On 19 July 2024, the EU Commission formally adopted its delegated regulation supplementing the ELTIF Regulation. The delegated regulation seeks to set out the regulatory technical standards specifying when derivatives will be...more
The first phase of the Markets in Crypto-Assets Regulation (MiCA) applies from 30 June 2024.
Issuers of asset-reference tokens (ARTs) must be authorized in the EU, which includes submitting a detailed application and...more
ESMA has responded to the EU Commission’s March 2024 proposed amendments to the ELTIF 2.0 RTS.
ESMA has notably rejected the EU Commission’s alternative option of determining the maximum redemption amount by reference to...more
The CSSF has issued a new circular (Circular 24/856) aiming to protect investors in the event of certain errors and breaches.
Circular 24/856 will enter into force on 1 January 2025 and will repeal circular 02/77....more
European Securities Market Authority (ESMA) submitted draft ELTIF 2.0 Regulatory Technical Standards (RTS) to the European Commission in December 2023.
European Commission has informed ESMA it will only adopt the RTS once...more
3/29/2024
/ Anti-Dilution Terms ,
ELTIF ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Financial Stability Acts ,
Liquidity ,
Proposed Amendments ,
Regulatory Standards ,
Right of Redemption ,
Sale of Assets ,
Technical Standards
ESMA has submitted its proposals for RTS supplementing ELTIF 2.0 to the European Commission -
The RTS detail stringent conditions on liquidity and redemption provisions including in principle maximum quarterly redemption...more
1/12/2024
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Anti-Dilution Terms ,
CSSF ,
ELTIF ,
EU ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Financial Stability Board ,
Investors ,
IOSCO ,
Liquidity ,
Liquidity Management ,
NAV
On 11 July 2023, the Luxembourg Parliament adopted bill of law n°8183 which amends five existing Luxembourg laws relating to alternative investment funds (“AIFs”) and alternative investment fund managers (“AIFMs”), namely the...more
7/26/2023
/ Alternative Investment Fund Managers Directive (AIFMD) ,
ELTIF ,
EU ,
Financial Institutions ,
Financial Services Industry ,
Fund Managers ,
Investment Funds ,
Investment Management ,
Luxembourg ,
New Regulations ,
UK
On 9 March 2023, the Luxembourg Parliament adopted the Blockchain III Law. The Blockchain III Law – which was published on 17 March 2023 – amends, amongst others, the Financial Sector Law2 and the Financial Collateral Law....more
The Luxembourg government published bill of law n°8183 (the “Bill”) on 24 March 2023 that amends five existing laws on alternative investment funds (“AIFs”) and alternative investment fund managers (“AIFMs”), namely the UCI...more
3/28/2023
/ AIFM ,
AIFs ,
Annual Reports ,
Companies Act ,
CSSF ,
ELTIF ,
Liquidation ,
Luxembourg ,
New Legislation ,
Reserved Alternative Investment Funds (RAIF) ,
Shareholders ,
SICARs ,
UCIs ,
UCITS
This OnPoint summarizes the panel discussion at Dechert’s annual investment funds conference that took place in Luxembourg in the last quarter of 2022. At the conference, we discussed the Regulation on the Markets of Crypto...more
1/27/2023
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Alternative Trading System (ATS) ,
Broker-Dealer ,
CFTC ,
Cryptoassets ,
Digital Ledger Technology ,
Enforcement Actions ,
EU ,
European Commission ,
European Parliament ,
European Securities and Markets Authority (ESMA) ,
FinCEN ,
FSOC ,
Howey ,
Investment Funds ,
MiFID ,
Prospectus Regulation (PR3) ,
Rulemaking Process ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Stablecoins
On 15 June 2021, the Luxembourg financial services regulator, the Commission de Surveillance du Secteur Financier (the "CSSF") updated its Questions and answers on statuses of "PFS" – part II (the "PFS Q&A") by providing...more
The Luxembourg government and the CSSF recently have taken a number of measures to combat money laundering and terrorist financing. In other developments: the current Luxembourg Brexit laws will be rendered inapplicable by...more
1/23/2020
/ AIFM ,
Anti Tax Avoidance Directive (ATAD) ,
Anti-Money Laundering ,
Banking Sector ,
CSSF ,
Digital Data ,
EU ,
European Securities and Markets Authority (ESMA) ,
FATF ,
Financial Institutions ,
Financial Services Industry ,
Investment Funds ,
IOSCO ,
Liquidity Risk Management Rule ,
Luxembourg ,
MiFID ,
New Circular ,
Risk Assessment ,
Terrorist Financing Regulations ,
UCITS ,
UK Brexit
The Luxembourg supervisory authority, the Commission de Surveillance du Secteur Financier (CSSF), has published guidance regarding procedures to be followed by non-EEA firms when providing certain investment services in...more
7/10/2019
/ AIFM ,
Anti-Money Laundering ,
Cross-Border Transactions ,
CSSF ,
Financial Services Industry ,
Foreign Branch Offices ,
Foreign Investment ,
Investment Adviser ,
Luxembourg ,
MiFID II ,
Non-EEA Firms ,
Reserved Alternative Investment Funds (RAIF) ,
SICAV
The Luxembourg supervisory authority, the Commission de Surveillance du Secteur Financier (CSSF), and the Luxembourg government recently have taken measures to prepare for Brexit. In other developments, the Law of the...more
