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Luxembourg Trust and Fiduciary Contract Law



Law of 27 July 2003

       giving approval of the Hague Convention of 1st July 1985 regarding the law applicable to trust and its recognition;

       giving new regulation on the fiduciary contracts, and

        modifying the law of 25 September 1905 on the registration of the real rights of immovable

[English Translation of the Content and Articles 5, 8 and 11]



Title One

On the law applicable to trust and its recognition


Article 1               Approval of the Hague Convention of 1st July 1985

Article 2               General situation of trustee

Article 3               Declaration and reservations


Title Two

On the fiduciary contracts


Article 4               Field of application

Article 5               Definition


A fiduciary contract in the meaning of this title is a contract by which a person, the trustor, agrees with another person, the fiduciary, that the latter shall under the obligations determined by the parties become the owner of the property forming a fiduciary asset.


Article 6               Autonomy of the patrimony

Article 7               Relationship between trustor and trustee

Article 8               Trust established for the purpose of guarantee


(1) The fiduciary contract may be established to guarantee claims arisen or to arise.  The parties may agree that the fiduciary property will develop in accordance with the guaranteed commitments or other factors of their choice.

(2) [not translated]


Article 9              Proof and opposability to third parties


Title Three

Supplementary, fiscal and abrogating provisions


Article 10             Modification of the law of 25 September 1905 on the registration of the real rights of immovable

Article 11             Registration


In the whole public register on which the status of the owner is registered, for what reason or in what occasion it may be, the fiduciary and the trustee must request that their status should be mentioned after the indication of that of the owner.


Article 12             Registration and inheritance tax

Article 13            Abrogation of the Regulation of Grand Duchy of 19 July 1983

Article 14             Short title of the law

Article 15             Transitory provisions


*This is just an unofficial translation of a part of the law.  For an original, complete text, visit the governmentfs site.


àList of Luxembourg Financial Laws in English

àList of Luxembourg Financial Laws in French

àSwiss Banking Laws


àPrivate Salon Conference for Hedge Funds

àTranslation of Fund Prospectus, Offering Memorandum, etc.


àBooks on Luxembourg [Business Law, Investment, etc.]


English Translations of Swiss Banking Laws

  Swiss National Bank Regulation  Swiss Banking Law  Swiss Money Laundering Ordinance

English Translations of Luxembourg Financial Laws

  Trust and Fiduciary Contracts Law  Amended Collective Investment Organization Law  Investment Services Law  Collective Investment Organization Law


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