# AMLR Art. 53 — BO through control > TJPG Art. 4 and Art. 6 have been in force since 1 October 2026. See [[Effective-dates timeline]]. - **Part of:** [[AMLR]] - **FATF keying:** [[FATF R.24 - Transparency and beneficial ownership of legal persons|FATF R.24]] - **Swiss provisions:** [[TJPG Art. 4 - BO definition- 25% of capital|TJPG Art. 4]], [[TJPG Art. 6 - Indirect and other control|TJPG Art. 6]] - **Detailed citation:** TJPG Art. 4 Abs. 1 in fine ('auf andere Weise kontrolliert'); Art. 6 (Federal Council to define indirect/other control) ## What it requires Control is exercised through ownership interest or via other means (Art. 53(1)). 'Control' means the possibility to exercise, directly or indirectly, significant influence and impose relevant decisions; 'control through ownership interest' means direct or indirect ownership of 50% plus one of the shares, voting rights or other ownership interest (Art. 53(2)). Control via other means includes, in any case, a voting-rights majority, board appointment/removal rights, relevant veto or decision rights, and profit or asset decisions (Art. 53(3)), and may also include agreements, family relationships and nominee arrangements (Art. 53(4)). ## Swiss position TJPG Art. 4 Abs. 1 sets the control limb as an alternative within the same sentence as the ownership limb: a person is beneficial owner who holds at least 25% of capital or votes, 'oder diese auf andere Weise kontrolliert' (or controls it in another way). Art. 4 itself does not elaborate what 'other means' of control includes. TJPG Art. 6 instead delegates that task to the Federal Council, which is to specify the conditions under which a company is considered indirectly or otherwise controlled by a natural person. ## Key divergences AMLR Art. 53 defines control largely within the Regulation itself: a general significant-influence/decision-imposing test, a bright-line ownership-based control threshold (50% plus one), a concrete non-exhaustive list of other-means examples (voting majority, board appointment rights, veto rights, profit or asset decisions), and a further category of agreements, family relationships and nominee arrangements, with 'formal nominee arrangement' itself defined. TJPG Art. 4 states only that control may arise 'in another way', without elaboration, and TJPG Art. 6 delegates the entire specification of indirect and other control to a Federal Council ordinance. The Swiss control limb therefore depends on the Federal Council's specification under TJPG Art. 6, whereas AMLR Art. 53 is self-contained. ## Effective dates TJPG Art. 4 and Art. 6 have been in force since 1 October 2026. See [[Effective-dates timeline]]. ## Further connections *These links come from an article-by-article comparison of the primary texts. They add to the provisions listed at the top of this note and make no equivalence claim.* - [[VSB 20 Art. 20 - Establishing the controlling persons|VSB 20 Art. 20]] — Control by other recognisable means is a step only when no 25% holder exists (Abs. 3), not in parallel as in Art. 51 second paragraph. The article lists no examples or tests of control and has no 50%-plus-one rule. *(related)* - [[GwV-FINMA Art. 56 - Controlling person – principle|GwV-FINMA Art. 56]] — Control in another way is declared where the company is not controlled by the 25% holders (Abs. 2). No definition or examples of control and no 50%-plus-one test. *(related)* - [[GwG Art. 2a - Definitions (incl. politically exposed persons|GwG Art. 2a]] — Statute names control in another way as an alternative route to beneficial-owner status, without defining it. Art. 53(2)-(4) define control and give examples. *(related)* - [[GwV-FINMA Art. 2 - Definitions|GwV-FINMA Art. 2]] — Ordinance defines the controlling person as including those who exercise control over an operating entity in another way, without specifying the means of control. *(related)* ## Authoritative text > [!quote]- Regulation (EU) 2024/1624 (AMLR), Article 53 — English text (EUR-Lex, CELEX 32024R1624) > **Article 53** > *Beneficial ownership through control* > 1. Control over a corporate or other legal entity shall be exercised through ownership interest or via other means. > 2. For the purposes of this Chapter, the following definitions apply: > (a) ‘control of the legal entity’ means the possibility to exercise, directly or indirectly, significant influence and impose relevant decisions within the legal entity; > (b) ‘indirect control of a legal entity’ means control of intermediate legal entities in the ownership structure or in various chains of the ownership structure, where the direct control is identified on each level of the structure; > (c) ‘control through ownership interest of the corporate entity’ means direct or indirect ownership of 50 % plus one of the shares or voting rights or other ownership interest in the corporate entity. > 3. Control of the legal entity via other means shall in any case include the possibility to exercise: > (a) in the case of a corporate entity, the majority of the voting rights in the corporate entity, whether or not shared by persons acting in concert; > (b) the right to appoint or remove a majority of the members of the board or the administrative, management or supervisory body or similar officers of the legal entity; > (c) relevant veto rights or decision rights attached to the share of the corporate entity; > (d) decisions regarding distribution of profit of the legal entity or leading to a shift in assets in the legal entity. > 4. In addition to paragraph 3, control of the legal entity may be exercised via other means. Depending on the particular situation of the legal entity and its structure, other means of control may include: > (a) formal or informal agreements with owners, members or the legal entities, provisions in the articles of association, partnership agreements, syndication agreements, or equivalent documents or agreements depending on the specific characteristics of the legal entity, as well as voting arrangements; > (b) relationships between family members; > (c) use of formal or informal nominee arrangements. > For the purpose of this paragraph, ‘formal nominee arrangement’ means a contract or an equivalent arrangement, between a nominator and a nominee, where the nominator is a legal entity or natural person that issues instructions to a nominee to act on their behalf in a certain capacity, including as a director or shareholder or settlor, and the nominee is a legal entity or natural person instructed by the nominator to act on their behalf. ## Sources - AMLR Art. 53 — CELEX 32024R1624 - TJPG BBl 2025 2900, Art. 4 - TJPG BBl 2025 2900, Art. 6