Table of available structures

RegulatedLightly regulatedUnregulated

Structure

UCITS
and UCI

SICAR

SIFSOPARFISecuritisation Vehicle

Applicable regulation




2002 Law on undertakings for collective investment, Part I and II, as amended

2004 SICAR Law, as amended



2007 SIF Law, as amended




1915 Companies Law, as amended



2004 Securitisation Law, as amended



Supervision by CSSFYes

Yes (light)

Yes (light)

No

No (*)

Eligible assets



Restricted for UCITS; un-restricted for UCIPrivate equity and venture capital

Unrestricted



Unrestricted



Unrestricted



Risk diversification rulesYes


No


Yes


No


No


Eligible investorsUnrestricted

Well informed investors

Unrestricted

Unrestricted

Tax treatment






No tax except for annual subscription tax of 0.05% on the net asset value

Income tax at 28.59% but effective tax rate close to 0% due to special provisionsNo tax except for annual subscription tax of 0.01% on the net asset value

Income tax at 28.59%





Income tax at 28.59% but effective tax rate close to 0% due to special provisions

Required service providersAuditor, Administrator, Central Depository


Auditor


Auditor


Practical application for shariah compliant products

Mudaraba Musyarakah Murabaha Ijarah


Mudaraba Musyarakah  Ijarah



Mudaraba Musyarakah Murabaha Ijarah


Mudaraba Musyarakah Murabaha Ijarah


Murabaha
Ijara
sukuk



Benefit from Tax Treaty

Yes if in the form of SICAV

Depends on target

Yes if in the form of a SICAVYes


Yes


EU PassportYes (for UCITS)NoNoNo

No

(*) If securities are not issued to the public on a continuous basis