Latest Newsletters & Newsflashes
Mar 06, 2018Clarification of the Depositary Regime Applicable to Part II-UCIS
On March 1 st 2018, a law was published to modify, inter alia, the law of 17 December 2010 on undertakings for collective investment (the “ 2010 Law”). Luxembourg Parliament voted to clarify the depositary regime for funds subject to Part II of the 2010 Law (“ Part II-UCIs”). It is worth recalling
Mar 01, 2018Case Law on Redemption of Shares
Private equity investments channelled via Luxembourg investment vehicles (“ Luxco”) typically generate tax-exempt income (dividends, capital gains) to the investors and are generally funded by way of debt, for example taking the form of convertible preferred equity certificates (“ CPECs”) or
Feb 28, 2018Case Law on Private Wealth Management
The Luxembourg Income Tax Code assesses Luxembourg taxpayers differently, depending upon whether they realise business income or income from private financial wealth management. In case of business income, any capital gain will be taxable, as a matter of principle, contrary to capital gains realized
Feb 19, 2018Implementation of the 4th Anti-Money Laundering Directive
The law of February 13 th 2018 (“ AMLD Law”) which entered into force on February 18 th 2018 has now implemented most of the outstanding provisions of the 4 th Anti-Money Laundering Directive (“ 4th AML Directive”) into Luxembourg Law. This law introduces amendments to the Luxembourg Law of November
Feb 14, 2018NEWSFLASH | Cryptocurrencies: ESMA, EBA and EIOPA alert consumers on risks of investing in cryptocurrencies
WHAT? By definition, a cryptocurrency or virtual currency ( VC) is a digital or virtual representation of value using cryptography to secure its transactions. Contrarily to centralised electronic money and traditional/fiat currencies ( central banking system), cryptocurrencies use decentralized
Feb 08, 2018BSP Newsletter | February 2018
This newsletter is intended as a general discussion of the following topics: Banking & Finance, Capital Markets, Corporate, 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 Beneficial Ownership Registers |
Feb 08, 2018New Circular Regarding Residency Certificates for Funds
On December 8 th 2017, the Luxembourg tax authorities issued the new circular L.G.-A. No. 61 (replacing the previous Circular dated February 12 th 2015, please see our previous newsletter dated March 2 nd 2015) which aims to cover the procedure applicable to the request of tax residency certificates
Feb 08, 2018PRIIPS KID | Final Pieces
As a reminder, as from January 1 st 2018, all entities advising on or selling a packaged retail and insurance-based investment product ( PRIIP) to retail investors in the European Union are required to deliver a PRIIP compliant KID to their retail investors before any investment. Regarding the
Feb 08, 2018UCITS Updated CSSF FAQ and CSSF Press Release 18/02
The CSSF’s updated UCITS FAQ and the CSSF press release 18/02 dated January 5 th 2018 relate to the deletion of section 1.4 of the UCITs FAQ which stated that “ Non-UCITS ETFs are eligible investments for UCITS if they effectively comply with all criteria of Articles 2(2) and 41(1)(e) of the Law
Feb 08, 2018CSSF Fees
The Grand-ducal Regulation of December 21 st 2017 relating to the fees to be levied by the CSSF (the “ New Grand-ducal Regulation”) entered into force as of January 1 st 2018 and has created a number of changes to the fees levied on investment fund vehicles and management companies. In general
Feb 08, 2018LXSE amends X Principles of Corporate Governance
The Luxembourg Stock Exchange has revised for the third time in eleven years the X Principles of Corporate Governance (the “ X Principles”), this time to include a new Principle 9 on corporate social responsibility (CSR) and to integrate Principle 6 ( Evaluation of the performance of the Board) in
Jan 22, 2018Money Market Funds | Regulation's Full Impact is Fast Approaching
On April 5 th 2017, the European Parliament approved the Regulation (EU) 2017/1131 of June 14 th 2017 on Money Market Funds (the “ MMF Regulation”). The MMF Regulation enters in effect on July 21 st 2018. On January 15 th 2018 the European Commission, in preparation for the introduction of full
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