Newsletters & Newsflashes

Holding of ancillary liquid assets by UCITS On 3 November 2021, the CSSF published an updated version of its Frequently Asked Questions concerning the Luxembourg law of 17 December 2010 relating to undertakings for collective investment in transferable securities (the “ UCITS FAQ”) providing

In a communication of the 29 November 2021 (the “ Communication”), the CSSF, whilst acknowledging that virtual assets have generated a strong interest as a potential new asset class, addressed the challenges raised by virtual assets since this category of assets comes with a variety of rights that

On 19 November 2021, ESMA updated its Questions and Answers (" Q&A") in relation to Regulation (EU) 2017/2402 of 12 December 2017 laying down a general framework for securitisation and creating a specific framework for simple, transparent and standardised securitisation (the “ Securitisation

On 5 January 2022, ESMA published its final report presenting the amended version of the ESMA guidelines (the " Guidelines") on delayed disclosure of inside information, specifically addressing the interplay between the issuers’ obligation to disclose inside information under Regulation (EU) 596

On 9 December 2021, the European Court of Justice (“ ECJ”) decided on case C ‑154/20 concerning the material requirements for the deduction of input VAT. In the current case, the main question was to rule on the ways to demonstrate and prove that the supplier of the service is a taxable person

On 19 November 2021, the CSSF published Press Release 21/28 addressed to undertakings for collective investment (“ UCIs”) and investment fund managers (“ IFMs”) in the context of the imminent cessation of the widely used interest benchmarks EONIA and LIBOR. The Press Release is a reminder of the

On 17 December 2021 the European Securities and Markets Authority (“ ESMA”) published updated version of both its Q&A Application of the UCITS Directive (the “ UCITS Q&A”) and its Q&A Application of the AIFMD (the “ AIFMD Q&A”). The UCITS Q&A was also amended in November 2021. The updates cover a

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

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

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

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

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