Newsletters & Newsflashes

In its judgment of 22 January 2021, the Luxembourg Constitutional Court had the opportunity to rule on the value of the principles of legal certainty, protection of legitimate expectations and non-retroactivity of laws when assessing the conformity of the law of 23 July 2016 amending, inter alia

Context The Luxembourg tax authorities have issued guidance regarding the new profit-sharing bonus model (i.e., the so-called “ prime participative”) in its Circular L.I.R. n°115/12 dated 11 February 2021 ( the “ Circular”). The prime participative had been introduced under the Luxembourg 2021

Context The Luxembourg Higher Administrative Court ( Cour Administrative) in a judgment rendered on 14 January 2021 (No. 44763C) confirms that the partial disposal of a business undertaking by an individual to third-parties should qualify as a transfer for consideration of part of a business

On 1 February 2021, ESMA published its final report (“ Report”) and draft of the implementing technical standards (“ ITS”) under Regulation EU/2019/1156 on the facilitation of cross-border distribution of collective investment undertakings. The Report follows a consultation paper that ESMA published

Draft Law 7774 amends the law of 16 July 2019 implementing the EuVECA, EuSEF, MMF, ELTIF and STS securitization regulations in Luxembourg law (the “ 2016 Law”) in order to implement, on the one hand Regulation (EU) 2019/1238 on a pan-European Personal Pension Product (" PEPP") (hereinafter, "

Submission of AML/CFT Market entry form via eDesk Portal as from 15 February 2021 On 8 February 2021, the CSSF issued a communication on the digitalisation of the AML/CFT Market Entry Form (the “ Form”), which was previously to be submitted pursuant to a dedicated Excel form. As from 15 February

End of transitional period for the marketing of UK UCITS pushed back to 31 July 2021 On 9 February 2021, the Luxembourg Parliament ( Chambre des Députés) adopted the draft law No. 7736 (the “ Draft Law”). The Draft Law amends, inter alia, the law of 17 December 2010 relating to undertakings for

On 3 February 2021, ESMA sent a letter to the European Commission concerning “ Review of the Regulation (EU) 2015/760 on European long term investment funds” (the “ ELTIFs” and the “ ELTIF Regulation” or the “ Regulation”). The letter fits into the context of the impending review of the ELTIF

Context Measures relating to holding of meetings and other legal persons, in the context of the pandemic of the Covid-19, have been initially introduced by the Grand-Ducal Regulation of 20 March 2020. These measures were extended several times; by the law of 20 June 2020, the law of 23 September

Purpose of the amendment The draft law 7791, submitted to the Luxembourg Parliament ( Chambre des Députés) on 16 March 2021 (“ Draft Law”) aims to clarify whether the rules regarding financial assistance contained in the Luxembourg law of 10 August 1915 relating to commercial companies, as amended (

On 1 March 2021, ESMA published its final report on advice under article 8 of the taxonomy regulation (please refer to BSP Sustainable Newsflash Series number 7), which covers the information to be provided by non-financial undertakings and asset managers to comply with their disclosure obligations

As previously detailed in our Newsflash dated 19 March 2020 (as updated), the Luxembourg Government has once again agreed on an “exceptional measure” with the Belgian, French and German Governments regarding the taxation of Belgian, French and German cross-border commuters normally working in