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Investment funds

SIF lawyer in Luxembourg

The firm supports the creation of a SIF, the specialised investment fund reserved for well-informed investors and placed under the supervision of the CSSF: multi sub-fund structuring, drafting of the articles, the prospectus and the agreements, organisation of governance and coordination with the authorised AIFM and the depositary.

In short

A SIF is a Luxembourg specialised investment fund, reserved for well-informed investors and, unlike a RAIF, subject to CSSF supervision. The lawyer structures the SIF and its sub-funds, drafts the articles, prospectus and agreements, and coordinates the service providers, including the authorised AIFM and the depositary.

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Maître Cora Maglo, Avocate à la CourResponsible for legal content: Maître Cora Maglo, Avocate à la Cour, Liste I du Barreau de Luxembourg depuis 2009. · Applicable law: Luxembourg

SIF lawyer in Luxembourg: key points at a glance

Fees, timeframes, documents and deliverables
ItemWhat to know
FeesStated fees. Consultation from 175 € excl. VAT; creation and documentation of a SIF on a tailored quote, from 1 500 € depending on the structure and the number of sub-funds. Everything is quoted before any engagement.
Indicative timingThe structuring and the first documentation are delivered within a few business days; the final set-up is scheduled according to the supervision of the CSSF and coordination with the AIFM and the depositary.
Documents required
  • Investment strategy and architecture of the sub-funds
  • Profile of the targeted well-informed investors
  • Identity of the authorised AIFM and the depositary
  • Fundraising, governance and distribution objectives
Deliverables
  • Structured SIF and drafted legal documentation (articles, prospectus)
  • Drafted management, depositary and central administration agreements
  • Organisation of governance and coordination of service providers with a view to CSSF supervision

The SIF (specialised investment fund) is a regulated Luxembourg vehicle reserved for well-informed investors: unlike the RAIF, it is subject to the supervision of the CSSF, which entails documentation and governance meeting the supervisor’s requirements. Its multi sub-fund structure allows several strategies to be isolated within a single fund.

Cerno Law Firm acts as legal counsel to the initiator: the firm structures the SIF, drafts its documentation and organises its governance, in coordination with the authorised AIFM, the depositary, the central administration and the auditor. The firm does not hold itself out as an AIFM and provides no CSSF-regulated management service.

SIF lawyer in Luxembourg: when should you call on the firm?

As an initiator, manager or family office, you are launching a regulated fund aimed at well-informed investors and must secure its structuring and documentation under CSSF supervision.

Without documentation that meets the supervisor’s expectations and sound governance, the SIF exposes the fundraising to delays and the initiator to reworks during the CSSF’s review.

What happens if you do nothing?

A prospectus that does not comply with the supervisor’s requirements, a poorly articulated sub-fund structure, poorly defined access conditions for well-informed investors, governance poorly coordinated with the AIFM and the depositary.

A poorly documented SIF delays the set-up, complicates the entry of investors and exposes both the initiator and the service providers to friction over the terms of the investment.

How does the firm step in?

Structuring of the SIF and its sub-funds, drafting of the articles, the prospectus and the agreements, definition of the access conditions for well-informed investors, organisation of governance and coordination of the service providers with a view to CSSF supervision.

Cerno is a law firm admitted to the Luxembourg Bar: the digital tools serve only to simplify the collection of information, the qualification of the matter and the tracking of steps; they never replace the lawyer’s advice, who drafts each clause. The regulated management of the SIF is the responsibility of an authorised AIFM, with whom the firm works in coordination.

Practice areas

When to call on the firm

  • Launch a regulated fund reserved for well-informed investors.
  • Structure a multi sub-fund SIF isolating several strategies.
  • Draft documentation that complies with the CSSF’s expectations.
  • Organise governance between the initiator, the AIFM and the depositary.

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Stated fees

Consultation from 175 € excl. VAT; creation and documentation of a SIF on a tailored quote, from 1 500 € depending on the structure and the number of sub-funds. Everything is quoted before any engagement.

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FAQ

Frequently asked questions

Who can invest in a SIF?

The SIF is reserved for well-informed investors: institutional and professional investors and investors meeting the access conditions provided for by law. The firm defines these conditions in the fund’s documentation.

Is the SIF supervised by the CSSF?

Yes. Unlike the RAIF, the SIF is a regulated fund subject to the supervision of the CSSF. Its documentation and governance must meet the supervisor’s requirements, which the firm structures.

Does the firm manage the SIF?

No. Cerno is a law firm: it supports the legal structuring and documentation of the SIF. Regulated management is the responsibility of an authorised AIFM, with whom the firm works in coordination.

Can several sub-funds be created within a SIF?

Yes. The SIF can be structured into several sub-funds, each isolating a distinct strategy and a distinct pool of assets. The firm articulates this architecture in the articles and the prospectus.

Handled with our network of partners. On regulated matters (funds, AIFM, depositary, CSSF authorisation), Cerno Law Firm provides legal advice and coordination, working where appropriate with lawyers and partners holding the required expertise (management, depositary, CSSF compliance). You keep a single point of contact.

Member of

Affiliations & professional networks

  • Barreau de Luxembourg
  • European Immigration Lawyers Network (EILN)
  • Union des Avocats Européens (AEA)
  • Cross Border Advisory Solutions
  • Institut Luxembourgeois des Administrateurs (ILA)
  • Association Luxembourgeoise des Juristes de Droit Bancaire (ALJB)

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Written by Maître Cora Maglo, attorney at law.

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Founded in 2013; Maître Cora Maglo has been admitted to the Luxembourg Bar since 2009

2013
independent firm
2009
at the Bar since 2009
4,7/5
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Expertise & authority

Ongoing review and analysis of Luxembourg and European case law

Avocate à la Cour, List I of the Luxembourg Bar since 2009

Trained at the London School of Economics, formerly at Clifford Chance and Bonn Steichen & Partners

Member of international networks: EILN, AEA, Cross Border Advisory Solutions

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