Newsletters & Newsflashes

Since our last newsletter on the topic, ESMA updated a number of its Q&A regarding the Markets in Financial Instruments Directive – Directive 2014/65/EU of 15 May 2014 (“ MiFID II”) and the Markets in Financial Instruments Regulation – Regulation No. 600/2014 of 15 May 2014 (“ MiFIR”) on the

On February 1 st 2019, ESMA issued a press release regarding Memoranda of Understanding (the “ Memoranda”) it has entered into with EU/EEA securities regulators and the FCA. In case the United Kingdom leaves the European Union without a withdrawal agreement, the Memoranda will allow continuing

The National Commission for Data Protection (“ Commission nationale pour la protection des données”, or “ CNPD”) recently published a report on the consequences of Brexit in the sphere of international data transfers. This report is intended to guide Luxembourg companies, public bodies and

In our January 2019 Newsletter we reported on a judgment rendered by the Luxembourg court of appeals ( Cour d’Appel) (the “ Court of Appeals”) on May 16 th 2018 (No. 63/18, No. 39827) and published in the Journal des Tribunaux de Luxembourg (issue No. 60) on December 5 th 2018, according to which

On January 17 th 2019 (ruling No. 08/2019, docket No.4067), the Court of Cassation ( Cour de Cassation) ruled that the Luxembourg VAT Authorities ( Administration de l’Enregistrement, des Domaines et de la TVA) could validly continue to notify VAT assessments to a corporate taxpayer’s former

On January 24 th 2019, the Court of Justice of the European Union (the “ ECJ”) published its judgment in the Morgan Stanley case (C-165/17), clarifying the rules governing the right to deduct input VAT incurred by a branch in connection with goods and services used for the purpose of transactions

Pursuant to and in compliance with the AML 4 th Directive amended by the AML 5 th Directive, Luxembourg parliament enacted the law of 13 January 2019, setting-up a register of beneficial owners (“ BOs”) (“ RBO Law”). The RBO Law creates a register of BOs (“ RBE”), which aims to preserve and make

On January 28 th 2019 the CSSF published Circular 19/708 concerning electronic transmission of documents (“ Circular”). The Circular provides that, as of February 1 st 2019 the following entities are obliged to submit documents only via electronic means to the CSSF: alternative investment fund

This newsletter is intended as a general discussion of the following topics: AML, Banking & Finance, Capital Markets, Investment Funds and Tax. If you would like to know more about the topics covered in this newsletter or our services please contact us. AML Luxembourg Law setting up a Register of

The European Securities and Markets Authority (“ ESMA”) has recently updated its Q&A on Regulation (EU) No. 2016/1011 of 8 June 2016 on indices used as benchmarks (" Benchmarks Regulation" or “ BMR”). One of the new questions considered by ESMA is whether or not the methodology of a benchmark can

As a reminder, a new double Tax Treaty was signed between Luxembourg and France (hereafter the “ New Tax Treaty”) on March 20 th 2018. For a detailed review of the various impacts, please refer to our newsletter dated March 2018. It was long speculated that the New Tax Treaty could already enter

Background In 2014, the Luxembourg legislator changed the procedural rules applicable to the exchange of information upon request, in tax matters. As a consequence of the law dated November 25 th 2014, there are now no legal remedies available against an order issued by the Luxembourg tax