundering Directive, EU member states were mandated to open their company beneficial owner registers to public access. Additionally, other countries like Liechtenstein have followed suit by introducing UBO Registers. Initially, the 4th EU Anti-Money Laundering Directive in 2017 required UBO registers, but public accessibility wasn't mandatory; only individuals with a legitimate interest had access. However, the 5th Directive, effective from July 2018, demanded public access by early 2020, still requiring a legitimate interest to access trust-related information. Varying across EU nations, some offer direct internet access while others have more restricted access levels and different disclosed data extents. Criteria for documented persons include those with significant shareholding or control in companies, and for trusts, it includes settlors, protectors, beneficiaries, and controllers, as seen in Liechtenstein. Other jurisdictions like Panama and certain British territories are also implementing UBO registers.

The European Union faced a substantial setback when the European Court of Justice rejected its proposal for a public UBO register in 2021. The decision was a stark reminder of the complexities inherent in implementing such measures across diverse jurisdictions within the EU. Balancing the imperative of transparency with concerns about individual privacy and potential commercial vulnerabilities remains a daunting challenge, necessitating a recalibration of strategies and approaches.

The United States has been a trailblazer in implementing measures to establish comprehensive beneficial ownership registers. The Corporate Transparency Act (CTA) became effective on January 1, 2021. Initially raising questions, the Act's UBO provisions prompted the Financial Crimes Enforcement Network (FinCEN) to release final regulations, offering explanations and guidance. These regulations, announced by the Treasury's FinCEN on September 29, 2022, will come into effect on January 1, 2024. The requirements pertain to domestic and foreign reporting companies, exempting large operating firms, highly regulated sectors like banks, wholly-owned subsidiary entities, and those inactive or lacking significant assets before January 1, 2020. Notably, UBO details won't be publicly accessible.

Switzerland and our Efforts

There has yet to be a transparency register in Switzerland, and considerable efforts are directed towards ensuring that its future implementation is optimized for the best possible outcomes. This involves meticulously addressing concerns about data security, streamlining the registration process, and mitigating the burdens on smaller businesses. Collaborative efforts between governments, industry associations, and regulatory bodies are imperative to develop frameworks that balance transparency imperatives and safeguard individual privacy and commercial interests. Redirecting energy towards refining the implementation process becomes crucial, emphasizing the importance of not just complying but doing so in a manner conducive to all stakeholders' interests.

In the dynamic landscape of the Swiss financial sector, the discourse on implementing a central register for identifying UBOs has captured intense attention. This deliberation recently concluded with a public consultation until November 29, 2023. As an integral part of this conversation, our CEO holds a significant role as a board member of the Swiss Association of Wealth Managers (SAM) and has been actively advocating for our industry's and its clients' interests.

The SAM's stance on this critical matter can be detailed here (only available in German).

While acknowledging the necessity of such a register, we've articulated several critical points regarding the proposed implementation. Specifically, issues concerning access to the register, the registration process for foreign organizations, and the associated burdens related to the Discrepancy Report hold paramount importance for us as an association. We reiterate the importance of ensuring that the reality faced by small businesses is adequately considered in this process.

SAM remains steadfastly committed to ensuring that the interests and concerns of its members and the industry as a whole receive due consideration. Our engagement in this advocacy process reflects our dedication to fostering a regulatory environment that promotes transparency while mitigating any adverse impacts on businesses, especially smaller enterprises.

The complexities inherent in balancing the imperatives of transparency and the financial industry's concerns necessitate a thorough and inclusive approach. As we navigate this process, the SAM actively engages with stakeholders, policymakers, and regulatory bodies to ensure a balanced implementation that upholds transparency without burdening businesses.

The ongoing dialogue and collaboration within the Swiss financial sector underscore the importance of collective efforts in shaping regulations that strike a harmonious balance between transparency requirements and the operational realities businesses face. SAM remains committed to this endeavor, advocating for pragmatic and fair solutions that serve the best interests of our clients, industry, and other stakeholders.


While the international pressure to adopt such measures looms, Switzerland remains distinguished by its steadfast dedication to a thorough, inclusive lawmaking process. As a nation known for its democratic ethos, we refuse to succumb to haste or external pressures in crafting legislation. Instead, we prioritize a meticulous process that allows ample space for public discourse, expert opinions, and input from industry associations.
This unique approach underscores Switzerland's unwavering commitment to upholding democratic principles. By affording the general public, experts, and associations the platform to voice their perspectives and concerns, Switzerland ensures that the formulation of crucial laws, such as the beneficial ownership register, isn't merely an administrative exercise but a collaborative effort. This deliberate and inclusive approach strives to mold laws that are compliant with global standards and more client-centric, practically feasible, and considerate of the diverse needs and challenges faced by businesses, particularly smaller enterprises.
In embracing this systematic approach, Switzerland reaffirms its position as one of the foremost true democracies globally.

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