Luxembourg Investment Vehicles
Legal and regulatory requirements
Regulated Investment Vehicles
Part II Fund with authorised AIFM
SIF with authorised AIFM
SICAR with authorised AIFM
Law of 13 February 2007, as amended
("SIF law").
Law of 15 June 2004, as amended
("SICAR law").
UCITS ("Part I Fund")
Applicable legislation
Law of 17 December 2010, as amended
("Fund law"), Part I.
Eligible assets
Restricted to:
Transferable securities admitted or dealt on a regulated
market, investment funds, financial derivative
instruments, cash and money market instruments
that are compliant with Article 41 of the Fund law, the
Commission Directive of 19 March 2007 implementing
Council Directive 85/611/EEC as transposed in
Luxembourg by the grand-ducal decree of 8 February
2008, CSSF circular 08/339, CSSF circular 08/380
and the EU regulation 2017/1131 on money market
funds and the related delegated regulations from EU
Commission.
Uncovered short sales and borrowings are not
permitted. Precious metals and certificates
representing them may not be acquired.
Law of 17 December 2010, as amended
("Fund law"), Part II.
Unrestricted.
Prior approval of the investment objective and strategy
by the CSSF.
Unrestricted.
Restricted to direct and/or indirect investment in
securities that represent risk capital.
CSSF Circular 06/241 defines the notion of risk
capital and the way the CSSF will decide if
the investment objective of the SICAR complies
with the requirement to invest in risk capital.
Risk capital consists mainly of high risk investments
made in view of their launch, development or listing
on a stock exchange. Such investments may take
varied forms and are normally done with a medium-
term view.
The SICAR may also marginally enter into financial
derivative instruments on an exceptional basis.
Temporary investment in other assets is allowed
pending investment in risk capital.
Risk diversification requirements
Detailed risk diversification is required per
Articles 42 to 52 of the Fund law.
Risk diversification requirements are detailed in CSSF
Circular 91/75, as amended and are less stringent than
the stringent ones in application for Part I funds.
In addition, specific restrictions are contained in:
CSSF Circular 91/75, as amended for funds investing
in venture capital, futures, options, and real estate.
• CSSF Circular 02/80 for funds adopting an alternative
investment strategy.
Risk diversification requirements are detailed in CSSF
Circular 07/309 and are less stringent than
the ones in application for part I and part II funds under
the Fund Law.
The main requirement for the SIF is in principle
not to invest more than 30% of its assets with
the same issuer.
No risk diversification requirements.
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KPMG
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