Commentaries: Art. 2

This Ordinance applies to:
1. ¹ financial intermediaries in accordance with Article 2 paragraphs 2 and 3 AMLA operating in or from Switzerland;
2. dealers in accordance with Article 2 paragraph 1 letter b AMLA operating in or from Switzerland.
The following are not financial intermediaries under Article 2 paragraph 3 AMLA: a. Persons engaged in the following activities: 1. the purely physical transport or the purely physical storage of assets, subject to Article 6 paragraph 1 letter c, 2. debt enforcement activities, 3. the transfer of assets as an ancillary service to a main contractual service, 4. the operation of Pillar 3a pension schemes by bank foundations or insurance companies, 5. the provision of services among group companies; b. Auxiliary persons to financial intermediaries who have an authorisation for their activities in Switzerland or who are affiliated to a self-regulatory organisation (SRO), provided they: 1. are carefully selected by the financial intermediary and are subject to its instructions and control, 2. are included in the financial intermediary's organisational measures for the prevention of money laundering and terrorist financing in accordance with Article 8 AMLA and receive appropriate initial and ongoing training, 3. act exclusively in the name of the financial intermediary and for its account, 4. are compensated by the financial intermediary and not by the end client, 5. in the case of money or value transfer business, act only for a single authorised financial intermediary or one affiliated to an SRO, and 6. have concluded a written agreement with the financial intermediary on compliance with the above requirements.

Amended by No I of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). ↩

Art. 2

Footnotes