Latest Newsletters & Newsflashes
Aug 28, 2018AIFMD | Updated CSSF FAQ
The CSSF’s frequently asked questions (“ FAQ ”) on AIFMs was updated on August 14 th 2018 with an additional question 23.b) in the section Impact of the PRIIPs Regulation . The question raised was whether Luxembourg AIFs the units of which are being advised on, offered or sold to retail investors
Aug 22, 2018NEWSFLASH | New rules applicable to the supervision of employees
The Law of 1 August, 2018 establishing the national commission for data protection and the general scheme on data protection [1] (hereinafter “ the Law”), implements the general data protection regulation (hereinafter “ the GDPR”) that entered into force on 25 May, 2018. As the GDPR is directly
Aug 22, 2018NEWSFLASH | Draft Law on the Time-Saving Account
On June 25 th 2018 the Chamber of Deputies of the Grand-Duchy of Luxembourg issued a draft law 7324 (the “Draft Law”) implementing a time-saving account. The time-saving account will enable the employee to better manage their working time and overtime, as well as to take time off when considered
Aug 21, 2018Benchmarks Regulation | Updated ESMA Q&A
The European Securities and Markets Authority (“ ESMA”) has recently updated its Q&A on Regulation (EU) No. 2016/1011 of June 8 th 2016 on indices used as benchmarks (" Benchmarks Regulation" or “ BMR”). One of the new questions considered by ESMA was whether prospectuses should include reference to
Aug 06, 2018Application of the UCITS Directive | Updated ESMA Q&A
The ESMA Q&A on the application of the UCITS Directive was updated on July 23 rd 2018 with four new questions and answers, one of them being a new section X on Depositary. Issuer concentration The question was raised whether netting and hedging arrangements can be taken into account for the purposes
Jul 31, 2018OECD Publishes Discussion Draft on Intra-Group Financial Transactions
On July 3 rd 2018, the Organisation for Economic Co-operation and Development (“ OECD”) published a discussion draft that aims to provide extensive guidance on how tax authorities and Multinational Enterprises should assess the arm’s length remuneration on intra-group financial transactions. The
Jul 12, 2018German Constitutional Court Decision on Unitary Values
On April 10 th 2018 the German Constitutional Court (hereafter “ GCC”) ruled that the assessment of property tax in the “old West German states” of Germany, based on unitary values determined in 1964, was unconstitutional as it leads to major difference in treatment without sufficient justification
Jul 12, 2018Depositary Safe-Keeping Rules | Proposals for Amendment
On May 29 th 2018, the European Commission published two draft delegated regulations which contain proposals to amend certain rules relating to the safe-keeping duties of depositaries under the alternative investment fund managers directive, Directive 2011/61 EU (the “ AIFMD”) and the undertakings
Jul 12, 2018BSP Newsletter | July 2018
This newsletter is intended as a general discussion of the following topics: AML, Banking & Finance, Capital Markets, Dispute Resolution, Employment, Investment Funds and Tax. If you would like to know more about the topics covered in this newsletter or our services please contact us. AML European
Jun 30, 2018Prospectuses | Draft Law
On June 29 th 2018, the Chamber of Deputies of the Grand-Duchy of Luxembourg issued a draft law 7328 on prospectuses (the “ Draft Law”) for the purposes of implementing Regulation (EU) 2017/1129 on the prospectus to be published when securities are offered to the public or admitted to trading on a
Jun 25, 2018Circular on VAT Treatment of Virtual Currencies
On June 11 th 2018, the director of the Luxembourg indirect tax authorities ( Administration de l’enregistrement et des domaines, “ AED”) issued a circular, which confirms that the position held by the ECJ, in its court ruling Hedqvist of October 22 nd 2015 (C-264/14), should apply in Luxembourg and
Jun 25, 2018Draft Law on the VAT Group Regime
The Luxembourg Minister of Finance submitted to the Parliament on April 13 th 2018 a new draft law No. 7278, introducing the VAT group regime in Luxembourg (the “ Draft Law”). This follows the repeal on November 23 rd 2017 of the Grand-Ducal Decree dated January 21 st 2004 regarding the VAT
Pagination