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Overview

Luxembourg is one of the most experienced and dynamic global investment fund centers in Europe. The success of the country can be attributed to political stability, the encouragement to foreign capital and investment, favorable and well-defined legislation, availability of multilingual staff and professional expertise.

Timeframe: up to 4 months

Minimum capital requirements: Management companies must have a minimum capital of EUR 1 250 000.00. plus additional own funds calculated as a percentage of the assets under management. Self-management companies have a minimum capital requirement of EUR 300,000.00.

Overview

UCITS are designed for retail investors, and benefit from the European Passport, enabling them to be freely marketable throughout the EU countries with a minimum of formalities. 

The European passport allows a UCITS to be sold to all types of investors and registered for distribution in all EU Member States. The fact that a UCITS is no longer obliged to follow an authorization process in each market has considerably accelerated the process of launching a UCITS and reduced related costs. Although Minimum capital requirement of EUR 1.25 Mio has to be reached within six months following approval.

The strong regulation of UCITS and the resulting high level of investor protection have made them popular with supervisory authorities and retail investors all over the world. The UCITS brand and, particularly, Luxembourg UCITS have a large market share in a number of Asian and Latin American countries.

Comprehensive Guide to Company Incorporation

General information

Company structure

  • Investment Manager as the initiators of the fund
  • Two Conducting Persons that reside in Luxembourg must be appointed
  • A Custodian for asset safekeeping, fund and provider supervision
  • An Administrator for operational support

Taxation

  • exempt to Income tax
  • not subject to withholding tax on dividends and capital gains
  • exempt to Net wealth tax
  • VAT exemption on management services

Registered office – Not required

Registered agent – Not required

Secretary – Not required

Accounting and Audit requirements

  • Annual audit 
  • Semi-annual reporting

Company name

  • ▪Language: Any
  • ▪Letters: From Roman alphabet
  • ▪Restricted any name that is identical or similar to an existing company 
  • ▪Names that are misleading or deceptive are prohibited
  • ▪Offensive names are prohibited

In order to obtain a license, the following steps will be carried out:

  • Gathering necessary documents in agreed form
  • Preparing Application for Regulatory Approval
  • Bank account opening
  • Following up and monitoring your submission until Regulator approval and publication on the Commission de Surveillance du Secteur Financier (CSSF) website and the Luxembourg official gazette (Le Memorial)

In order to obtain license, Offshorelicense will fill all necessary application forms and also acquire apostilled corporate documents. 

For that reason, please provide us with the following documents.

  • Details of all proposed Directors, with each providing the following:

– Copy of passport

– CV

– Declaration of honor

– Extract from criminal records

  • Duly completed questionnaire form
  • Other documents requested by the Authority, such as the following: 

– Prospectus

– The Risk Management Process

– The Business Plan

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