This chapter explains the first decision in Luxembourg funds: what kind of fund you are building, who it is for, how tightly it will be regulated, and how quickly it can reach the market.
Almost every structuring discussion starts here. If you choose the wrong regime, you will mismatch the investor base, the approval timeline, the asset strategy, and the service-provider model.
- UCITS is the classic retail-friendly EU passport product, so it comes with the tightest product rules and prior CSSF approval.
- Part II is still regulated and retail-facing, but it sits outside the UCITS product rulebook and allows broader strategies.
- SIF and RAIF are built for well-informed investors, so they are more flexible than UCITS and Part II.
- RAIF is faster to launch because the fund itself does not wait for prior CSSF product approval, but it must sit under an authorized AIFM.
- Legal form and product regime are two separate choices: you can discuss UCITS versus RAIF and SICAV versus FCP in the same structuring memo.