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Setting up an SPF in Luxembourg

The SPF (family wealth management company) is a Luxembourg structure reserved for the holding of financial assets by individuals. It may not carry on any commercial activity and benefits from a specific tax regime. The firm verifies its eligibility and handles its incorporation.

In short

The SPF (family wealth management company) in Luxembourg is a structure reserved for holding financial assets on behalf of natural persons. It may carry on no commercial activity, on pain of losing its specific tax regime. Cerno Law Firm checks its eligibility, drafts the articles and oversees its incorporation.

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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

Setting up an SPF in Luxembourg: key points at a glance

Fees, timeframes, documents and deliverables
ItemWhat to know
FeesFixed fee announced. Depending on the underlying corporate form and the complexity of the wealth involved.
Indicative timingIncorporation within one to two weeks, depending on the underlying corporate form and the formalities.
Documents required
  • Nature of the assets to be housed
  • Identity of the beneficiaries (individuals)
  • Wealth objectives
Deliverables
  • SPF eligibility analysis
  • Articles of association
  • Framework of permitted activities

The SPF, created by the Law of 11 May 2007, is used exclusively to manage private wealth (securities, cash, financial instruments). It is prohibited from carrying on any commercial activity and may not directly hold operational real estate.

Cerno Law Firm confirms whether the SPF is suited to your situation and oversees its incorporation and operation.

Setting up an SPF in Luxembourg: when should you call on the firm?

You wish to house and manage private financial wealth.

The SPF is subject to strict restrictions that must not be crossed.

What happens if you do nothing?

An unauthorised activity leading to the loss of the SPF regime, or the holding of prohibited assets.

Inappropriate use exposes the company to reclassification.

How does the firm step in?

Eligibility analysis, choice of the underlying corporate form, drafting of the articles of association and definition of the permitted activities.

Advice on the limits to be observed in order to preserve the regime.

Practice areas

When to call on the firm

  • Manage a private securities portfolio.
  • Organise the holding of family wealth.
  • Separate private wealth from professional activities.
  • Prepare a transfer of wealth.

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Fixed fee announced

Depending on the underlying corporate form and the complexity of the wealth involved.

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FAQ

Frequently asked questions

Who may hold an SPF?

Only individuals acting in the management of their private wealth, or wealth-holding entities acting on their behalf.

May an SPF carry on a commercial activity?

No. Any commercial activity is prohibited and results in the loss of the SPF regime.

May an SPF hold real estate?

Not directly for operational purposes; it may hold shares in companies, subject to conditions. The firm reviews each case.

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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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

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