Regulated entities in Luxembourg are required to comply with increasing and complex regulation that directly impacts the way that they conduct their business, organise their internal governance and their operations and set up their relations with clients, delegates and other stakeholders.

In order to help our clients to evaluate the impact of these rules on their activities, our regulatory consulting expertise driven by Arendt Regulatory & Consulting S.A. (ARC) has set up a range of consulting and educational services regarding all aspects of regulatory compliance.

Regulated entities which want to manage their compliance in a professional manner may contact us for:

• Compliance consulting to assess the entity's compliance perimeter on site
• Assistance in the definition of compliance programs 
• Assistance with any special project to be handled by the compliance function

Depositaries

Each Luxembourg-domiciled undertaking for collective investment (UCI) must appoint a single depositary from among the eligible Luxembourg entities, or Luxembourg branches of eligible entities established in the European Union, to act as depositary for the UCITS or AIF in question. The Luxembourg market has recently seen a significant increase in alternative/non-UCITS funds. Beyond the typical UCITS-driven depositary business, which is predominantly based on financial instruments, non-UCITS funds investing primarily in real assets have added a layer of complexity with respect to depositary operations and oversight.

Our expertise offers 'a la carte' services:

• Regulatory assistance
• Organisation of operations
• Management of delegates and external parties
• Tools and training

For more information, contact us at DepositariesARC@arendt.com.

IT infrastructure and outsourcing

In recent years, the Commission de Surveillance du Secteur Financier (CSSF) has published several texts imposing new rules on the IT infrastructure and IT outsourcing of regulated entities in Luxembourg. Our expertise helps pits clients to:

• Ensure they are aware of the risks inherent to their setup
• Understand which documentation the CSSF wants them to retain, and how
• Know what to do in the event of IT issues and hiccups 
• Determine whether their IT and cloud service providers qualify as delegates
• Assess the materiality of outsourcings and any CSSF notification or approval requirements

For more information, contact us at IToutsourcingARC@arendt.com.