ARTICLE
12 November 2020

Chambers And Partners - Practice Guide - Alternative Funds 2020 - Luxembourg Chapter

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Arendt & Medernach

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About Arendt

Arendt combines the entire value chain of services dedicated to Asset Managers, Banks, Insurers, Public Institutions and Private Clients operating in Luxembourg.

-Legal & Tax
-Regulatory & Consulting
-Investor Services

Legal & Tax

We assist clients in structuring and running their business from a legal and tax standpoint across Luxembourg. Our teams directly serve international clients or work in close collaboration with foreign partner law firms.

Together with our regulatory consultants and investor services experts, we bridge the gap between legal/tax advice and its implementation. We deliver best-in-class services along our clients’ business life cycles.

The 450 legal experts of Arendt & Medernach have a wealth of experience in a wide variety of specialisations. Together, they are able to advise on a complete range of 15 complementary practice areas

Our experts Isabelle Lebbe, Pierre Beissel, Rodrigo Delcourt and Claudia Hoffmann are the authors of the Luxembourg's jurisdiction Chapter.
Luxembourg Finance and Banking

Alternative Funds 2020 guide covers 19 jurisdictions. It discusses fund structures, cryptocurrencies and non-traditional assets, tax regimes, double-tax treaties, disclosure/reporting requirements, fund managers, permanent establishments, marketing, and the FATCA/CRS compliance regime.

Our experts Isabelle Lebbe, Pierre Beissel, Rodrigo Delcourt and Claudia Hoffmann are the authors of the Luxembourg's jurisdiction Chapter.

Last update: October 2020

Download the Luxembourg Chapter here_

Access the full guide online here_


Content

1 General
1.1 General Overview of Jurisdiction

2 Funds
2.1 Types of Alternative Funds
2.2 Fund Structures
2.3 Regulatory Regime
2.4 Loan Origination
2.5 Cryptocurrencies and Non-traditional Assets
2.6 Regulatory Approval Process
2.7 Requirement for Local Investment Managers
2.8 Other Local Requirements
2.9 Rules Concerning Other Service Providers
2.10 Requirements for Non-local Service Providers
2.11 Tax Regime
2.12 Double-Tax Treaties
2.13 Use of Subsidiaries for Investment Purposes
2.14 Origin of Promoters/Sponsors of Alternative Funds
2.15 Origin of Investors in Alternative Funds
2.16 Destination of Investments Made by Alternative Funds
2.17 Key Trends
2.18 Disclosure/Reporting Requirements
2.19 Anticipated Changes

3 Managers
3.1 Legal Structures Used by Fund Managers
3.2 Regulatory Regime
3.3 Tax Regime
3.4 Rules Concerning "Permanent Establishments"
3.5 Taxation of Carried Interest
3.6 Outsourcing of Investment Functions/Business Operations
3.7 Local Substance Requirements
3.8 Local Regulatory Requirements for Non-local Managers

4 Investors
4.1 Types of Investor in Alternative Funds
4.2 Marketing of Alternative Funds
4.3 Rules Concerning Marketing of Alternative Funds
4.4 Local Investors
4.5 Regulatory Regime
4.6 Disclosure Requirements
4.7 Tax Regime
4.8 FATCA/CRS Compliance Regime

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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