Artificial Intelligence goes to Luxembourg - Fund Marketing and reverse solicitation - Succession planning and Luxembourg Private Foundation

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Corporate, Funds and Family office

Corporate -  Artificial Intelligence - Start-ups - Juncker Plan - Intellectual Property Rights

Funds - AIFMD - Alternative Investment Funds - Marketing Documents - Distance Marketing

Family Office - Luxembourg Private Foundation - Inheritance Tax - Succession Planning


Why AI actors should consider Luxembourg ?

Artificial Intelligence ("AI") can be considered a sub-field of computer science. Its goal is to foster the development of computers with the aim to make them to do things normally done by people -- in particular, things associated with people acting intelligently.


Innovative companies and start-ups in Luxembourg: There is a favourable trend in Luxembourg for the development of start-ups, particularly innovative in the domains of AI, Fintech, IT, but also in robotics, gaming or biotech. Many  public, para-public or private initiatives, supports and solutions have been set-up to help innovative entrepreneurs to start and often grow global; business Angels and Venture Capital investors are also very active in Luxembourg. Additionnally, in 2015, agreements have been signed between the European Investment fund (EIF) and two banks in Luxembourg in order to provide to small and medium sized companies incorporated in Luxembourg a total of EUR 111 million of loans for investments, working capital and business transfers. Eligible borrowers have to fulfil some innovation relative criteria.


Intellectual Property Rights ("IPR") - Luxembourg IP Company: All common Luxembourg companies developing IPR in the AI area, like any others, can benefit from one of the most attractive frameworks for IPR management in Europe. This tax regime aims at encouraging Luxembourg Intellectual Property (IP) companies to invest in intellectual property and R&D through an effective tax rate on IP income of below 6%. It can be used on any IP rights (patents, trademarks, models design, authors’ copyright, Internet domain names).

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Marketing under AIFMD

The Luxembourg regulator, the Commission de Surveillance du Secteur Financier (CSSF) has provided guidance on the meaning of marketing and reverse solicitation under AIFMD.


Marketing documents: Providing draft documents is not considered as marketing as the prospective investor cannot use documents in relation with to an AIF to formally subscribe or commit to subscribe shares or units of the AIF. The AIFM is permitted to present to prospective investors documents in relation to the AIF it manages prior to informing the CSSF provided that investors may not formally invest or commit in the AIF, and there is no subscription until the CSSF is informed. A “marketing” activity may be materialised in various forms (advertising, distribution of AIF documents to prospective investors, road shows, distance marketing) provided that the relevant material delivered to investors can be used to “formally subscribe or commit to subscribe” to shares or units of the AIF.


Distance marketing: Distance marketing in Luxembourg refers to any marketing activity carried out by any means of communication (telephone, emails, website, ...). This activity does not need simultaneous physical presence in Luxembourg of representatives of i) the AIF, the AIFM, or its intermediary, and ii) the investor. But the marketing activity itself has to be performed on the Luxembourg territory and investors have to be domiciled or having their registered offices in Luxembourg and the relevant materials can be used to subscribe for shares or units of the AIF.

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Why Luxembourg Private Foundation?

The Luxembourg Private Foundation, is particularly suitable for HNWIs as it offers the opportunity to create contractual solutions designed to optimise estate and succession planning options.


Beware the pitfalls of inheritance tax: Wherever HNWIs and their families may reside, it is a given that inheritance tax remains one of the most contentious and problematic of all taxes. Unfortunately for many, inheritance tax can mean added distress at a time already marked by grief and trauma.In the Luxembourg Private Foundation, there are steps that people can take to reduce or eliminate their liability.


Adapting and responding to the challenges of the future: The Foundation acts as an effective instrument of succession planning, ensuring that family businesses remain strong and that assets are passed from generation to generation along traditional lines without unnecessary liability. It can also work to ensure that family businesses are able to adapt and respond to the contemporary challenges – perhaps in attracting new capital – while preserving those essential elements that have characterised the business over the years.


The Luxembourg Private Foundation is especially attractive because it is distinct from similar entities in that it has no shareholders, partners or members. Another attraction is the fact that it is a corporate structure, meaning that capital grants made during the lifetime of the founder are considered as having left the patrimony.

Plus, the Foundation has a distinct legal personality which allows "deconsolidation" of the settlor's assets. The estate can therefore be managed by a board of directors (in which the settlor can remain managing director) while being looked after by a board of protectors (which can be appointed by the settlor).

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  Wealth Structuring advice and Inheritance Tax Planning

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