Newsletters & Newsflashes

Context As you may know from a previous newsflash on the subject dated October 16 th 2017, a draft Grand Ducal Regulation aimed at consolidating the Luxembourg law of August 10 th 1915 on commercial companies, as amended from time to time (the 1915 Law) was filed. What happened? On December 15 th

On December 12 th 2017 the European Supervisory Authorities (“ ESAs”) published draft regulatory technical standards amending Regulation (EU) 2016/2251 supplementing Regulation (EU) No. 648/2012 (“ EMIR”) with regard to regulatory technical standards on risk-mitigation techniques for OTC derivative

Since our last newsletter, the European Securities and Markets Authority (“ ESMA”) has twice updated its Questions and Answers (“ Q&A”) on Regulation (EU) 596/2014 of April 16 th 2014 on market abuse (the “ Market Abuse Regulation”), firstly to include two new questions and answers in Section 7 on

The Luxembourg Parliament published two new draft laws (No. 7216 and No. 7217) on December 6 th 2017, in order to implement provisions of Directive EU 2015/849 on the prevention and use of the financial system for the purposes of money laundering and terrorist financing (the “ 4 th AML Directive”)

On November 23 rd 2017, the Luxembourg government adopted a Grand-ducal Decree (the “ Grand-ducal Decree”) which abolished the Grand-ducal Decree dated January 21 st 2004 regarding the VAT exemption of services supplied by independent groups of persons (“ IGP”) to their members. The object of the

In its judgement handed down on November 22 nd 2017 in case C-251/16, the European Court of Justice (the “ ECJ”) had to rule on a reference for preliminary ruling by the Irish Supreme Court on the question of whether or not the principle of abuse of rights, as found applicable in the sphere of VAT

WHAT? Article 30 of the Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing (the 4 th AML Directive) creates transparency obligations for corporate and

Pursuant to Article 13 of Regulation (EU) 2015/2365 of November 25 th 2015 on transparency of securities financing transactions (“ SFT”) and of reuse (the “ SFTR”), UCITS management companies, and UCITS investment companies shall inform investors on the use they make of SFTs and total return swaps

WHAT? An ICO is an unregulated and innovative way of public fund raising, by selling coins or tokens. By launching an ICO, a company (the Issuer) (startup and/or fintech company) or an individual, issue coins or tokens for sale in exchange of virtual currencies, such as Bitcoin. Sometimes, ICOs may

On October 5 th 2017 ESMA added three new questions to its AIFMD Q&A. Regarding the impact of SFTR on alternative investment funds, ESMA adopts the same approach as for UCITS ( see above). One difference being that for AIFMs, the information have to be disclosed to investors only in each annual

On October 24 th 2017, the CSSF published its first questions and answers on the Markets in Financial Instruments Directive (recast) – Directive 2014/65/EU (“ MiFID II”) and Markets in Financial Instruments Regulation – Regulation 600/2014 (“ MiFIR”) (the “ Q&A”), addressing one issue related to

This newsletter is intended as a general discussion of the following topics: AML, Banking & Finance, Capital Markets, Data Protection, Dispute Resolution, Investment Management, IP/IT and Tax. If you would like to know more about the topics covered in this newsletter or our services please contact