Real Estate Acquisition and AMLA: Preparing Your File to Avoid Delays

Real estate purchases can become complicated when a request for supporting documents arrives at the last minute. Preparing a coherent file allows for the organization of exchanges, without presuming that all operations are subject to the same obligations. The right reflex: ask each stakeholder what they need, for what purpose, and through which channel.

Conceptual cover illustration generated by AI.

1. A targeted reform, not a uniform rule

The Federal Council has set October 1, 2026, as the entry into force of the AMLA revision and the new law on the transparency of legal entities. The press release specifically targets certain advisory activities that present particular risks. It also clarifies that the implementation of provisions relating to state notariats is postponed.

The stated profession and the price of a property are not, by themselves, enough to determine the regime of a file. The actual activity, legal conditions, and exceptions must be examined by a competent professional. The recommendations below do not, therefore, constitute a universal list of legally mandatory documents.

2. Building a proportionate file

Start with the identity of the purchaser. For a company, prepare the information allowing one to understand its structure and beneficial owner. Then ask the bank, the notary, or the advisor what supporting documents for financing and equity are necessary in your situation.

The practical goal is to connect the people, the resources, and the payment circuit. A comprehensible explanation is more useful than an accumulation of files without context. A bank's financing agreement does not exempt another stakeholder from their own obligations.

3. Family donation: an example of preparation

Hypothetical case: a purchaser finances part of their equity with a donation. They explain the relationship with the donor and gather the elements requested to document the donation and its transfer. They verify in advance the circuit accepted by the stakeholders.

A payment by a third party is not, in itself, proof of illegality. It may call for clarifications. One should neither promise the acceptance of the file nor transform this situation into an automatic suspicion.

4. The checklist before signing

• Confirm the identity of the parties and their role.
• Clarify the ownership information necessary for a company.
• Request supporting documents adapted to the origin of the equity.
• Verify the consistency between financier, payer, and purchaser.
• Allow time for responses to requests, without inventing a uniform legal deadline.
• Define a secure channel and limit the recipients.

Do not send complete bank histories to all participants by default. Ask for the useful scope, access rights, and retention modalities.

5. Anticipating without replacing legal advice

This preparation improves the readability of the file; it does not settle its subjection. Consult the complete AMLA guide and contact OAKS to coordinate your project with the relevant specialists.

Sources and revision

Federal Council, press release of June 12, 2026; SIF, anti-money laundering. Consulted on November 5, 2026. Editorial revision: November 5, 2026. General information, without individual legal advice.