Table comparing structures for Islamic finance
Regulated | Lightly regulated | Unregulated | |||
|---|---|---|---|---|---|
Structure | UCITS | SICAR | SIF | SOPARFI | Securitisation Vehicle |
Applicable regulation | 2002 Law on undertakings for collective investment, Part I and II, as amended | 2004 SICAR Law, as amended | 2007 SIF Law, as amended | 1915 Companies Law, as amended | 2004 Securitisation Law, as amended |
Supervision by CSSF | Yes | Yes (light) | Yes (light) | No | No (*) |
Eligible assets | Restricted for UCITS; un-restricted for UCI | Private equity and venture capital | Unrestricted | Unrestricted | Unrestricted |
Risk diversification rules | Yes | No | Yes | No | No |
Eligible investors | Unrestricted | Well informed investors | Unrestricted | Unrestricted | |
Tax treatment | No tax except for annual subscription tax of 0.05% on the net asset value | Income tax at 28.59% but effective tax rate close to 0% due to special provisions | No tax except for annual subscription tax of 0.01% on the net asset value | Income tax at 28.59% | Income tax at 28.59% but effective tax rate close to 0% due to special provisions |
Required service providers | Auditor, Administrator, Central Depository | Auditor | Auditor | ||
Practical application for shariah compliant products | Mudaraba Musyarakah Murabaha Ijarah | Mudaraba Musyarakah Ijarah | Mudaraba Musyarakah Murabaha Ijarah | Mudaraba Musyarakah Murabaha Ijarah | Murabaha |
Benefit from Tax Treaty | Yes if in the form of SICAV | Depends on target | Yes if in the form of a SICAV | Yes | Yes |
EU Passport | Yes (for UCITS) | No | No | No | No |
(*) If securities are not issued to the public on a continuous basis

