The text of the directive to amend the AIFMD (so-called AIFMD 2.0) was published in the Official Journal of the EU on 26 March 2024 and will enter into force on 15 April 2024.
Member States have 24 months to transpose the...more
As noted in our earlier OnPoint, on 25 November 2021, the European Commission (the Commission) adopted a package of measures that aimed to deliver on several key commitments in the 2020 Capital Markets Union action plan,...more
5/31/2023
/ AIFM ,
Alternative Investment Fund Managers Directive (AIFMD) ,
Capital Markets Union ,
EU ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Investment ,
Liquidity Risk Management Rule ,
MiFID II ,
Reporting Requirements ,
UCITS
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
On 25 November 2021, the European Commission (the Commission) adopted a package of measures aimed to deliver on several key commitments in the 2020 Capital Markets Union (CMU) action plan. The package includes four...more
11/30/2021
/ AIFM ,
Alternative Investment Fund Managers Directive (AIFMD) ,
Capital Markets ,
Capital Markets Union ,
ELTIF ,
EU ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Investment Funds ,
MiFIR ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Reform ,
UCITS
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
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
The entry into force of AIFMD in Europe has resulted in a double layer of regulation, as we now have regulation and supervision at the level of the product (regulated investment funds) and supervision at the level of the...more
7/15/2016
/ AIF ,
AIFM ,
Alternative Investment Fund Managers Directive (AIFMD) ,
Asset Management ,
CSSF ,
EU ,
Institutional Investors ,
Investment Companies ,
Investment Funds ,
Luxembourg ,
Professional Investors ,
Reserved Alternative Investment Funds (RAIF) ,
SICAV
The Luxembourg financial regulator, the Commission de Surveillance du Secteur Financier (CSSF) published on 9 June 2016 an updated version of its FAQ concerning the Luxembourg law of 12 July 2013 on alternative investment...more
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
The Luxembourg supervisory authority, the Commission de Surveillance du Secteur Financier (CSSF), has recently issued FAQs regarding the immobilisation of bearer shares and units, as well as a press release to remind...more
One of the key drivers for the AIFMD1 is to monitor systemic risk by, among other means, collecting relevant information through harmonized reporting by alternative investment fund managers (“AIFMs”) on their alternative...more
As previously reported in Dechert's Fourth Quarter 2013 Financial Services Quarterly Report and DechertOnPoint, Luxembourg Law Transposing the AIFMD Passed by Luxembourg Parliament, Luxembourg’s transposition of the AIFMD...more
At the time of the transposition of the AIFMD into Luxembourg law, the Luxembourg government took the opportunity to reform the limited partnership regime, from both a corporate and fiscal perspective. The reform aims to make...more
The Luxembourg Parliament passed the law on the transposition of the AIFMD (the “AIFM Law”) on 10 July 2013. The AIFM Law will become effective on the day it is published in the Luxembourg official gazette, which will take...more