Luxembourg Common Limited Partnership (SCS)
General Overview
- Legal Basis: Governed by the Luxembourg Law of 10 August 1915 (Company Law) and the Law of 12 July 2013 on Alternative Investment Fund Managers (AIFM Law).
- Regulatory Oversight: Not subject to direct CSSF supervision unless managed by an AIFM.
- Legal Personality: Has a separate legal personality.
- Target Investors: Institutional, professional, and private investors looking for flexible and tax-efficient fund structures.
- Setup Timeframe: The setup timeframe ranges from 2 to 4 weeks, depending on the complexity of the structure and the preparation of documentation.
Key Features
- Corporate Flexibility: Operates under a partnership agreement with broad structuring options.
- Legal Structure:
- Requires at least one General Partner (GP) with unlimited liability.
- One or more Limited Partners (LPs) with liability limited to their contributions.
- No minimum capital requirements.
- Investment Scope: Suitable for private equity, real estate, venture capital, hedge funds, debt, and other alternative investments.
- Quick Time-to-Market: No regulatory approval required; operational immediately upon registration.
- Contractual Freedom: Terms and conditions fully customizable in the Limited Partnership Agreement (LPA).
Taxation
- Tax Transparent: SCS is fiscally transparent and not subject to corporate income tax, net wealth tax, or municipal business tax in Luxembourg.
- Taxation at Partner Level:
- Limited Partners are taxed in their jurisdiction of residence.
- General Partner may be subject to Luxembourg taxation if receiving management fees.
- No Withholding Tax on profit distributions.
- Potential Tax Treaty Benefits: Can benefit from tax treaties if structured correctly.
Governance & Service Providers
- General Partner (GP): Responsible for fund management and decision-making.
- Alternative Investment Fund Manager (AIFM):
- Required if the SCS qualifies as an Alternative Investment Fund (AIF).
- If appointed, enables EU passporting for cross-border fundraising.
- Depositary Requirement: Only necessary if managed by an AIFM.
- Central Administration: Must maintain books and records in Luxembourg.
- Auditor: Not mandatory unless classified as an AIF.
Advantages of a Luxembourg SCS
- No Direct Regulation: Not supervised by the CSSF unless managed by an AIFM.
- High Flexibility: No restrictions on governance, investment strategy, or distributions.
- Tax Efficiency: Full tax transparency and no withholding tax.
- Investor-Focused Structure: Suitable for institutional, professional, and private investors.
- Cost-Effective Setup: No capital requirements, no depositary needed (unless under AIFM Directive), and low compliance burden.
- Efficient Transferability: LP interests can be transferred as per the LPA.
Use Cases
- Private Equity & Venture Capital Funds
- Real Estate Investment Vehicles
- Debt & Credit Funds
- Hedge Funds & Family Office Structures
Setup & Support by KENDRIS Capital
- Assistance with structuring and registration of an SCS in Luxembourg.
- Drafting of the Limited Partnership Agreement (LPA) and legal documentation.
- Ongoing administration, management, and tax compliance services.
Luxembourg SCS Factsheet
Key contact
Nikolas Charalambous
Managing Director
MBA, BSc. Accounting
T +357 24 205300