Latest Newsletters & Newsflashes
Jan 06, 2022New CSSF FAQ on virtual assets addressed to credit institutions
Background In the context of the growing popularity of virtual assets amongst investors throughout Europe, the CSSF published on 4 January 2022 the anticipated FAQ on virtual assets addressed to credit institutions (the " FAQ"). These FAQ followed the recent publication by the CSSF of FAQ on virtual
Jan 05, 2022EU Crowdfunding Regulation – ESMA | Updated Q&As and final report
On 19 November 2021, ESMA updated its Questions and Answers (" Q&A") in relation to Regulation (EU) 2020/1503 of 7 October 2020 on the European crowdfunding service providers for business (the “ Crowdfunding Regulation”). In addition, on 10 November 2021, ESMA published its final report (the " Final
Jan 04, 2022New reporting requirements | CSSF Circular 21/790
Background On 17 December 2021, the CSSF issued Circular 21/790 (the “ Circular”) applicable to Luxembourg regulated funds (UCITS, Part II Funds, SIFs and SICARs). The Circular covers a number of topics applicable to the regulated funds themselves and to their auditors: It introduces an obligation
Jan 04, 2022Publication of the new Luxembourg law on covered bonds
On 9 December 2021, the Luxembourg law of 8 December 2021 on the issuance of covered bonds (i) transposing into Luxembourg law Directive (EU) 2019/2162 of 27 November 2019 on the issue of covered bonds and covered bond public supervision, and (ii) implementing Regulation (EU) 2019/2160 of 27
Jan 04, 2022MiFID II and MiFIR – ESMA | Updated Q&As and final report on appropriateness and execution-only requirements
Since we last provided an update on ESMA's Questions and Answers ( "Q&As") on Directive 2014/65/EU of 15 May 2014 on markets of financial instruments (" MiFID II") and Regulation (EU ) 600/2014 of 15 May 2014 on markets of financial instruments (" MiFIR") in our July 2021 newsletter, the following
Jan 04, 2022Transparency law | CSSF enforcement priorities
Background On 17 December 2021, the CSSF has published a press release for the attention of issuers of securities subject to the law of 11 January 2008 on transparency requirements for issuers of securities, as amended (the " Transparency Law") and their auditors (the " Press Release"). The CSSF
Jan 03, 2022Draft law on the granting of a state guarantee to support FGDL credit lines
On 28 October 2021, draft law 7905 (the " Draft Law") on the granting of a state guarantee to support credit lines contracted by the Luxembourg Deposit Guarantee Fund ( Fonds de Garantie des Dépôts Luxembourg (FGDL)) was submitted to the Luxembourg Parliament ( Chambre des Députés). Background The
Jan 03, 2022Circular CSSF 21/788 | New AML/CFT external report
Background On 17 December 2021, the CSSF issued CSSF Circular 21/788 regarding guidelines for the Collective Investment Sector on the CSSF AML/CFT external report (the “ Circular”). Purpose The purpose of the Circular is to provide guidance on the report dedicated to anti-money laundering and
Jan 01, 2022Annual online AML survey
Background On 15 February 2022, the CSSF will start the annual online survey for the year 2021 (the “ Survey”). The Survey remains mostly unchanged compared to the previous year. However, some questions have been removed, added or amended. For ease of reference, the new questions have been
Dec 15, 2021Newsflash | Exchange of information upon request: ECJ rules on group requests and sanctions
The case that led to the decision rendered by the European Court of Justice (the “ ECJ”) on 25 November 2021 in case C-437/19 concerns a request for exchange of information by the French tax authorities aiming at identifying the shareholders and ultimate beneficial owners of a Luxembourg public
Dec 08, 2021Newsflash | The Reverse Hybrid Entity Rule in a nutshell
Background Reverse Hybrid Entity Rule introduced in Luxembourg by the law of 20 December 2019 (hereafter the “ ATAD II Law”) implementing Council Directive (EU) 2017/952 of 29 May 2017, regarding hybrid mismatches with third countries (hereafter “ ATAD II Directive”) will apply as of 1 January 2022
Dec 06, 2021Sustainable Finance Insights Series - 14 | ESA’s final report on sustainability - related disclosures - 22 October 2021
The final report on sustainability-related disclosures, including taxonomy-related disclosures (the “ Draft RTS”), were published by the European Supervisory Authorities (the "ESAs") on 22 October 2021. The Draft RTS set out amendments to the set of rules and mandatory templates for financial
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