Latest Newsletters & Newsflashes
Jul 07, 2023Markets in crypto-assets (MICA) | EU framework
The MiCA Regulation On 9 June 2023, Regulation (EU) 2023/1114 of 31 May 2023 on markets in crypto-assets was published in the Official Journal of the EU (the “ MiCA Regulation”), thus establishing a harmonised regulatory framework for the crypto-assets market within the EU. The MiCA Regulation aims
Jul 07, 2023Sustainable finance | CSSF supervisory priorities
On 6 April 2023, the CSSF published a press release in order to give a general overview of their supervisory priorities in relation to sustainable finance (the “ Press Release”). The CSSF, in support of the long-term objective of integrating sustainability into financial strategies, have determined
Jul 07, 2023MiFID II and MiFIR | ESMA guidelines and FAQ
ESMA Guidelines on MiFID II product governance requirements On 27 March 2023, ESMA published its final report on guidelines on Directive 2014/65/EU of 15 May 2014 on markets of financial instruments (“ MiFID II”), regarding product governance requirements (the " Guidelines"). The objectives of the
Jul 07, 2023Crowdfunding Regulation | New ESMA Q&A
On 26 May 2023, ESMA updated its Questions and Answers (" Q&As") in relation to Regulation (EU) 2020/1503 of 7 October 2020 on European crowdfunding service providers for business (the “ Crowdfunding Regulation”). Three new questions and answers have been added to the Q&As. In this latest update
Jul 07, 2023DLT | Most recent developments
ESMA Q&A Updates On 27 March 2023, ESMA updated its questions and answers on the implementation of Regulation (EU) 2022/858 of 30 May 2022 on a pilot regime for market infrastructures based on distributed ledger technology (" DLT Regulation") (the “ DLT Pilot Regime Q&A”). With this update, ESMA
Apr 03, 2023Draft law No. 8185 | Transfer of non-performing loans
On 24 March 2023, a draft law No. 8185 (the " Draft Law") has been submitted to the Luxembourg Parliament ( Chambre des Députés). The Draft Law aims to (i) transpose Directive (EU) 2021/2167 of 24 November 2021 on credit managers and credit purchasers, (ii) implement Regulation (EU) 2022/2036 of 19
Mar 31, 2023The immunity of financial collateral arrangements from collective proceedings
On 19 January 2023, the Luxembourg Court of Appeal provided an interesting clarification on the scope of the immunity of financial collateral arrangements provided for by the Law of 5 August 2005 (the " 2005 Law"). In this case, a pledgee had applied to the District Court (“ Tribunal d
Mar 31, 2023ECJ case C-555/21 | Consumer's right to early repayment under the MCD
The Austrian Supreme Court referred a question to the European Court of Justice (the “ ECJ”) for a preliminary ruling. The question concerned whether Article 25(1) of Directive 2014/17/EU of 4 February 2014 on credit agreements for consumers relating to residential immovable property (the " MCD")
Mar 31, 2023DLT | Significant developments at EU and national level
EU Regulation now applicable As of 23 March 2023, Regulation (EU) 2022/858 on a pilot regime for market infrastructures based on distributed ledger technology (the “ DLT Pilot Regime Regulation”) is applicable (noting that certain provisions thereof were applicable from an earlier date). The DLT
Mar 31, 2023Update of ESMA Q&As | DLT Pilot Regime and Prospectus Regulation
Q&A regarding the DLT Pilot Regime On 3 February 2023, ESMA updated its questions and answers on the implementation of Regulation (EU) 2022/858 of 30 May 2022 on a pilot regime for market infrastructures based on distributed ledger technology (" DLT") (the “ DLT Pilot Regime Q&A”) with the addition
Mar 31, 2023Prospectus regulation | Update of ESMA Q&A
On 3 February 2023, ESMA updated its questions and answers on the implementation of Regulation (EU) 2017/1129 of 14 June 2017 on the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market, and repealing Directive 2003/71/EC ( the “
Mar 29, 2023Autonomy of investment fund compartments | Judgment No. 99/22
Background On 24 May 2022, the Court of Appeal (the “ Court ”) rendered judgment No. 99/22 (the “ Judgment”) relating to the autonomy of a compartment of an umbrella investment company with variable capital ( Société d’Investissement à Capital Variable) (the “ SICAV”) subject to the Law of 13
Pagination