1. Bank regulation -
1.1 PRUDENTIAL REGULATION
a) General -
(i) EU -
EBA: Opinion on measures in accordance with Article 458 CRR following a notification by the De Nederlandsche Bank -
Status: Final -
The EBA has...more
9/4/2024
/ Banks ,
Capital Markets ,
Commission Delegated Regulation ,
EMIR ,
EU ,
European Banking Authority (EBA) ,
European Securities and Markets Authority (ESMA) ,
Financial Conduct Authority (FCA) ,
Financial Institutions ,
Financial Regulatory Reform ,
Financial Services Industry ,
FinTech ,
Investment ,
Regulatory Agenda
1. Bank regulation -
1.1 Prudential Regulation -
(a) General -
(i) International -
BCBS: Consultation on report regarding various technical amendments and FAQs -
Status: Consultation -
Deadline for the submission of...more
8/6/2024
/ Anti-Money Laundering ,
Artificial Intelligence ,
Banking Sector ,
Capital Markets ,
Commission Delegated Regulation ,
Digital Assets ,
EU ,
European Banking Authority (EBA) ,
European Securities and Markets Authority (ESMA) ,
European Supervisory Authorities (ESAs) ,
Financial Institutions ,
Financial Regulatory Reform ,
Financial Services Industry ,
FinTech ,
Investment Funds ,
MiFID ,
MiFIR ,
Payment Systems ,
Prudential Standards ,
Sustainable Finance
On 21 May 2024, a bill of law n° 8387 was introduced before the Luxembourg Parliament. Its objective is to amend several pieces of Luxembourg legislation to operationalise various European regulations, in particular...more
New EU legislative requirements will reshape how non-EU (including European Economic Area) banks service EU clients on a cross-border basis. In this note we summarise the new regime, its implications for firms providing...more
The Regulation (EU) 2023/1114 on Markets in Crypto-assets (MiCAR) has further expanded the panel of regulated entities by introducing the regulatory status of crypto-asset service providers (CASPs)....more
6/17/2024
/ Corporate Governance ,
Cryptoassets ,
Disclosure Requirements ,
EU ,
Financial Institutions ,
Financial Services Industry ,
FinTech ,
Fund Managers ,
Investment Management ,
Regulatory Agenda ,
Regulatory Requirements
To avoid potential risks to investor protection, as well as to financial stability within the European single market, the Regulation on Markets in Crypto-assets (MiCAR) is about to introduce a harmonised and dedicated set of...more
The EU is harmonising the rules on the prudential supervision of EU branches of non-EU banks under CRD VI. The new EU-wide third country branch regime will introduce minimum requirements including capital and liquidity...more
1/26/2024
/ Banking Sector ,
Capital Markets ,
Capital Requirements ,
Capital Requirements Regulation (CRR) ,
Cross-Border ,
EU ,
European Banking Authority (EBA) ,
Governance Standards ,
Grandfathering Rules ,
Intergovernmental Agreements ,
Liquidity ,
NCAs ,
Outsourcing ,
Recordkeeping Requirements ,
Reporting Requirements ,
Third Country Entities (TCEs)
Final provisions on cross-border banking services in the EU published -
CRD VI will bring in uniform minimum prudential requirements for third country branches providing banking services in the EU and, more importantly,...more
1/26/2024
/ Banking Sector ,
Basel III ,
Capital Requirements Regulation (CRR) ,
Credit Institutions ,
Cross-Border ,
EU ,
European Commission ,
Final Rules ,
Grandfathering Rules ,
Investment ,
Jurisdiction ,
Liquidity ,
Luxembourg ,
MiFID ,
New Rules ,
Prudential Standards ,
Reverse Solicitation
The huge expansion of crypto-assets over recent years and the popularity of their underlying technology (distributed ledger technology (DLT) or blockchain) have come with their share of challenges, including a significant...more
12/15/2023
/ Blockchain ,
Cryptoassets ,
Cryptocurrency ,
Distributed Ledger Technology (DLT) ,
EU ,
Financial Markets ,
Financial Regulatory Reform ,
Regulatory Agenda ,
Stablecoins ,
UK ,
Virtual Currency
As the final compromise text of the so-called Instant Payments regulation has just been published, our regulatory payment experts have summarised the key obligations that will apply to payment service providers in this...more
Since the beginning of the Brexit transition period, developments in both the UK and EU have impacted the MiFID rules in various ways.
In the UK, there have been changes under the EUWA on-shoring process; “quick-fix”...more
The Regulation on Markets in Crypto-assets (MiCAR) seeks to regulate a broad range of crypto-related products and services that do not currently fall within the scope of existing EU financial services legislation. It does not...more
On 16 June 2023, the European Banking Authority (EBA) published a report on the money laundering and terrorist financing (ML/TF) risks associated with payment institutions (PIs) in the EU, based on a risk assessment exercise...more
The European Commission has chosen the path of regulation for crypto-assets. This is with the aim of supporting innovation and fair competition, and ensuring a high level of consumer and investor protection and market...more
Legislative and regulatory initiatives in the field of sustainable finance, and more particularly in the financial sector, have recently multiplied....more
On 23 December 2019, a resolution of 11 September 2018 of the European Parliament (the Parliament) on relationships between the EU and third countries concerning financial services regulation and supervision was published in...more
Following its June opinion on the possibility for national competent authorities to work with payment service providers and relevant stakeholders and agree on limited additional time for compliance with the strong customer...more
One of the consequences of the implementation of MiFID II into Luxembourg law is the creation of a new regime for third country firms providing investment services. This new regime is distinct from the regime that is in place...more
By its circular 19/718 (https://bit.ly/2LDTG2k), the CSSF has endorsed the Guidelines on complaints-handling for the securities (ESMA) and banking (EBA) sectors of 4 October 2018 (JC 2018 35) (the Guidelines)....more
As already mentioned in our previous e-Alert of 16 January 2019, payment service providers must provide, at least on an annual basis, statistical data on fraud relating to different means of payment, to the Luxembourg...more
On 31 January 2019, the Ministry of Finance has submitted a bill of law to the Luxembourg Parliament (the Bill 7401) as regards the measures to be taken in relation to the Luxembourg financial sector in the case of the exit...more
By a circular 18/704 of 17 December 2018 (the Circular 18/704), the Luxembourg regulator of the financial sector, the Commission de surveillance du secteur financer (the CSSF) formally endorsed the Guidelines of the European...more
Professionals subject to the law of 12 November 2004 relating to the fight against money laundering and terrorist financing, as amended (the AML Law) (the Professionals) should be aware of a few changes introduced by the law...more