Documents Required

Identification documents for all parties

The FINMA-licensed trustee must identify and verify the identity of all parties involved in the trust, in accordance with the Anti-Money Laundering Act (AMLA) and the FINMA Anti-Money Laundering Ordinance (AMLO-FINMA). The documents required vary depending on the status of each party (natural person or legal entity).

For the settlor

• Certified copy of a valid passport or identity card
• Recent proof of address (less than 3 months old): utility bill, certificate of residence or extract from the register of residents
• Tax identification number (TIN) in each jurisdiction of tax residence
• Tax self-certification form (CRS/FATCA self-certification)
• Curriculum vitae or detailed professional profile
• For politically exposed persons (PEPs): PEP declaration with details of the position held

For beneficiaries

• Certified copy of passport or identity card for each named beneficiary
• Recent proof of address for each named beneficiary
• Tax identification number in each jurisdiction of tax residence
• Tax self-certification form (CRS/FATCA)
• For minor beneficiaries: copy of birth certificate and identity documents of the legal representative

For the protector (if applicable)

• Certified copy of passport or identity card
• Recent proof of address
• Curriculum vitae or professional profile
• Declaration of absence of conflicts of interest

Source of funds documentation

Verifying the lawful origin of funds is a central obligation of the Swiss trustee. The documentation must enable a credible and verifiable tracing of the assets from their source to the trust.

• Business wealth: Business sale agreements, financial statements for recent years, audit reports, share transfer agreements
• Professional income: Tax returns for recent years, employer certificates, bank statements showing wealth accumulation
• Inheritance: Death certificate, will, certificate of inheritance, succession authority decision, deceased's bank statements
• Real estate income: Notarised acquisition and sale deeds, property valuations, rental income statements
• Financial investments: Portfolio statements, bank certificates, history of significant transactions
• Gift: Deed of gift, documentation relating to the donor's source of funds

The trustee may request additional documents depending on the risk profile of the file. For complex structures involving multiple jurisdictions or large amounts, enhanced due diligence is systematically carried out.

Trust constitutive documents

The legal documents required for the formal establishment of the trust are prepared in coordination between the trustee, specialist lawyers in the jurisdiction of establishment and the settlor's advisers:

• Trust Deed: The founding document containing the terms of the trust, the trustee's powers, the classes of beneficiaries and the distribution rules
• Letter of Wishes: A confidential document expressing the settlor's non-binding intentions
• Schedule of assets: A detailed list of assets transferred to the trust upon establishment
• Deed of appointment / retirement: In the case of a change of trustee, the formal deed appointing the new trustee and retiring the former one
• Memorandum of structure: An internal document describing the economic rationale for the trust and the considerations underlying its structuring

Banking documents

Opening a bank account in the name of the trust with a Swiss bank requires a specific set of documents, in addition to the identification documents already mentioned:

• Certified copy of the trust deed
• Form A (identification of account holder) and Form T (identification of trust)
• Discretionary management or advisory mandate (if applicable)
• Investment profile and risk tolerance
• Trustee resolution authorising the account opening
• List of authorised signatories with specimen signatures

The bank conducts its own due diligence, which can take 4 to 8 weeks. It is recommended to anticipate this step by initiating the banking process as soon as the constitutive documents are finalised.