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Open SPV/SPE in Luxembourg

Updated on Friday 27th January 2023

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Open-SPV-SPE-in-LuxembourgLuxembourg is one of the first countries in Europe to adopt a legislation on securitization and the entities that can be established. The Luxembourg Securitization Act was enabled in the spring of 2004 and allows for the securitization of a great number of assets, types of incomes and risks which would be accessible to both individual and institutional investors. The following types of assets can be securitized by special purpose vehicles or entities (SPVs/SPEs) in Luxembourg:
  • -          securities, such as shares, bonds or loans;
  • -          real estate property which can be movable or immovable;
  • -          commercial debts;
  • -          mortgages.
Our company registration agents in Luxembourg can offer more information on the law providing for SPVs and SPEs in the Grand Duchy.
 

Legal structures used for SPVs in Luxembourg

 
The Commercial Law provides for several types of companies one can set up in Luxembourg. Some of these structures can also be used to open special purpose vehicles in Luxembourg. Among them are:
Foreign investors may also use securitization funds to set up a SPV or a SPE in Luxembourg, however this type of entity will have no legal personality. No matter the structure used, the Luxembourg SPV may be compartmented.
 

How to register the Luxembourg special purpose vehicle

 
The establishment of the SPV will begin with the company registration process in Luxembourg. For this, the company must be entered into the Commercial Register after which it will apply for approval with the Luxembourg Financial Supervisory Authority, the CSSF. Luxembourg SPVs registered as public companies, will be subject to continuous supervision under the rules of the CSSF because this type of company may trade its assets on the Luxembourg capital markets.
A Luxembourg SPV or SPE may engage in two types of transactions:
 
  • -          the acquisition or purchase of assets;
  • -          the issuance of securities.
 
Also, Luxembourg does not impose any restrictions on the assets of a SPV.
 
Our accountants can offer you payroll services in Luxembourg if you have a company registered in this country. With the help of this type of service, salaries can be paid in the company, respecting internal regulations, as well as other accounting legislation. Therefore, we recommend you get in touch with us and discover our services, as well as benefit from a free case evaluation.
 
For assistance in opening a SPV in Luxembourg, please feel free to contact us. Our Luxembourg company formation consultants can also offer information about the taxation of SPVs and SPEs.
 
 

Meet us in Luxembourg

Contact our specialists in company formation in Luxembourg, who have a large experience in finance and international business. 

Set up an appointment with us at +352 671 533 922. Alternatively you can incorporate your company without traveling to Luxembourg.
 

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As a BridgeWest partner for many years, CompanyFormationLuxembourg.com is for sure a great choice when wanting to start a business in this important financial hub. International entrepreneurs can rely on the professionalism of this team.

Vlad Cuc, Director of BridgeWest www.bridgewest.eu

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