# AMLR Art. 78 — Records to authorities > GwG Art. 34 Abs. 1 as revised (extending the database duty to advisers) is in force from 1 October 2026 (GwG revision BBl 2025 2899). TJPG Art. 37 is in force from the same date (BBl 2025 2900). - **Part of:** [[AMLR]] - **FATF keying:** [[FATF R.11 - Record-keeping|FATF R.11]] - **Swiss provisions:** [[GwG Art. 7 - Duty to keep records|GwG Art. 7]], [[GwG Art. 34 - Data collections connected with the|GwG Art. 34]], [[TJPG Art. 37 - Duty to provide information to|TJPG Art. 37]] - **Detailed citation:** GwG Art. 7 Abs. 2; Art. 34 Abs. 1 (rev.); TJPG Art. 37 ## What it requires Obliged entities must have systems enabling full and speedy responses to enquiries from their FIU or other competent authorities as to whether they maintain or have maintained, within the 5 years before the enquiry, a business relationship with specified persons, and on the nature of that relationship, through secure and fully confidential channels. ## Swiss position GwG Art. 7 Abs. 2 requires the financial intermediary to keep its records so it can meet law-enforcement information and seizure requests within a reasonable time. GwG Art. 34 Abs. 1, revised, requires financial intermediaries and, from 1.10.2026, advisers too, to keep separate databases with documents connected to a report under Art. 9 or StGB Art. 305ter Abs. 2, and to FIU enquiries under Art. 11a. TJPG Art. 37 runs in a different direction: it obliges the regulated legal entity, its shareholders/members and persons in an equivalent position, third parties in the control chain, and beneficial owners to give the Kontrollstelle or its mandated third parties the necessary information and evidence (Abs. 1); contractual counterparties of the entity, its shareholders or its beneficial owners must also supply information needed to verify a beneficial owner's identity, subject to the professional-secrecy carve-out in StGB Art. 321 (Abs. 2). ## Key divergences AMLR Art. 78 is a single, generic duty to maintain systems able to answer, on a confidential channel, whether any relationship exists with a named person over a 5-year lookback -- it is framed around responding to FIU/authority enquiries about client relationships as such. The Swiss provisions are more fragmented and narrower on this point: GwG Art. 7 Abs. 2 addresses general law-enforcement information/seizure requests without a stated 5-year lookback or a 'specified persons' framing; GwG Art. 34 Abs. 1 (rev.) only requires databases for material tied to an actual report or FIU enquiry, not a standing capability to confirm or deny any relationship with a named person on request. TJPG Art. 37 is not an authority-enquiry-response duty at all -- it obliges the entity and connected third parties to supply information to the register's Kontrollstelle for beneficial-ownership verification, a different addressee and purpose than AMLR Art. 78's FIU/competent-authority enquiries. No provision read in this pass states a Swiss 5-year lookback duty comparable to AMLR Art. 78. ## Effective dates GwG Art. 34 Abs. 1 as revised (extending the database duty to advisers) is in force from 1 October 2026 (GwG revision BBl 2025 2899). TJPG Art. 37 is in force from the same date (BBl 2025 2900). ## 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.* - [[GwG Art. 11a - MROS request for additional information|GwG Art. 11a]] — Both concern answering FIU requests about relationships. GwG Art. 11a only obliges involved intermediaries to hand over information after MROS analyses a report; AMLR 78 requires standing systems to answer FIU or other authority enquiries on specified persons, with a five-year look-back and secure channels. *(related)* - [[GwV-FINMA Art. 22 - Documentation and retention of records|GwV-FINMA Art. 22]] — Both require record-keeping organised so authority requests can be answered promptly. GwV-FINMA states a general reasonable-time standard; AMLR specifies relationship enquiries, a five-year look-back and confidential channels. *(related)* - [[GwV-FINMA Art. 39 - Documentation obligations|GwV-FINMA Art. 39]] — Both require documentation organised so the institution can say which persons stand in a relationship with it. GwV-FINMA Art. 39 (implementing Art. 22, banks and securities firms) covers originators of outgoing payments and whether a person is contracting party, controlling person, BO or power-of-attorney holder, without a five-year look-back. *(related)* ## Authoritative text > [!quote]- Regulation (EU) 2024/1624 (AMLR), Article 78 — English text (EUR-Lex, CELEX 32024R1624) > **Article 78** > *Provision of records to competent authorities* > Obliged entities shall have systems in place that enable them to respond fully and speedily to enquiries from their FIU or from other competent authorities, in accordance with national law, as to whether they are maintaining or have maintained, during a five-year period prior to that enquiry a business relationship with specified persons, and on the nature of that relationship, through secure channels and in a manner that ensures full confidentiality of the enquiries. ## Sources - AMLR Art. 78 — CELEX 32024R1624 - GwG SR 955.0, Art. 7 - GwG SR 955.0, Art. 34; GwG (as amended, in force 1.10.2026), Art. 34 - TJPG BBl 2025 2900, Art. 37