Newsletters & Newsflashes

On 7 May 2024, ESMA published a call for evidence on the review of the Commission Directive 2007/16/EC on UCITS Eligible Assets (the “ UCITS EAD”). Background Under Directive 2009/65/EC of 13 July 2009 (the “ UCITS Directive”), a UCITS fund is permitted to invest only in specific asset classes

ESMA updates its Q&A on costs and fees ESMA published on 8 and 24 May 2024 further responses to questions on the application of performance fees, expanding their Q&A on costs and fees . The Q&A concern the application of a minimum performance reference period to additional reference indicators and

Published on 28 March 2024 this circular enters into effect on 1 January 2025 and replaces CSSF Circular 02/77. CSSF Circular 24/856 aims at extending and codifying the rules applicable to Luxembourg investment funds in the event of a NAV calculation error, an investment breach or other errors that

Key takeaways On 13 June 2024, the European Court of Justice (“ ECJ”) issued its ruling in case C-533/22 ( Adient case) pertaining to whether an affiliated undertaking may be regarded as a fixed establishment of another foreign group company for VAT purposes. Facts of the case Adient group is a

Background As a reminder, on 19 June 2023, the European Commission released a proposal for a Council Directive on Faster and Safer Relief of Excess Withholding Taxes (“ FASTER Proposal”) laying down rules on the issuance of a digital tax residence certificate by EU Member States and the procedure to

Overview The European Union's financial sector's digital operational resilience is undergoing significant enhancement through the implementation of Regulation (EU) 2022/2554 (“ DORA ” or the " Regulation") and Directive (EU) 2022/2556 (the “ Directive ”) both adopted on 14 December 2022

Background On 29 May 2020, the EBA published final guidelines (the “ Guidelines”) on the granting and monitoring of loans, the aim of which was to ensure that entities granting loans have adequate procedures for granting and monitoring loans to prevent loans from ending up as non-performing loans ("

Basel III finalisation: CRD VI and CRR III have been published The Capital Requirements Directive ( Directive 2013/36/EU), and the Capital Requirements Regulation ( Regulation 2013/575/EU) and aiming to ensure resilience of the EU banking sector against economic shocks, have been amended to

On 27 May 2024, ESMA published new questions and answers regarding Regulation (EU) 2020/1503 on European crowdfunding service providers for business (the “ Crowdfunding Regulation”). With respect to prudential requirements for control functions (compliance, risk and audit) of crowdfunding service

On 20 June 2024, the CSSF has released an update on its Frequently Asked Questions concerning Circular CSSF 02/77 on protection of investors in case of NAV calculation errors, non-compliance with investment rules and other types of errors at UCI level (which will be replaced by Circular CSSF 24/856

Background Pursuant to Regulation (EU) No. 596/2014 on market abuse (the “ Market Abuse Regulation” or “ MAR” ), in the 30 days before the publication of half yearly and annual results of an issuer whose securities are admitted to trading, persons discharging managerial responsibilities (“ PMDR”)