The Administration de l’enregistrement, des domaines et de la TVA (“AED”) in Luxembourg launched a campaign on 25 February 2025 inviting all alternative investment funds (“AIFs”) to submit certain documentation in order to allow the AED to carry out its AML oversight obligations. Some of the reporting is new for unregulated AIFs, having previously only applied to Reserved Alternative Investment Funds (“RAIFs”).
Identification forms
Every AIF subject to the supervision of the AED is obliged to appoint a responsable du respect des obligations (“RR”) and a responsible du contrôle (“RC”) and to inform the AED of same. As such an identification form for the appointment of the RR and of the RC must be submitted, in the form available on the AED’s website, either when first appointed or when one of them changes.
Annual RC report and annual questionnaire
All unregulated AIFs must now submit an annual RC Report and a comprehensive AML/CFT Questionnaire, the latter to be completed by the RR. However, the RR may mandate the RC of the RAIF to submit the questionnaire.
The AED has outlined the essential elements to be included in the RC Report for both a RAIF and an unregulated AIF.
The AML/CFT Questionnaire, for its part, covers a wide range of topics including the AML risks to which the AIF is exposed, what mitigation measures are in place and a separate section on terrorist financing exposure and mitigating measures.
Timing
The AED has introduced distinct and official deadlines for RAIFs and other unregulated AIFs.
The official submission deadlines for both the RC Report and the AML/CFT Questionnaire are 31 May 2025 for RAIFs and 30 June 2025 for other unregulated AIFs. Delays may result in administrative fines.
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