# AMLR Art. 68 — Penalties (BO) > TJPG in force 1 October 2026 (BBl 2025 2900). AMLR Art. 68(1) notification deadline 10 January 2025; Commission delegated act due 10 July 2026; AMLR applies from 10 July 2027. - **Part of:** [[AMLR]] - **FATF keying:** [[FATF R.24 - Transparency and beneficial ownership of legal persons|FATF R.24]], [[FATF R.25 - Transparency and beneficial ownership of legal arrangements|FATF R.25]], [[FATF R.35 - Sanctions|FATF R.35]] - **Swiss provisions:** [[TJPG Art. 43 - Fine up to CHF 500,000|TJPG Art. 43]], [[TJPG Art. 44 - Fine up to CHF 100,000|TJPG Art. 44]], [[TJPG Art. 45 - VStrR applies|TJPG Art. 45]], [[VStrR]] - **Detailed citation:** TJPG Art. 43 (fine up to CHF 500,000, intentional), Art. 44 (up to CHF 100,000 for defying a Kontrollstelle order), Art. 45 (VStrR applies) ## What it requires Member States must lay down penalties, effective, proportionate and dissuasive, for breaches of the beneficial-ownership chapter, and notify the Commission of the rules by 10 January 2025. By 10 July 2026 the Commission is to adopt delegated acts defining the categories of breach, gravity indicators, and criteria for setting penalty levels - a common EU floor this Article itself leaves unspecified. ## Swiss position TJPG Art. 43 fines up to CHF 500,000 for intentionally breaching the reporting duties under Art. 13, 14 or 17, the register/Handelsregister notification duties under Art. 9-11 or 17, or making false statements to the Kontrollstelle. TJPG Art. 44 separately fines up to CHF 100,000 for intentionally defying a final Kontrollstelle order. TJPG Art. 45 applies the VStrR administrative-penal procedure, gives the EFD prosecuting and adjudicating competence, sets a 7-year limitation period, and channels breaches of StGB Art. 327a found during Kontrollstelle audits (Art. 35-39) to the ordinary criminal-prosecution authorities instead. ## Key divergences TJPG Art. 43 and Art. 44 punish only intentional breach; there is no negligence-based liability for these BO-register failures. That sits in contrast with GwG Art. 37, which fines negligent breach of the financial intermediary's reporting duty up to CHF 150,000 alongside intentional breach up to CHF 500,000 - so, on the sources read, Switzerland's own reporting-duty penalty is broader on mens rea than its BO-register penalty. AMLR Art. 68 sets no mens-rea floor either; it defers the operative detail (breach categories, gravity indicators, penalty-setting criteria) to a Commission delegated act due 10 July 2026 and not assessable from the text of Art. 68 alone. ## Effective dates TJPG in force 1 October 2026 (BBl 2025 2900). AMLR Art. 68(1) notification deadline 10 January 2025; Commission delegated act due 10 July 2026; AMLR applies from 10 July 2027. ## Authoritative text > [!quote]- Regulation (EU) 2024/1624 (AMLR), Article 68 — English text (EUR-Lex, CELEX 32024R1624) > **Article 68** > *Penalties* > 1. Member States shall lay down rules on the penalties applicable to breaches of the provisions of this Chapter and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. > Member States shall by 10 January 2025 notify the Commission of those rules on penalties together with their legal basis and shall notify it, without delay, of any subsequent amendment affecting them. > 2. By 10 July 2026, the Commission shall adopt delegated acts in accordance with Article 85 to supplement this Regulation by defining: > (a) the categories of breaches that are subject to penalties and the persons liable for such breaches; > (b) indicators to classify the level of gravity of breaches that are subject to penalties; > (c) the criteria to be taken into account when setting the level of penalties. > The Commission shall regularly review the delegated act referred to in the first subparagraph to ensure that it identifies the relevant categories of breaches and that the related penalties are effective, dissuasive and proportionate. ## Sources - AMLR Art. 68 — CELEX 32024R1624 - TJPG SR — BBl 2025 2900, Art. 43, 44, 45 - GwG SR 955.0, Art. 37 (cross-reference only, not a frozen mapping for this node)