One of the key products the Luxembourg financial place has to offer, the term UCITS refers back to EU Directive 85/611/CE of 20 December 1985, the objective of which was to create a single European market for retail investment funds, while at the same ensuring a high level of investor protection.
Since 10 May 2016, the fifth instalment of the UCITS directive is in place in Luxembourg (with an in-force date of 1 June 2016), thereby implementing Directive 2014/91/EU into the Luxembourg law of 17 December 2010 relating to undertakings for collective investment (as amended). With a view to defining the highest levels of investor protection, the UCITS directive regulates the organisation, management and oversight of such funds, and imposes rules concerning diversification, liquidity and use of leverage.
The main amendments brought by the UCITS V regime, as implemented in Luxembourg, relate to the following three areas:
- the duties and liabilities of depositaries of UCITS
- the remuneration policies of UCITS management companies/self-managed investment companies
- the sanctions that the CSSF is empowered to apply by virtue of Luxembourg law