IFRS news - November 2018
On 22 October 2018, the IASB issued amendments to the guidance in IFRS 3, ‘Business Combinations’, that revises the definition of a business.
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Observatory for Management Companies
Welcome to PwC's Observatory for Management Companies.
Luxembourg hosts more than 300 Management Companies (a.k.a. ManCo), holding a UCITS or AIFM licence, or both. In 2017, they confirmed their rise with a growth of 6,3%, according to the 2018 Barometer of the Observatory for Management Companies, with 12 new ManCos that were created.
Through PwC's Observatory for Management Companies, we pursue in depth analysis of the ManCo world and connect the dots to give you an outstanding view of where the industry is, to make you understand the latest figures and trends and to guide you as a trusted partner in your business plans for the future.
Consequently, this in depth analysis led us to create both:
- a ManCo Index, providing you with a quantitative overview of the sector - number of firms, AuMs, and number of employees; and
- a barometer poster, showing the evolution of ManCos on a yearly basis.
Order your copy
The 2018 edition of our Observatory for Management Companies Barometer is available. Get your copy by filling in the form.
Management Companies snapshots (@ 30 June 2018)
Explore the ManCo data
Explore the ManCo data
The PwC ManCo Index measures ManCos' activities in Luxembourg. Discover the latest trends regarding the growth in the number of UCITS ManCos and AIFMs, the number of employees in the UCITS Mancos, and the evolution of their AuM.
Other ManCo market data
Browse our most recent data and get a grasp on the world of Management Companies.
Luxembourg Regulatory Framework
All regulated investment vehicules, which are investment funds (UCITS, Part II and SIF funds) shall appoint a Management Company or be "self-managed". UCITS may only appoint a Management Company subject to Chapter 15 of the 2010 Law whereas, Part II and SIF funds may appoint either a Management Company subject to Chapter 15 of the 2010 Law or a Management Company subject to Chapter 16 of the 2010 Law. In case of AIFs, there is need to have an alternative investment fund manager ("AIFM") or to have an "internally-managed" AIF status.
Main laws and regulations:
- Law of 17 December 2010 on undertakings for collective investment
- Law of 12 July 2013 on Alternative Investment Fund Managers
- CSSF Circular 12/546 on Authorisation and organisation of UCITS Management Companies and self-managed SICAVs
- CSSF Regulation 10-04 on Organisational requirements, conflicts of interest, business conduct, risk management and content of agreement between the Depositary and the Management Company
Management Company and "self-managed" SICAV status
All investment funds (UCITS, Part II UCIs and SIFs) must either appoint a Management Company or be "self-managed" (if they are not organised under the contractual form). UCITS can only appoint a Management Company subject to Chapter 15 of the UCI Law whereas, Part II UCIs and SIFs may appoint either an AIFM or a Management Company subject to Chapter 16 of the UCI Law.
The activity of a Chapter 15 Management Company is the collective portfolio management of at least one UCITS, which encompasses three sub-functions:
- investment management;
- risk management
- administration; and
- marketing.
A Chapter 15 Management Company might, in addition (subject to additional requirements in terms of capitalisation, general organisation of the Management Company, and compliance with certain MiFID rules):
- manage individual portfolios on a discretionary basis for private clients or pension funds;
- provide investment advice; and
- perform safekeeping of fund’s shares or units.
The activity of a Chapter 16 Management Company is the collective portfolio management of all types of investment vehicles, except UCITS.
When the fund does not appoint a Management Company and is organised under a corporate form, it may alternatively choose to be a self-managed SICAV/SICAV. It remains a “product” as such, the units of which are to be sold to investors, it cannot perform services to another fund or client, and the management of its assets shall be its sole purpose.
AIFM and "internally managed AIF" status
AIFs (Part II UCIs, SIFs, SICARs, RAIFs) need to appoint an AIFM unless they are internally managed (however, RAIFs cannot be internally managed and need to appoint an external authorised AIFM).
The AIFM Law defines the AIFM as any "legal person whose regular business is managing one or more AIFs". "Managing AIFs" is defined as "performing at least investment management functions for one or more AIFs" (i.e. the portfolio management and risk management functions). This is understood as meaning the AIFM is the entity which has responsibility for each function, and has sufficient substance to oversee both, but it may delegate either function (or elements of either or both functions) to another entity, subject to stringent rules and in particular that it does not become a letter-box entity.
In addition, an authorised AIFM may thus perform the following non-core functions:
- the administration,
- the marketing, and
- other activities related the assets of AIFs.
What's new?
Private Equity Information Brief - November 2018
Welcome to the 30th edition of PwC Luxembourg's Private Equity Information Brief.
Observatory for Management Companies: CSSF Circular 18/698
Find out more about the new CSSF Circular 18/698 issued on 23 August and discover the key aspects and new requirements.
Flash News - Luxembourg - Personal Data Protection - The GDPR implementing Law is published.
The Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation, "GDPR"), repealing Directive 95/46/EC, has imposed many changes in the regulatory landscape applicable to data protection.
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