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Jun 11, 2018Securities Financing Transactions | Administrative Sanctions
The law of June 6 th 2018 on transparency of securities financing transactions (“ Law”) implements provisions of Regulation (EU) 2015/2365 on transparency of securities financing transaction and of reuse (“ Regulation”) relating to the imposition of sanctions for non-respect of the provisions of the
Jun 11, 2018Enforceability of a "Mandat de Protection Future"
In a judgment dated June 6 th 2018, the District Court of Luxembourg ( le Tribunal d’Arrondissement de et à Luxembourg) made a mandat de protection future, under French law, enforceable, for the first time in the Grand Duchy of Luxembourg. The mandat de protection future is a protective measure
Jun 05, 2018Distinction Between Private and Business Assets under Luxembourg Tax Law
In a recent decision (No. 39382C dated May 29 th 2018), the Higher Administrative Court of Luxembourg expanded on the transfer by a taxpayer of business assets to its private wealth. The transfer and allocation of assets is generally of great significance for individuals undertaking commercial
Jun 04, 2018No Remission for VAT in Luxembourg
On May 18 th 2018 ( Case No. 00136), the Luxembourg Constitutional Court (hereinafter the “ Court”) decided on a referral for preliminary ruling by the Luxembourg City District Court in a case regarding valued added tax (hereinafter “ VAT”). The dispute concerned an action taken by a taxpayer
Jun 04, 2018EU Commission Proposal for Amendments to the VAT Directive
On May 25 th 2018, the European Commission published a proposal for a directive on the detailed technical measures for the operation of the definitive VAT system for the taxation of trade between Member States (the “ Proposal”). The Proposal aims at amending the currently applicable VAT rules, laid
Jun 01, 2018UCITS | ESMA updated Q&A
On May 25 th 2018, ESMA issued the updated version of its UCITS Q&A creating a new Section on “Remuneration”. ESMA clarified that the remuneration-related disclosure requirements under Article 69(3)(a) of the UCITS Directive also apply to the staff of the delegate of a management company to whom
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