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16 Aug 2017

Legal Alert | Legal Entity Identifiers (LEI): new requirements for domestic and foreign issuers operating on the Luxembourg Stock Exchange

REMINDER - WHAT?

The “Global Legal Entity Identifier System” (GLEIS) is a unique identifier system for financial markets designed to create and apply a single universal standard identifier to any organization or firm involved in a financial transaction, which aim is to facilitate the management and control of risks and enhance transparency.

Issuers (including listed companies or other issuers of financial instruments) are required to apply for and use legal entity identifiers (LEI Code) as their unique identifier. This is a 20-character reference code designated to a single legal entity in accordance with the ISO 17442 standard, which allows an interested party to easily identify legal entities and funds participating in financial markets transactions. LuxCSD has been sponsored as the pre-LOU (Local Operating Unit) of the GLEIS for Luxembourg domiciled entities and investment funds. (Please refer to our previous newsflash).

Pursuant to Article 7 of the Commission Delegated Regulation (EU) 2016/1437 of 19 May 2016 supplementing Directive 2004/109/EC (Transparency Directive) with regard to regulatory technical standards on access to regulated information at Union level, as from 1 January 2017, each Official Appointed Mechanism (OAM) shall use LEI Code as the unique identifier for ALL issuers.

The obligation to provide a LEI Code for the 2016 year exclusively concerned issuers for which Luxembourg is their home Member State, by application of the Luxembourg law dated 11 January 2008 on transparency requirements for issuers, as amended.

ONE MONTH LEFT

On 10 August 2017, the Luxembourg Stock Exchange (LuxSE) has announced that all issuers (including domestic and foreign issuers, listed companies and other issuers of financial instruments) (Issuers) operating on the LuxSE’s regulated market or on its multilateral trading facility (Euro MTF) must provide their LEI Code to the LuxSE before 15 September 2017.

HOW?

  1. If the Issuer has a valid LEI Code:
    The said Issuer must sent its LEI Code to: bolide@bourse.lu
     
  2. If the Issuer does not have an LEI code:
    • An initial request to obtain such LEI Code shall be made to the relevant LOU (i.e., the LOU of the country where the issuer is registered in); or
    • alternatively, the LuxSE can provide assistance with obtaining the LEI Code. (in this case,  you shall contact the LuxSE at bolide@bourse.lu).
       
  3. If the Issuer’s LEI Code has expired:
    LEI code must be renewed on an annual basis by the relevant.
     
  4. If the Issuer’s LEI Code is in the process of being renewed:
    The Issuer can nevertheless send the details of its current LEI Code to: bolide@bourse.lu

Should you need any further information, please contact Pierre-Alexandre Degehet.