Latest Newsletters & Newsflashes
Jul 10, 2024BSP Newsletter | July 2024
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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, 2024UCITS I CSSF updates FAQs in response to US settlement cycle changes
On 20 June 2024, the CSSF has released an update on its Frequently Asked Questions concerning Circular CSSF 02/77 on protection of investors in case of NAV calculation errors, non-compliance with investment rules and other types of errors at UCI level (which will be replaced by Circular CSSF 24/856
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 08, 2024Luxembourg Case Law | Abuse of law in the context of permanent establishments and interest free loans qualification
On 8 May 2024, the Luxembourg Lower Administrative Tribunal (the “ Tribunal”) (n° 47267) ruled on the tax qualification of interest-free loans (“ IFLs”) granted by a parent company to a Luxembourg subsidiary (the “ Company”) as well as the non-existence of a Malaysian permanent establishment (the “
Jul 08, 2024EU Securitisation Regulation | EBA Final guidelines for On-Balance Sheet STS Securitisations
Background Article 26a(2) of the Regulation (EU) 2017/2402 laying down a general framework for securitisation and creating a specific framework for simple, transparent and standardised securitisation (the “ EU Securitisation Regulation”) provides that the EBA (in close cooperation with ESMA and
Jul 05, 2024Luxembourg Pillar Two Law | Proposed amendments
Update to Pillar Two legislation On 12 June 2024, draft law No. 8396 has been submitted to the Luxembourg Parliament ( Chambre des Députés ) (the “ Draft Law”) proposing amendments to the Luxembourg law on Pillar Two (see our previous newsflash on the Pillar Two law). Council Directive (EU) 2022
Jul 05, 2024State of the Nation | Tax measures announced during the Prime Minister’s general policy statement
On 11 June 2024, Prime Minister Luc Frieden delivered before the Luxembourg Parliament ( Chambre des Députés) his first general policy statement on the state of the nation (the “ Statement”). In his Statement, the Prime Minister announced specific and general tax measures to be adopted within the
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
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