Filing of the mention of the constitution of a FIAR (Fonds d'investissement alternatif réservé)

All FIARs are required to file a mention of constitution with the RCS and publish it in the RESA. The term mention is to be understood as an extract and not as a filing mention.

This document must be registered and published in the RESA.

What is the legal deadline for filing the mention of constitution of the FIAR with the RCS and publishing it in the RESA?

If the FIAR was formed by notarial deed, the mention must be filed with the RCS and published in the RESA within 15 working days of its constitution.

If the FIAR was formed by private agreement, the mention must be filed with the RCS and published in the RESA within 15 working days of its constitution being recorded by notarial deed.

What does the mention of the constitution of the FIAR have to contain?

This mention must indicate:

  • That the constitution of the FIAR was made or recorded by a notarial deed.
  • The identity of the FIAR administrator.

How to file a mention of the constitution of a reserved alternative investment fund with the RCS?

After selecting the service Filing of the mention of the constitution of a FIAR for the entity concerned, the user continues the filing procedure by clicking on Next.

The user then has to attach the mention (extract) in PDF/A format, under the heading Publication in the field Document(s) intended for publication by clicking on the Add attachment button.

The user is also asked to answer the question regarding the registration of the document by LBR.
The RCS administrator is authorized to register documents submitted for publication. The user can therefore choose whether or not they wish LBR to register the document in question when making their request. To do so, the user is asked to check one of the available options.

The mention is published in the RESA and can be consulted by third parties.

Date of publication

The publication date is, by default, the date on which the request for administrative procedure was accepted by LBR.

However, the user may choose a specific date for the publication of their document. To do so, they must check the box I would like to specify the publication date. After checking the corresponding box, the user is asked to enter a valid publication date in the field provided.

Finally, they can finalise their filing request by clicking on the Verification of the application button.