Commissaire à la Liquidation in Luxembourg

Commissaire à la Liquidation Commissaire à la Liquidation in Luxembourg: when is one required — and when is it not? The role of commissaire à la liquidation is frequently misunderstood. In many Luxembourg corporate liquidations it forms part of the standard closing process. But it is not correct to assume that every Luxembourg entity in […]

Governance Advisory for Luxembourg Funds

Advisory & Consulting When does a Luxembourg fund or SPV need temporary senior advisory support? Not every issue justifies a permanent hire or a new outsourced provider. Sometimes a Luxembourg fund, GP or SPV needs experienced support for a defined period: to diagnose a problem, remediate it, coordinate the existing providers and leave behind a […]

Luxembourg Fund and SPV Structure Set-Up

Structure Set-Up Setting up a Luxembourg investment structure: the legal vehicle is only the first decision. When sponsors say: “We need a Luxembourg SCSp” the SCSp is often only one part of the answer. A Luxembourg investment structure may involve several distinct decisions: legal form, fund status, AIFM status, governance, service providers, tax, AML, FATCA/CRS, […]

FATCA and CRS Reporting in Luxembourg

FATCA & CRS FATCA and CRS in Luxembourg: classification comes before reporting. FATCA and CRS reporting is often approached as an annual June exercise. That is a mistake. The first and most important question is not: “What do we have to report?” It is: “What is the entity?” A Luxembourg fund, holding company, securitisation vehicle […]

Liquidator in Luxembourg, Voluntary Liquidation

Liquidator Voluntary liquidation in Luxembourg: when is a liquidator required and what actually happens? A Luxembourg entity reaching the end of its useful life should not simply be left dormant. Once an investment has been realised, financing repaid or a fund reaches the end of its term, the structure may need to be formally wound […]

RC and AML/CFT Oversight in Luxembourg

RC / AML-CFT Oversight The Luxembourg RC: which funds need one and what does the role actually involve? The role of Responsable du Contrôle, commonly referred to as the RC, has become one of the central components of AML/CFT governance for Luxembourg investment structures. But appointing an RC is only the beginning. The RC is […]

Independent Director in Luxembourg

Independent Directorship & Governance Local governance is more than a corporate formality Setting up a Luxembourg company is relatively straightforward. Ensuring that it is genuinely governed from Luxembourg is a different matter. Every Luxembourg company must have a competent management body appropriate to its legal form. For example, the board of directors of an SA […]