FAQ concerning the Luxembourg Law of 12 July 2013 on alternative investment fund managers is a CSSF FAQ, published 18 June 2013.
\nLegal basis: Law of 12 July 2013 on alternative investment fund managers, Law of 17 December 2010 on undertakings for collective investment, Law of 13 February 2007 on specialised investment funds, Law of 15 June 2004 on the investment company in risk capital (SICAR), Law of 13 July 2005 on institutions for occupational retirement provision (SEPCAV and ASSEP), Law of 13 July 2005, Law of 5 April 1993 on the financial sector, Law of 12 November 2004 on anti-money laundering, Law of 23 December 1998 creating the CSSF, Law of 10 August 1915 on commercial companies, Law of 19 December 2002 on the trade and companies register, Income Tax Law of 4 December 1967, Loi du 1er décembre 1936 sur l'impôt foncier, Loi sur l'impôt sur la fortune du 16 octobre 1934, VAT Law of 12 February 1979, Loi du 23 juillet 2015.
\nRelevant for: AIFMs, Consumer protection, Credit institutions, Investment firms, Specialised PFS.
\nKeywords: Accounting, Authorisation, Central administration, Depositary, Marketing, NAV calculation, UCI administration.
\nThis consolidated text was drawn up by the CSSF for information purposes only. In case of discrepancies between the French and the English consolidated texts, the texts published in the Journal officiel du GrandDuché de Luxembourg are the sole authoritative and universally valid versions.
\nLaw of 12 July 2013 on alternative investment fund managers Law of 12 July 2013 on alternative investment fund managers –
\ntransposing Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011 on Alternative Investment Fund Managers and amending Directives 2003/41/EC and 2009/65/EC and Regulations (EC) No 1060/2009 and (EU) No 1095/2010; amending: – the Law of 17 December 2010 relating to undertakings for collective investment, as amended; – the Law of 13 February 2007 relating to specialised investment funds, as amended; – the Law of 15 June 2004 relating to the investment company in risk capital (SICAR), as amended; – the Law of 13 July 2005 on institutions for occupational retirement provision in the form of a SEPCAV and an ASSEP, as amended; – the Law of 13 July 2005 on the activities and supervision of institutions for occupational retirement provision; – the Law of 5 April 1993 on the financial sector, as amended; – the Law of 12 November 2004 on the fight against money laundering and terrorist financing, as amended; – the Law of 23 December 1998 establishing a financial sector supervisory commission (“Commission de surveillance du secteur financier”), as amended; – the Law of 10 August 1915 on commercial companies, as amended; – the Law of 19 December 2002 on the trade and companies register and the accounting practices and annual accounts of undertakings, as amended; – the Commercial Code; – the Law of 4 December 1967 on income tax, as amended; – the Law of 1 December 1936 on business tax, as amended; – the Law of 16 October 1934 on fiscal adjustment, as amended; – the Law of 16 October 1934 on the valuation of assets and values, as amended; – the Law of 12 February 1979 on value added tax, as amended (Mém. A 2013, No 119)
\nas amended by: −
\nthe Law of 23 July 2015: transposing Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013; transposing Articles 2 and 3 of Directive 2011/89/EU of the European Parliament and of the Council of 16 November 2011; transposing Article 6(6) of Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011; amending: 1. the Law of 5 April 1993 on the financial sector, as amended; 2. the Law of 23 December 1998 establishing a financial sector supervisory commission (“Commission de surveillance du secteur financier”), as amended; 3. the Law of 12 July 2013 on alternative investment fund managers; (Mém. A 2015, No 149)
\nthe Law of 15 March 2016 on OTC derivatives, central counterparties and trade repositories and transposing: Directive 2013/14/EU of the European Parliament and of the Council of 21 May 2013 amending Directive 2003/41/EC on the activities and supervision of institutions for occupational retirement provision, Directive 2009/65/EC on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) and Directive 2011/61/EU on Alternative Investment Fund Managers in respect of over-reliance on credit ratings; and implementing: 1. Regulation (EU) No 260/2012 of the European Parliament and of the Council of 14 March 2012 establishing technical and business requirements for credit transfers and direct debits in euro and amending Regulation (EC) No 924/2009; 2. Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories; and 3. Regulation (EU) No 462/2013 of the European Parliament and of the Council of 21 May 2013 amending Regulation (EC) No 1060/2009 on credit rating agencies; and amending: 1.
\nThe text above is the opening of the document; the PDF carries the whole.
\nDocument page, PDF. Source: Commission de Surveillance du Secteur Financier (CSSF), reproduced with the CSSF's consent. The French text prevails.
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