Latest Newsletters & Newsflashes
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 “Prospectus
Mar 30, 2023Grand-Ducal regulation on the administrative dissolution procedure without liquidation
On the 6 February 2023, the Grand-Ducal regulation of 3 February 2023 amending the amended Grand-Ducal regulation of 23 January 2003 executing the amended law of 19 December 2002 on the trade and company register (the “TCR”) and the accounting and annual accounts of companies (hereinafter the “GDR”)
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 February
Mar 28, 2023What restrictions apply to the sublease speculation?
On 23 December 2022, the Luxembourg Constitutional Court (the “Court”) delivered Judgment No. 176 (the "Judgment") to clarify its position on the issues on the right to engage in commercial real estate speculation through subletting. What happened in facts? On 1 June 2002, a company (the "Lessee")
Mar 27, 2023Entry into force of the amended Luxembourg competition law
Strengthening the Luxembourg competition authority The law of 30 November 2022 on competition, as amended by the law of 17 March 2023 (the “Law”), transposes Directive 2019/1 of the European Parliament and the Council of 11 December 2018 to empower the competition authorities of the Member States to
Mar 24, 2023SFDR data collection for Luxembourg investment funds
On 24 March 2023, the CSSF followed up on a press release published on 27 July 2022 announcing their intention to launch a data collection exercise related to Regulation (EU) 2019/2088 on sustainability-related disclosures in the financial services sector (the “SFDR”) and Regulation (EU) 2020/852 on
Mar 24, 2023Circular CSSF 23/829 | Liquidity requirement exemption
On 19 January 2023, the CSSF issued circular 23/829 (the "Circular") on the application of the guidelines on the criteria for the exemption of investment firms from liquidity requirements in accordance with Article 43(4) of Regulation (EU) 2019/2033 (the “Investment Firms Regulation”). The Circular
Mar 24, 2023Newsflash | The Law of 22 June 2022 on the management and recovery of seized or confiscated assets: what are the consequences for the professionals?
The Law of 22 June 2022 on the management and recovery of seized or confiscated assets (the "Law of 2022"), which entered into force on 5 July 2022, aims at completing the transposition of Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and
Mar 23, 2023Law on distributed ledger technology | Adopted
On 20 March 2022, the Luxembourg law (draft law No. 8055) on distributed ledger technology (the "DLT Law") amending (i) the law of 5 April 1993 on the financial sector (the "Financial Sector Law"), (ii) the law of 5 August 2005 on financial collateral law (the "Financial Collateral Law") and (iii)
Mar 22, 2023New Double Tax Treaty between Luxembourg and the UK
The first Double Tax Treaty (“DTT”) entered into between Luxembourg and the UK dates back to 1967 and has been amended three times since. As the last formal amendment dates back to 2009 and the last indirect modification took place through the Multilateral Instrument (“MLI”) in 2019, the tax treaty
Mar 21, 2023Draft Law No. 8149 to revive the Luxembourg real estate market
On 8 February 2023, a draft law No. 8149 (the “Draft Law”) with the purposes of reviving the Luxembourg real estate market has been submitted to the Luxembourg Parliament (Chambre des Députés). The Draft Law proposes the creation of an advantageous and time-limited tax climate, with the objective of
Mar 20, 2023ECJ decision | Responsibilities of taxable people taking part in the supply of electronic services
On 28 February 2023, following a preliminary ruling requested by the UK First-tier Tribunal (Tax Chamber), the European Court of Justice (“ECJ”) decided on case C-695/20 concerning the applicability of Article 9bis of the regulation No. 282/2011 of 15 March 2011 laying down implementing measures for