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Investment Funds in Luxembourg – 2011 - Ernst & Young - Luxembourg

A technical guide - September 2011Investment Funds in Luxembourg

Table of contents

1. Luxembourg investment funds

2. Current and future developments

3. Regulations applicable to UCIs

4. Investment, borrowing and valuation rules

5. Authorization, supervision, conversion and liquidation

6. Management companies

7. Administration

8. Depositary

9. Fund information and reporting

10. Expenses and taxation

11. Marketing

12. Stock exchange listing

    Appendices:

  • Understanding UCIs

  • Summary of current primary regulations

  • Withholding Tax Rates Applicable to Luxembourg UCIs

  • Glossary

  • Ernst & Young asset management related publications

  • Ernst & Young investment fund services

"A long way to go before investment funds truly become the key savings vehicle of choice" Michael Ferguson

New in this edition − key opportunities and challenges today

Product range

  • New master-feeder UCITS structures
  • Cross-border mergers of UCITS

Operating model

  • Implementation of the UCITS management company passport

Governance, operations and compliance

  • Enhanced requirements of UCITS management companies, e.g., Board governance, senior management and internal control functions – compliance, risk management and internal audit
  • Transparency: key investor information (KII) document phase-in
  • Anti-money laundering and counter-terrorist financing obligations

Distribution

  • Notification procedure simplification for the cross-border distribution of UCITS

Future opportunities and challenges

Product range

  • Review of alternative investment fund (AIF) and UCITS product range
  • Specialist funds such as private equity, venture capital, socially responsible and environmental investment funds

Operating model

  • Alternative investment fund managers (AIFMs)
  • Delegation

Governance, operations and compliance

  • Codes of conduct, remuneration and conflicts of interest
  • Depositary
  • Risk management and valuation
  • Transparency: PRIPs, disclosure to investors, reporting to regulators
  • Specific requirements for exchange-traded and structured UCITS
  • Over-the-counter (OTC) derivatives
  • Short selling

Distribution

  • Cross-border and international marketing and distribution of EU AIFs and by EU AIFMs
  • Marketing and distribution of non-EU AIFs, and by non-EU managers, into Europe
  • Investor appropriateness tests (MiFID review)

About this Technical Guide

Investment Funds in Luxembourg is a technical guide providing, in a clear and concise format, an introduction to Luxembourg as a center for investment funds, the types of funds available and a summary of the regulations applicable to the formation and operation of Luxembourg investment funds. It also covers the regulations applicable to management companies based in Luxembourg, and provisions applicable to other Luxembourg service providers.

The 2011 edition has been updated to cover recent legislation and regulation; it also outlines current and future developments in Luxembourg, the EU and internationally.


 View the table of contents




Contact

  • Michael Ferguson
    Ernst & Young Luxembourg EMEIA Regulated Funds Practice Leader
    +352 42 124 8714
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