Latest Newsletters & Newsflashes
Jul 10, 2024DORA I Ensuring digital operational resilience in the European financial sector
Overview The European Union's financial sector's digital operational resilience is undergoing significant enhancement through the implementation of Regulation (EU) 2022/2554 (“ DORA ” or the " Regulation") and Directive (EU) 2022/2556 (the “ Directive ”) both adopted on 14 December 2022
Jul 10, 2024EBA Guidelines on loan origination and monitoring | CSSF FAQ regarding Circular 22/824
Background On 29 May 2020, the EBA published final guidelines (the “ Guidelines”) on the granting and monitoring of loans, the aim of which was to ensure that entities granting loans have adequate procedures for granting and monitoring loans to prevent loans from ending up as non-performing loans ("
Jul 10, 2024Basel III | CRD VI and CRR III harmonising EU Banking
Basel III finalisation: CRD VI and CRR III have been published The Capital Requirements Directive ( Directive 2013/36/EU), and the Capital Requirements Regulation ( Regulation 2013/575/EU) and aiming to ensure resilience of the EU banking sector against economic shocks, have been amended to
Jul 10, 2024EU Crowdfunding Regulation | New ESMA Q&A
On 27 May 2024, ESMA published new questions and answers regarding Regulation (EU) 2020/1503 on European crowdfunding service providers for business (the “ Crowdfunding Regulation”). With respect to prudential requirements for control functions (compliance, risk and audit) of crowdfunding service
Jul 09, 2024EU Market Abuse Regulation | ESMA guidance on good practices for pre-close calls
Background Pursuant to Regulation (EU) No. 596/2014 on market abuse (the “ Market Abuse Regulation” or “ MAR” ), in the 30 days before the publication of half yearly and annual results of an issuer whose securities are admitted to trading, persons discharging managerial responsibilities (“ PMDR”)
Jul 05, 2024Luxembourg NPL legislation and clarifications in respect of the Financial Collateral Law
On 3 July 2024, the draft law No. 8185 (the “ Draft Law”) has been voted on for the first time before the Luxembourg Parliament ( Chambre des Députés ) . A second vote on the Draft Law by the Luxembourg Parliament is normally required under the Luxembourg Constitution but it is expected that as
Jul 02, 2024Markets in crypto-assets (MICA) | Recent EU and Luxembourg developments
Entry into force of MiCAR On 29 June 2023, the amended Regulation (EU) 2023/1114 of 31 May 2023 on markets in crypto-assets (“ MiCAR ”), entered into force, establishing a harmonised framework for the offer to the public and admission to trading on a trading platform: of asset-referenced tokens (“
Apr 19, 2024Luxembourg Law of 7 August 2023 on business continuation and modernisation of Bankruptcy Law | Recent case law developments
Following the entry into force of the Luxembourg law of 7 August 2023 on business continuation and modernisation of bankruptcy law (the “ Law”) on 1 November 2023, the Luxembourg courts have handed down several decisions clarifying the scope of application of judicial reorganisation proceedings, the
Apr 17, 2024Listing Act | Multiple vote share structures: provisional agreement reached by Council and Parliament
On 14 February 2024, the Council and the European Parliament have reached a preliminary agreement on the directive on multiple-vote share structures in companies that seek the admission to trading of their shares on an SME growth market (the “ Proposed Directive”). The Proposed Directive is part of
Apr 16, 2024Credit Servicers Directive | EBA Guidelines on national lists/registers of credit servicers
Article 9 (1) subparagraph 1 of Directive 2021/2167 on credit servicers and credit purchasers (the “ Credit Servicers Directive” or “ CSD”), requires that Member States “ ensure that the competent authorities (CA) establish and maintain at least a list or, where considered more appropriate, a
Apr 16, 2024Market Abuse | ESMA’S Warning re Social Media
On 6 February 2024, ESMA published a warning for people posting investment recommendations on social media (the “ ESMA Warning ”). While aiming to raise awareness on the requirements established by Regulation (EU) 2023/2779 of 6 September 2023 (the “ Market Abuse Regulation” or “ MAR”), it also
Apr 16, 2024MiFID II and MiFIR | Various developments
Updates to ESMA Q&A On 2 February 2024, ESMA updated its questions and answers on MiFIR data reporting. With this update, ESMA updated the list of national client identifiers for natural persons to be used in transaction reports pursuant to the priority specified in Annex II of the Commission
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