4/20/2019
/ AIFM ,
Beneficial Owner ,
Blockchain ,
CSSF ,
Distributed Ledger Technology (DLT) ,
European Economic Area (EEA) ,
European Securities and Markets Authority (ESMA) ,
Financial Conduct Authority (FCA) ,
Financial Services Industry ,
Foreign Investment ,
Grace Period ,
Grandfathered Status ,
Luxembourg ,
Memorandum of Understanding ,
Portfolio Managers ,
Reserved Alternative Investment Funds (RAIF) ,
Securities ,
SICARs ,
UCIs ,
UCITS ,
UK Brexit
Law on 21-month grandfathering period in a "hard Brexit" scenario -
Parliament has adopted legislation that will allow UK financial service providers to continue rendering certain services in Luxembourg for a period of up...more
4/15/2019
/ AIFM ,
Annual Regulatory Fees ,
Asset Management ,
Cloud Computing ,
CSSF ,
EMIR ,
EU ,
Grandfathering Rules ,
Infrastructure ,
Investment Funds ,
Luxembourg ,
No-Deal Brexit ,
SICARs ,
SIFs ,
UCIs ,
UCITS ,
UK Brexit
On 26 March 2019, the Luxembourg Parliament adopted the first few of a series of Brexit laws, including bill of law n°7401. In the event of a no deal Brexit, this bill will entrust the Luxembourg supervisory authorities for...more
3/27/2019
/ CSSF ,
EU ,
Financial Services Industry ,
Grandfathered Status ,
Luxembourg ,
New Rules ,
No-Deal Brexit ,
Parliamentary Procedure ,
Passporting ,
SIFs ,
UCIs ,
UCITS ,
UK ,
UK Brexit
Bill to set up a 21-month grandfathering period in a "hard Brexit" scenario -
The Luxembourg government has proposed legislation which would allow UK financial service providers to continue rendering certain services in...more
3/14/2019
/ Asset Management ,
Beneficial Owner ,
CSSF ,
Digital Ledger Technology ,
Distributed Ledger Technology (DLT) ,
EMIR ,
EU ,
Grandfathered Status ,
Investment Funds ,
Luxembourg ,
SICARs ,
UCITS ,
UK Brexit
The Luxembourg government has proposed legislation (Draft Bill), which would allow UK financial service providers to continue rendering certain services in Luxembourg for a period of up to 21 months after the date when the UK...more
2/11/2019
/ AIFM ,
Credit Unions ,
CSSF ,
EU ,
Financial Conduct Authority (FCA) ,
Financial Services Industry ,
Grandfathered Status ,
Investment Firms ,
Luxembourg ,
Member State ,
Memorandum of Understanding ,
No-Deal Brexit ,
Proposed Legislation ,
Transitional Arrangements ,
UCITS ,
UK ,
UK Brexit ,
Withdrawal Agreement
Luxembourg has transposed MiFID II into its national law, albeit five months after the deadline for doing so. In other matters, the Luxembourg supervisory authority, the Commission de Surveillance du Secteur Financier (CSSF)...more
10/24/2018
/ AIFM ,
AIFs ,
Asset Management ,
CSSF ,
Depository Institutions ,
European Economic Area (EEA) ,
Investment Funds ,
Luxembourg ,
Management Companies ,
MiFID II ,
New Circular ,
SICARs ,
SIFs ,
UCITS
The Commission de Surveillance du Secteur Financier (CSSF) issued a circular on 23 August 2018 (Circular), which consolidates into one document the requirements for Luxembourg UCITS management companies, self-managed UCITS,...more
Luxembourg recently published two important bills to combat money laundering and terrorism financing – one transposes the EU AML4 Directive1 into Luxembourg law; the second establishes a central register of beneficial owners,...more
1/17/2018
/ Amended Legislation ,
Anti-Money Laundering ,
Beneficial Owner ,
Company Law ,
Customer Due Diligence (CDD) ,
EU ,
Financial Action Task Force ,
Financial Institutions ,
Financial Services Industry ,
Internal Controls ,
Luxembourg ,
Policies and Procedures ,
Terrorist Financing Regulations ,
Transparency
Luxembourg recently has taken a number of actions in connection with the transposition or implementation of various EU directives and regulations, respectively, into national law. The Luxembourg government deposited a bill of...more
10/13/2017
/ BEPS ,
Copyright ,
CSSF ,
Financial Services Industry ,
IP License ,
Luxembourg ,
MiFID II ,
MiFIR ,
OECD ,
Packaged Retail And Insurance-Based Investment Products (PRIIPS) ,
Patents ,
Pharmaceutical Patents ,
Reserved Alternative Investment Funds (RAIF) ,
Retail Investors ,
SICARs ,
SIFs ,
Software ,
Tax Incentives ,
Utility Patents
The law that transposed UCITS V1 into Luxembourg law (UCITS V Law) entered into force on 1 June 2016. Among other matters, the UCITS V Law: (i) implements a depository regime based upon – but more stringent than – the AIFMD...more
7/7/2016
/ Administrative Monetary Penalties ,
AIFM ,
Alternative Investment Fund Managers Directive (AIFMD) ,
CSSF ,
Financial Services Industry ,
Investment Funds ,
Luxembourg ,
Management Companies ,
MiFID II ,
Remuneration ,
Sanctions ,
SICAV ,
UCITS
The Luxembourg government has brought to Parliament a bill of law transposing UCITS V into Luxembourg’s UCI Law and AIFM Law. Further, the Luxembourg CSSF published a new version of its AIFMD Frequently Asked Questions, among...more
10/8/2015
/ AIFM ,
Alternative Investment Fund Managers Directive (AIFMD) ,
CSSF ,
Deadlines ,
Depository Institutions ,
FATCA ,
FFI ,
Financial Institutions ,
Foreign Bank Accounts ,
Intergovernmental Agreements ,
Luxembourg ,
Pending Legislation ,
Remuneration ,
Reporting Requirements ,
UCITS