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Due Diligence Form
I need a due diligence form to assess the financial, legal, and operational aspects of a potential acquisition target, ensuring compliance with Swiss regulations. The form should include sections for risk assessment, financial statements review, and verification of legal obligations.
What is a Due Diligence Form?
A Due Diligence Form helps Swiss businesses and financial institutions verify the identity and intentions of their clients, as required by FINMA regulations and anti-money laundering laws. It captures essential information about customers, their business activities, and the source of their funds to ensure compliance with Swiss banking standards.
Banks, wealth managers, and other financial service providers use these forms to document their risk assessment process and demonstrate proper customer screening. The form typically includes sections about beneficial ownership, politically exposed persons (PEPs), and expected transaction patterns - key requirements under Swiss financial market supervision rules.
When should you use a Due Diligence Form?
Use a Due Diligence Form when establishing new business relationships with clients in Swiss financial institutions, especially during account opening or major transaction processes. This documentation becomes essential for banks, asset managers, and financial intermediaries when onboarding clients who plan to invest above CHF 25,000 or engage in significant financial activities.
The form proves particularly important when dealing with foreign clients, complex corporate structures, or transactions involving high-risk countries. Swiss regulations require enhanced due diligence for situations involving politically exposed persons (PEPs), unusual transaction patterns, or when client behavior raises red flags under FINMA guidelines.
What are the different types of Due Diligence Form?
- Basic Due Diligence Form: Used by smaller financial institutions for standard client relationships and transactions under CHF 100,000
- Enhanced Due Diligence Form: Required for high-risk clients, PEPs, or complex corporate structures with additional verification requirements
- Periodic Review Form: Used for ongoing monitoring of existing clients, typically conducted annually or when significant changes occur
- Transaction-Specific Form: Focuses on individual large transactions or unusual patterns requiring special documentation
- Industry-Specific Forms: Tailored versions for private banking, asset management, or cryptocurrency services with sector-specific risk factors
Who should typically use a Due Diligence Form?
- Financial Institutions: Banks, wealth managers, and securities dealers must maintain Due Diligence Forms as part of their compliance obligations
- Compliance Officers: Review and approve forms, ensure adherence to FINMA guidelines, and maintain documentation standards
- Client Relationship Managers: Gather information, complete forms, and update client profiles during onboarding and reviews
- External Auditors: Examine forms during annual reviews to verify compliance with Swiss anti-money laundering regulations
- Clients: Provide required information and documentation, confirm accuracy of submitted details, and update changes in circumstances
How do you write a Due Diligence Form?
- Client Information: Collect full legal name, date of birth, nationality, residence address, and occupation details
- Business Profile: Document expected account activity, source of funds, and purpose of business relationship
- Risk Assessment: Identify PEP status, high-risk country connections, and complex ownership structures
- Documentation: Gather certified copies of identification documents, proof of address, and company registration papers
- Verification Steps: Check names against sanction lists and confirm beneficial ownership information matches official records
- Internal Review: Have compliance team verify completeness and accuracy before finalizing the form
What should be included in a Due Diligence Form?
- Client Declaration: Formal statement confirming accuracy of provided information and understanding of obligations
- Beneficial Ownership: Clear identification of all persons owning 25% or more of assets or voting rights
- Risk Classification: Documented assessment criteria following FINMA guidelines and internal risk policies
- Transaction Profile: Expected account activity, transaction types, and volume declarations
- Data Protection: Privacy notices compliant with Swiss federal data protection laws
- Regulatory Compliance: References to relevant Swiss anti-money laundering regulations and banking laws
- Signature Block: Date, place, and authorized signatures with capacity statements
What's the difference between a Due Diligence Form and a Due Diligence Checklist?
A Due Diligence Form differs significantly from a Due Diligence Checklist in several key aspects, though they're often confused in Swiss financial compliance processes.
- Legal Status: Due Diligence Forms are official documents that create binding obligations under Swiss banking laws, while checklists serve as internal guidance tools without direct legal force
- Purpose: Forms collect and verify specific client information for regulatory compliance, while checklists track completion of due diligence steps
- Content Structure: Forms require formal declarations and signatures from clients, while checklists typically contain yes/no items for internal use
- Regulatory Role: Forms must be filed with compliance departments and may be reviewed by FINMA, while checklists primarily help staff follow proper procedures
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