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The family office in Luxembourg

The term “family office” is everywhere today, and yet it covers very different realities. In Luxembourg, it also has a precise meaning: since 2012 the law defines the activity, reserves the title and sets out the duties that come with it, and families can draw on a wide range of structures to organise their wealth across the generations.

By Luxembourg For Family OfficeReviewed 18 minute read

In this guide
  1. At a glance
  2. What a family office does
  3. Single and multi family offices
  4. Family office, wealth manager or private bank
  5. Why Luxembourg
  6. The law of 21 December 2012
  7. Who may use the title
  8. Authorisation by the CSSF
  9. Duties of every family office
  10. Structures families use
  11. Choosing a family office
  12. Setting up a family office
  13. Governance across generations
  14. Questions
  15. Sources

Passages marked with an eye are written for our members.

At a glance

First in Europe
With the law of 21 December 2012, Luxembourg became the first country in Europe to give the family office a legal framework of its own.
A protected title
The name “Family Office” is reserved to regulated professions established in Luxembourg, so that it carries a guarantee rather than a promise.
One family, or several
Supervised by the CSSF
Three standing duties
Open to every family

What a family office does

The family office is, literally, the family’s office: the nerve centre in the organisation of family wealth, whose mission is to structure that wealth and to guarantee its preservation. Since 2010 we have described it as a profession in its own right, built on independence and neutrality, and dedicated to preserving family wealth across the generations.

Single and multi family offices

Two models exist side by side. The single family office is dedicated to one family, which usually owns it and finances its team. The multi family office is an independent firm serving several families, with a strong coordinating role. In Luxembourg the distinction matters, because the law treats the two differently.

Single family officeMulti family office
Who it serves
Typical team
Law of 21 December 2012
Family office authorisation
Typical owner

Family office, wealth manager or private bank

Families often ask whether they need a family office when they already have a wealth manager or a private bank. They do different work. The wealth manager manages investments, and the private bank holds and manages assets and provides investment services under its banking licence. The family office, as Luxembourg law defines it, holds no assets and provides no investment services: it organises the whole and coordinates the providers, the wealth managers and the banks included.

Why Luxembourg

Families and their advisers look to Luxembourg for reasons that are structural rather than fashionable:

  • Stability.
  • Depth.
  • A regulated profession.
  • Privacy as a principle.
  • Onshore and transparent.
  • A European base.

The law of 21 December 2012

The law of 21 December 2012 relating to the Family Office activity defines the activity as providing, as a business, wealth management advice or services to individuals, to families, or to the wealth structures that belong to them or of which they are founders or beneficiaries. It was amended by the law of 13 February 2018 on the fight against money laundering.

Given the variety of the profession, the law does not attempt a universal definition of the family office. It defines, rather, the activities that call for regulation, and three definitions carry the weight of the text:

  • Wealth management advice or services
  • A wealth management entity
  • Wealth

Who may use the title

Article 2 reserves the title “Family Office” to registered members of the following professions, established in Luxembourg and carrying on the activity:

Authorisation by the CSSF

For firms that do not belong to one of these professions, the law of 2012 added Article 28-6 to the law of 5 April 1993 on the financial sector. Such a firm becomes a family office in the sense of that article, that is to say a specialised professional of the financial sector, authorised and supervised by the Commission de Surveillance du Secteur Financier.

These requirements are set, and from time to time updated, by the CSSF. A firm preparing an application should work from the CSSF’s current publications and take professional advice.

Duties of every family office

Whichever profession it belongs to, anyone carrying on the family office activity in Luxembourg is bound by three duties, all of them set out in the law itself.

  1. Knowing the client.
  2. Professional secrecy.
  3. Transparency on remuneration.

Structures families use

Luxembourg offers a broad toolbox of vehicles (regulated, lightly regulated or unregulated) able to accommodate almost any family project. The family office helps the family to choose among them and coordinates the specialists who set them up. The most common are:

SOPARFI

An ordinary commercial company, used as a holding vehicle for participations and other assets.

Company law of 10 August 1915

SPF

The family wealth management company, for individuals and their private structures, limited to managing financial assets and without any commercial activity.

Law of 11 May 2007

RAIF

The reserved alternative investment fund, not authorised by the CSSF itself but managed by an authorised alternative investment fund manager.

Law of 23 July 2016

SIF

The specialised investment fund for well-informed investors, authorised and supervised by the CSSF.

