The declaration of civil partnership establishes the rights and obligations between the partners. The PACS may or may not be accompanied by an agreement between the two persons. Nevertheless, even without an agreement, the partners benefit from: The civil partnership is also called PACS, civil solidarity pact. PACS is a form of registered civil partnership between two persons of the same or different sex. A partnership is the union of two people of the same or different sex. However, there are certain conditions that both partners must meet: The following rules apply to all civil partnerships and cannot be circumvented by contrary provisions contained in an agreement concluded between the partners: A real estate settlement agreement can be useful if you want to determine at will the terms of the ownership relationships within your partnership. provided that they do not violate the mandatory rules that apply to all civil partnerships. This may be an inventory indicating which movable and immovable property is in the possession of each of you and which are in co-possession. You do not need to go to a notary to make a real estate settlement. You just need to make sure your written agreement is dated and signed.
The agreement may be amended at any time without the need for further formalities. The information provided is not intended to provide a comprehensive overview of all developments in law and practice or to cover all aspects of these aspects. Readers should seek legal advice before applying it to a particular issue or transaction. For persons whose birth certificate was drawn up or transcribed in Luxembourg, a mention with the declaration of partnership is placed in the margin of the birth certificate. This entry indicates the place and date of the declaration of registered partnership and the personal data of the other partner. Even after the dissolution of the partnership, both partners are responsible for all debts incurred by them or one of them during the partnership for the daily needs of their household and for expenses related to the common apartment (for example, payment of rent). LP Lux replicates many of the features that have made Anglo-Saxon limited partnerships so popular as fund vehicles, and their introduction has certainly expanded onshore options for fund managers as they structure new funds, segregated accounts, co-investments and carry agreements. The two future partners must present themselves with the necessary documents before the civil registrar of the commune of their common residence or place of residence in order to declare their partnership personally and jointly. A partnership is a domestic agreement between 2 persons of the same or different sex who live together in the same household and have made a formal declaration of civil partnership before the civil registrar of their common domicile or habitual residence.
The Luxembourg law of 10 August 1915 on commercial companies, as amended (law of 1915), contains a very limited number of mandatory provisions and leaves the partners a wide margin of appreciation in defining the constitutional provisions of Lux LP in their administrative document (i.e. in the limited partnership agreement). Unlike, for example, the limited partnership by shares (SCA), LP Lux, for example, are not subject to the restrictions and legal formalities applicable to Luxembourg companies. The principle underlying LP Lux is that of freedom of contract, and the parties are free to conclude contracts on terms that best suit them from a commercial point of view. As a result, although there are some standard provisions in the 1915 Act, these are usually always replaced by more appropriate clauses in the limited partnership agreement. The partnership declaration also creates duties and obligations between the partners. You must help each other and materially. Even after the partnership dissolves, you will both be responsible for any debts you or one of you incurred during the partnership for the day-to-day needs of your household and for expenses related to your shared apartment. Each of you is the owner of the movable or immovable property which is proven to belong to him alone.
Any movable or immovable property whose ownership is not clear is considered a co-ownership. The registration on the partnership appears only on the full copy of the birth certificate, but not in an extract of the birth certificate, if one of the partners requests it. The law obliges civil partners to provide each other with material assistance and support in the form of a contribution to cover the costs of the partnership. Each of the partners is therefore required to make a contribution, but this is proportional to its financial capacity. Therefore, one of the partners may be required to pay more if the other partner does not have sufficient resources to contribute equally to the expenses of the company. For all other debts, the principle applies that each partner is only liable for debts that he has personally incurred. It does not matter whether these debts arose before or during the civil partnership. Luxembourg participated by creating two limited partnerships based on Anglo-Saxon limited partnerships: the limited partnership, also known as the limited partnership or “SCS”; and the special limited partnership, also known as a special limited partnership, “SCSp”.
These two LP lux are very similar and most of the legal provisions that govern them are the same. The only major difference between the two vehicles is that the SCSp has no legal personality (like an English limited partnership) and the SCS has legal personality (like a Scottish limited partnership). We see them increasingly being used as onshore fund vehicles, segregated account vehicles, co-investment vehicles and transportation vehicles, primarily for the reasons described below. Anglo-Saxon limited partnerships have been the reference vehicle for closed-end private fund structures for many years. This is mainly due to the fact that they have the advantage of knowing investors, being flexible vehicles without corporate exemptions, maintaining limited liability for investors and generally being treated as tax transparent so that there are no tax losses at the fund level.