# AMLR Art. 57 — Identification of beneficial owners for legal entities similar to express trust > TJPG Art. 2 and 15 (BBl 2025 2900) 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:** _none_ - **Detailed citation:** - ## What it requires For legal entities similar to express trusts (e.g. foundations), the beneficial owners are the founders, the management body's management-function members, its supervisory-function members, the beneficiaries (unless the class-of-beneficiaries rule in Art. 59 applies), and any other natural person exercising direct or indirect control (Abs. 1 Bst. a-e). Where any of these positions is held by a legal entity, that entity's own beneficial owners are added (Abs. 2). Member States must notify the Commission by 10 October 2027 of the entity types covered (Abs. 3). ## Swiss position No Swiss provision is mapped to this article: the TJPG rules below address trusts, not foundations. TJPG Art. 2 Abs. 2 subjects a trustee resident or seated in Switzerland, or administering a trust in Switzerland, to Art. 15-16, except a trustee already subject to the GwG. TJPG Art. 15 Abs. 1 lists the trust's beneficial owners: the founder (Bst. a), the trustee (b), the protector (c), the beneficiary (d), and any other natural person controlling the trust directly, indirectly or otherwise, including the beneficial owners of a legal entity that itself occupies one of positions (a)-(d) (Bst. e). Art. 15 Abs. 2 delegates the definition of 'control' under Bst. e to the Federal Council. ## Key divergences AMLR Art. 57 targets legal entities similar to express trusts, with foundations as the example, and uses a five-limb list that distinguishes a management body's management function from its supervisory function (Bst. b-c) - a distinction TJPG Art. 15 does not draw. TJPG Art. 15 defines beneficial owners for trusts only, and Swiss foundations do not appear among the entity types listed in TJPG Art. 2 Abs. 1. TJPG's own scope rule, Art. 2 Abs. 2, keys the beneficial-owner duty to a trustee's Swiss residence, seat, or administration of the trust in Switzerland, and excludes a trustee already regulated under the GwG, so the duty for a given trust sits in either the TJPG or the GwG, never both, depending on the trustee's status. See [[The Swiss beneficial-owner split]]. ## Effective dates TJPG Art. 2 and 15 (BBl 2025 2900) 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. 40 - Foundations|VSB 20 Art. 40]] — Content comes from Formular S (Abs. 1), not the article text: founder, determined beneficiaries or beneficiary group, and persons who can appoint representatives with power over the assets or change distributions or beneficiaries. Foundation council members are not listed as such (one signs as declarant); operating foundations fall under Art. 20 ff. (Abs. 3). *(related)* - [[GwV-FINMA Art. 64 - Groupings of persons, trusts, asset|GwV-FINMA Art. 64]] — Declaration on founder, beneficiaries and persons able to instruct, for asset units and, by analogy, companies functioning like them (Abs. 2). Foundations are not named in Art. 64 (they appear only in the Sitzgesellschaft definition, Art. 2 Bst. a). Management-body members are not listed as such. *(related)* ## Authoritative text > [!quote]- Regulation (EU) 2024/1624 (AMLR), Article 57 — English text (EUR-Lex, CELEX 32024R1624) > **Article 57** > *Identification of beneficial owners for legal entities similar to express trust* > 1. In the case of legal entities other than those referred to in Article 51, similar to express trust, such as foundations, the beneficial owners shall be all the following natural persons: > (a) the founders; > (b) the members of the management body in its management function; > (c) the members of the management body in its supervisory function; > (d) the beneficiaries, unless Article 59 applies; > (e) any other natural person, who controls directly or indirectly the legal entity. > 2. In cases where legal entities referred to in paragraph 1 belong to multi-layered control structures, where any of the positions listed in paragraph 1 is held by a legal entity, beneficial owners of the legal entity referred to in paragraph 1 shall be: > (a) the natural persons listed in paragraph 1; and > (b) the beneficial owners of the legal entities that occupy any of the positions listed in paragraph 1. > 3. Member States shall notify to the Commission by 10 October 2027 a list of types of legal entities, of which the beneficial owners are identified in accordance with paragraph 1. > The notification referred to in the first subparagraph shall be accompanied by a description of: > (a) the form and basic features of those legal entities; > (b) the process through which they can be set up; > (c) the process for accessing basic information and beneficial ownership information on those legal entities; > (d) the websites at which the central registers containing information on beneficial owners of those legal entities can be consulted and contact details of the entities in charge of those registers. > 4. The Commission may adopt, by means of an implementing act, a list of types of legal entities governed by the law of Member States which should be subject to the requirements of this Article. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 86(2). ## Sources - AMLR Art. 57 — CELEX 32024R1624 - TJPG BBl 2025 2900, Art. 2 - TJPG BBl 2025 2900, Art. 15