Law of 13 February 2007

SICAR

The investment company in risk capital, for investment in companies at the stage of their launch, development or listing, supervised by the CSSF.

Law of 15 June 2004

Securitisation vehicle

A company or fund that takes on risks linked to assets, receivables or activities, in a flexible regime modernised in 2022.

Law of 22 March 2004

Life assurance

Luxembourg policies rest on the triangle of security: assets segregated with a custodian bank under the eye of the Commissariat aux Assurances, and a super-privilege, without ceiling, that places policyholders first among the insurer’s creditors. Their open architecture gives access to a very wide range of funds and currencies.

Supervised by the Commissariat aux Assurances

These are the structures families use most often, offered as information rather than advice. The right choice depends on the family’s residence, its assets and its objectives, and should always be made with qualified advisers.

Choosing a family office

Whether a family is choosing a multi family office or building its own, the same questions separate a sound arrangement from a costly one:

  1. On what basis does it use the title?
  2. How is it paid, by whom, and is it set out in writing?
  3. Is it independent of product providers?
  4. Who will do the work, and does the organisation hold when they are away?
  5. Does it see the whole balance sheet?
  6. How does it treat confidentiality and the next generation?

Setting up a family office in Luxembourg

The route depends first on whom the office will serve. A family office for one family is a private company and needs no family office authorisation, whereas a family office that will serve several families must belong to one of the regulated professions or be authorised by the CSSF. In both cases, the work begins with the family, and not with the vehicle.

Each of these steps has tax and legal consequences that depend on the family’s residence and assets, and should be taken with qualified advisers in Luxembourg and in the countries concerned. Please consult the association or its President.

  1. Agree what the office is for.
  2. Choose the vehicles.
  3. Incorporate and register.
  4. For several families, secure the right to the title.
  5. Build the team and the substance.
  6. Set the rules of reporting and continuity.

Governance across generations

Preserving wealth across the generations depends less on structures than on the family itself. At our 2024 Annual Event at MUDAM, a PwC survey of family businesses made the point in figures: 78% consider the business the family’s most important long-term asset, yet only 34% have a robust succession plan, and fewer than 12% have one that reaches the third generation.

Our answer is governance written down while there is still time, in three documents with distinct purposes:

  • The family charter,
  • The patrimonial charter,
  • The corporate charter,

In the end, the true wealth of a family is perhaps not the size of its fortune. It is the certainty that the next generation will know what to do with it.

Questions

What is the difference between a family office and a wealth manager?

A wealth manager manages investments.

Is a single family office regulated in Luxembourg?

Not by the law of 21 December 2012, which applies only to family office services provided to more than one family.

Can a bank offer family office services in Luxembourg?

Yes.

Does Luxembourg law require a family office to be independent?

No.

Does a family need to live in Luxembourg?

No.

What does a family office cost?

The law sets no fee scale.

How should a family office in Luxembourg build relationships with GPs?

As an informed partner, rather than as a buyer of products.

What is Luxembourg For Family Office?

Luxembourg For Family Office is the European Family Office Association: a non-profit association founded in Luxembourg in November 2010 that connects, represents and develops the family office profession, on the five principles of its founding charter, namely independence, excellence, community, education and partnership. Anchored in Luxembourg, it is active in fourteen European markets, publishes the Knowledge Hub, and brings practitioners and the professions around them together through membership and events.

From the Library

Every paper in the Library

Sources

  1. Law of 21 December 2012 relating to the Family Office activity, Legilux, the official journal of the Grand Duchy.
  2. Coordinated English text of the law, as amended by the law of 13 February 2018, CSSF.
  3. Legal requirements and authorisation procedure for specialised professionals of the financial sector, CSSF.
  4. Sovereign ratings of the Grand Duchy, State Treasury of Luxembourg.
  5. Setting up in Luxembourg, Association of the Luxembourg Fund Industry.
  6. A reinforced Luxembourg triangle of security, Association des Compagnies d’Assurances et de Réassurances.
  7. Luxembourg For Family Office, papers and articles from 2010 to 2026, in the Library.

This guide is general information on the framework as published at the date of review. It is not legal, tax or investment advice. In case of doubt, the French text of the law prevails.

The association

Practise the profession with the people who shaped it

Luxembourg For Family Office brings together family office practitioners and the professions around them across fourteen European markets. Members also receive the association’s full guide to the family office in Luxembourg, Start Here, and take part in its events and working groups.