SPF

SPF

Company types

SPF Wealth Management Company

SPF Overview
An SPF (Société de gestion de Patrimoine Familial) is a specialized entity created to hold and manage the financial assets of an individual or family. These assets can include shares, bonds, cash, savings, equities, currencies, precious metals, derivatives, options, warrants, futures, and other financial instruments.

Key Characteristics
Regulation: The SPF operates as an unregulated entity and does not require a business license.
Purpose: Designed exclusively for private wealth management, shares of the SPF cannot be publicly offered, placed, or quoted on a stock exchange.

Services

Our Services

Eligible Investors

Eligible investors for an SPF include:

– Individuals managing their private wealth.
– Private wealth management entities acting on behalf of one or multiple individuals, such as trusts or family offices.
– Intermediaries representing the above-mentioned individuals or entities.

Prohibited Activities

SPFs are restricted from engaging in certain activities, which include but are not limited to:

Granting Loans: An SPF cannot provide services such as granting interest-bearing loans, even to companies in which it holds a stake. However, it can make cash advances or guarantee the liabilities of a company in which it holds a participation, but only as an ancillary activity and without compensation.

Holding Intellectual Property: An SPF is not permitted to directly own any form of intellectual property.

Investing in Real Estate: Direct investment in real estate by an SPF is prohibited. However, an SPF may hold stakes in corporations or other non-transparent entities that own real estate.

Taxation of the SPF

To ensure sufficient substance in Luxembourg, a SOPARFI should prioritize key practices. These include having a majority of board members residing in Luxembourg and holding physical board meetings in the country. Decision-making and execution of important agreements should also occur in Luxembourg, with detailed minutes kept. Shareholders’ meetings should be held annually in Luxembourg. Adequate capitalization, day-to-day management in Luxembourg, and compliance with tax and legal requirements are essential. Operating from a fully equipped office, employing local staff as needed, and maintaining financial records and bank accounts in Luxembourg further solidify the company’s presence. These practices collectively demonstrate effective management and control, mitigating regulatory risks.

Double Taxation Agreements

Exclusion from Treaties: The SPF does not benefit from the provisions of double taxation treaties due to its subjective tax exemption in Luxembourg.
Tax
Treatment by Foreign Governments: The Luxembourg government allows foreign governments to apply their own domestic tax laws to SPFs and their shareholders residing in those countries.

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