Latest Newsletters & Newsflashes
Mar 15, 2021Sustainability update
SFDR FINAL REPORT ON DRAFT RTS On 4 February 2021, the European Supervisory Authorities (ESAs) published their long awaited final report on draft regulatory technical standards (hereinafter, the “ Draft RTS”) with regard to the content, methodologies and presentation of sustainability-related
Mar 11, 2021Newsflash | Brexit and right to work checks: what new obligations lie on employers?
Employers have always been required to carry out right to work checks on all new recruits, for the purpose of evidencing a right to work in Luxembourg of their employees. Following the withdrawal of the UK from the EU with effect as of 31 January 2020, and the end of freedom of movement for certain
Mar 08, 2021Clarification of the VAT treatment on cars leased to non-resident employees
The ECJ’s decision (C-288/19) on the provision of vehicles by employers to employees residing abroad On 20 January 2021, the European Court of Justice (“ ECJ”) ruled on the place of taxation of the provision of company vehicles to employees residing in a Member State other than that of their
Mar 05, 2021ESMA’s proposed changes to the Transparency Directive in light of Wirecard case
On 3 March 2021, ESMA issued a letter addressed to the European Commission proposing modifications to Directive 2004/109/EC of 15 December 2004 on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market
Mar 03, 2021VAT reimbursement | ECJ rules on limitation period in the event of irrecoverable debt.
In an order dated 3 march 2021, the European Court of Justice (“ECJ”) considered the lawfulness of a limitation period on the right to seek a reduction in the taxable amount in the case of cancellation, refusal or total or partial non-payment after the supply takes place. In the case at hand, the
Mar 02, 2021Extension of deadline to submit 2019 tax returns
On 25 February 2021, the Luxembourg Parliament ( Chambre des Députés) voted the law amending the law of 12 May 2020, adapting certain deadlines in fiscal, financial and budgetary matters in the context of the state of emergency (hereinafter the “ Law”). The Law follows a statement by the Ministry of
Mar 01, 2021Common supervisory action on UCITS fees and costs
Launch of a common supervisory action on UCITS cost provision and performance On 6 January 2021, ESMA launched a Common Supervisory Action (CSA) with the National Competent authorities on the supervision of costs and fees of UCITS in the European Union (EU) taking into account the ESMA supervisory
Mar 01, 2021EU crowdfunding regulation: latest developments
Background Regulation (EU) 2020/1503 of 7 October 2020 on the European crowdfunding service providers for business (the “ Crowdfunding Regulation”), shall apply from 10 November 2021. The Crowdfunding Regulation aims to establish a brand new and safe legal framework for the crowdfunding activity
Mar 01, 2021CSSF’s new digital portal for Prospectus approval
On 1 March 2021, the CSSF launched its new digital portal for the submission of prospectuses and related supplements and notification requests – the “ e-Prospectus”. Background The CSSF, as the national competent authority for the examination of approval and notification requests within the
Feb 26, 2021Exchange of information | Conditional upon exhausting domestic sources of information
In a judgment dated 25 February 2021, the Higher Administrative Court ( Cour administrative) confirmed a judgment of the Lower Administrative Court ( Tribunal administratif) concerning the lawfulness of injunction decisions issued to a Luxembourg company following a request for information from the
Feb 26, 2021Simplification of process for approval of a new sub-fund
In its press release 21/05 on 23 February 2021, the CSSF communicated the new procedure for approval of a new sub-fund under existing fund structures. The process introduces the use of a single standardised questionnaire including information related to the Benchmark Regulation (“ BMR”), the
Feb 25, 2021Luxembourg Green Exchange | New Climate-Aligned Issuers section
On 25 February 2021, the Luxembourg Stock Exchange (the “ LuxSE”) announced the launch of a brand-new section to the Luxembourg Green Exchange platform, exclusively dedicated to so-called Climate-Aligned Issuers (“ CAIs” and the section dedicated to CAIs, the “ CAIs Section”). For this project, the
Pagination