why luxembourg? reasons for setting up in the grand duchy

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João Verdades dos Santos International corporate lawyer “Barreau de Luxembourg” (List IV) & “Ordem dos Advogados” Portugal

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This powerpoint describes the advantages for choosing Luxembourg as your prime location in Europe for your cross border business, alternative investments and wealth management needs. Luxembourg is a respected juridisction in the fund industry with new market niches gaining strategic importante like IT, IP, Logistics. Keywords: Luxembourg, SOPARFI, SIF, SICAR, SPF, UCITS, Alternative Investments, Private Equity, Venture Capital, Real Estate, REIF, Funds, Hedge Funds, Securitization, SPV´s, Holdings, International Tax planning, Tax Optimization, Wealth Management, Private Banking, Start Ups, Intelectual Property

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Page 1: Why Luxembourg? Reasons for setting up in the Grand Duchy

João Verdades dos SantosInternational corporate lawyer “Barreau de Luxembourg” (List IV) & “Ordem dos Advogados” Portugal

Page 2: Why Luxembourg? Reasons for setting up in the Grand Duchy

Luxembourg

Page 3: Why Luxembourg? Reasons for setting up in the Grand Duchy

Luxembourg in a nutshell

Population: 525,000 Size: 30 miles wide by 40 miles long; Borders with Belgium, France and Germany; Second richest country in the world (for IMF); Languages: French, German, Luxembourgish; English is widely used in Business. Luxembourg ranked 1st for Personal Safety in

Mercer´s Quality of Life Survey.

Page 4: Why Luxembourg? Reasons for setting up in the Grand Duchy

Luxembourg in a nutshell

Renowned international financial centre (pro-active business government, always encouraging foreign investments);

Economically stable: low national debt (below 20% of GDP vs max 60% imposed by EU);

AAA credit rating in all rating agencies: solid political and economical environment;

Credibility of Luxembourg Banking system.

Page 5: Why Luxembourg? Reasons for setting up in the Grand Duchy

Why Luxembourg?

Founding member of OECD and the EU; Stable governments – coalition culture; Business and entrepreneurial environment; Global Financial Centre:

• more funds in Luxembourg than any other country apart from USA

• 142 banks from 26 countries;

Page 6: Why Luxembourg? Reasons for setting up in the Grand Duchy

Why Luxembourg?

The biggest wealth management centre in the Eurozone area;

Main European and International Private Equity hub;

Offers tax efficient investment vehicles; Developed IT and technology infrastructures; Logistics and global distribution platforms; Alternative location for maritime business.

Page 7: Why Luxembourg? Reasons for setting up in the Grand Duchy

Why Luxembourg?

Pragmatic business approach from tax authorities facilitating cross border investments (holding, financing, real estate, etc.) and added value functions (IP management, distribution, entrepreneurial, etc.);

Tax clearance mechanism available to secure tax treatment;

Well known stability and predictability of Luxembourg tax framework.

Page 8: Why Luxembourg? Reasons for setting up in the Grand Duchy

Why Luxembourg?

Extensive international tax treaty network (to date 67 treaties in force with recent focus to negotiate treaties with Asian, Middle Eastern and Latam countries);

Luxembourg maintains competitive strategic trade and investment relationships outside EU: USA, Canada, Brazil, China, Middle East);

Luxembourg is also active in cooperation for development (microfinance).

Page 9: Why Luxembourg? Reasons for setting up in the Grand Duchy

Luxembourg Double Tax Treaties Network

Page 10: Why Luxembourg? Reasons for setting up in the Grand Duchy

International Tax Perspective

Page 11: Why Luxembourg? Reasons for setting up in the Grand Duchy

Luxembourg Companies

Commercial Companies:• Private limited company (S.à r.l)• Public Limited company (S.A.)• Limited Partnership by shares (S.C.A)• Limited Partnership (S.C.S)• General Partnership (S.N.C);

Limited Partnership and General Partnerships although tax transparent have legal personality.

Page 12: Why Luxembourg? Reasons for setting up in the Grand Duchy

Investment Structures

SOPARFI – Holding company; SPF – Family wealth company – tax exempt

entity for management of family owned assets; SIF – Specialized investment fund – tax

exempt and lightly regulated used for alternative investments and diversified assets;

SICAR – Tax advantaged vehicle for the management of equity in venture capital or private equity.

Page 13: Why Luxembourg? Reasons for setting up in the Grand Duchy

Investments - UCITS Funds

Undertakings for Collective Investment in Transferable Securities (EU Directive 85/611/CE of 20 December);

Luxembourg was the first country to implement the UCITS Directive;

The Grand Duchy played an important role in the creation of an European market for retail investment funds,

Page 14: Why Luxembourg? Reasons for setting up in the Grand Duchy

Investments - UCITS Funds

Large number of promoters from Switzerland and USA selected selected Luxembourg as a gateway to the European market;

The strong regulation of UCITS and high level of investor protection have made them popular with supervisory authorities and retail investors all over the world.

Page 15: Why Luxembourg? Reasons for setting up in the Grand Duchy

Investments - UCITS Funds

Luxembourg is a leading investment fund centre in Europe and second one in the world behind the United States;

Luxembourg UCITS have a large market share in Asian and Latin American countries

Flexibility in fund design, allowing products to be tailored to the needs of each specific market or client group;

Page 16: Why Luxembourg? Reasons for setting up in the Grand Duchy

Our Idea is to

Offer tailor made legal, corporate and tax efficient solutions to individuals (HNWI, Entrepreneurs), corporations, law firms, consultants, financial institutions and banks.Target Portuguese speaking countries and expat communities (including Luxembourg) Promote Luxembourg as a gateway to cross border investments.

Page 17: Why Luxembourg? Reasons for setting up in the Grand Duchy

Conclusion

Luxembourg is a well know mature international regulated and flexible financial centre; Global hub for the fund industry;Booming IT, Ecommerce and Start-up Environment;Prime location to setup your business.

Page 18: Why Luxembourg? Reasons for setting up in the Grand Duchy

Thank you !!

Page 19: Why Luxembourg? Reasons for setting up in the Grand Duchy

Contacts

João Verdades dos SantosAvocat/Advogado14A, rue des Bains

L-1212 Luxembourggsm: (+352) 661822047 - office: (+352) 27858688

fax: (+352) 462181skype: dr_verdades_dos_santoswww.linkedin.com/in/jmvsantos

[email protected]@drvs.lu