On 25th February 2025, the Administration de l'Enregistrement, des Domaines et de la TVA – Registration Duty, Estate and VAT Authority ("AED"), being the supervisory authority in Luxembourg responsible for ensuring AML/CFT compliance by, inter alia, unregulated funds, launched a campaign to invite all unregulated Alternative Investment Funds ("AIFs") to populate and submit specific documents as part of the increased AML/CFT supervisory measures adopted by the AED towards unregulated AIFs.
The main purpose of this news item is to prompt unregulated AIFs of the obligation to submit the below-mentioned three documents by 30th June 2025 to the AED via the following email address: AED.finvehicles@en.etat.lu.
- AIF RC RR Identification Form
- 2024 AIF AML/CFT Questionnaire
- 2024 Annual RC Report
The information to be disclosed within the 2024 AIF AML/CFT Questionnaire and 2024 Annual RC Report should include data and activities carried out by the AIF as of 31st December 2024.
Further insight on each of the above-mentioned documents can be obtained through the AED's website via a specific section relating to Luxembourg AIFs.
Previously, the above-mentioned submissions were only applicable to Reserved Alternative Investment Funds ("RAIFs"), bearing a deadline by the end of May. However, these submissions now also apply to all funds under the AED's supervision, with an extended deadline by the end of June.
In view of the above, unregulated funds subject to these reporting requirements should have in place a robust AML/CFT framework, inter alia including; (i) an effective AML/CFT policy and procedures, (ii) comprehensive AML/CFT risk assessments including information on risks included in the national and supranational risk assessment, and as communicated by other supervisory authorities, (iii) a person responsible for compliance with the professional obligations as regards the fight against money laundering and terrorist financing – responsable du respect ("RR") and an AML/CFT Compliance Officer – responsable du contrôle ("RC"), and (iv) key information relating to AML/CFT compliance from delegates, to ultimately ensure full compliance with the above.
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.
