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Luxembourg adopts insolvency reform: new restructuring options to complete the existing Luxembourg toolkit

The Luxembourg parliament has adopted an act on business continuity, restructuring and the modernisation of the bankruptcy regime (the Insolvency Modernisation Act or IMA)....more

Clarification changes to the August 2005 Luxembourg Act

Clarification changes in relation to the Luxembourg Act dated 5 August 2005 on financial collateral arrangements, as amended (the Luxembourg Collateral Act)....more

The end of a long controversy: Financial assistance regime does not apply to S.à r.l.s

The Luxembourg legislator has just eliminated almost five years of uncertainty by clarifying that the financial assistance regime provided for by the Luxembourg Companies Act does not apply to private limited liability...more

Extension of the deadline for Brexit notifications

On 6 November, the CSSF released a new press release 19/54 which is intended to replace the reference date to a hard Brexit (i.e. 31 October 2019) in all previous CSSF communications with the new Brexit date, 31 January 2020....more

11/11/2019  /  AIFM , CSSF , Deadlines , EU , Luxembourg , Time Extensions , UK Brexit

Management and conversion of FCP-RAIFs: the end of an uncertainty

The ability of Chapter 15 management companies to manage FCP-RAIFs was controversial due to diverging readings of the RAIF Law. Also, the RAIF Law did not expressly provide for the possibility of conversion of an FCP-RAIF...more

Asset managers, life insurance companies and pension funds: engage or explain

On 1 August 2019, the Luxembourg legislator implemented the second shareholder right directive (SRD II) by amending the law of 24 May 2011 relating to the exercise of certain shareholder rights at general meetings of listed...more

Register of beneficial owners: make sure you are ready by 31 August 2019

As indicated in our previous e-alert? the Luxembourg register of beneficial owners (the Luxembourg RBE) will go live on 1 September 2019. If you are the director or manager of an entity registered with the Luxembourg trade...more

Clarifications on the Operating Conditions of the Register of Beneficial Owners

The Grand Ducal regulation specifying certain practical requirements under the act establishing the register of beneficial owners (registre des bénéficiaires effectifs) (the RBE) was adopted on 15 February 2019 (the...more

The act on the register of beneficial owners has just been published

The long awaited Luxembourg act of 13 January 2019 pertaining to the register of beneficial owners (the Act) has just been published in the Official Journal on 15 January 2019. It will enter into force on 1st March 2019....more

1/24/2019  /  Beneficial Owner , EU , Luxembourg

Interesting changes in relation to applicable cooperation requirements with the Luxembourg Financial Intelligence Unit

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

Latest developments on the implementation in Luxembourg of the provisions of the fourth AML directive pertaining to the registers...

Since our e-alert of 15 February 2018, the last three pieces of legislation aimed at formally transposing the fourth anti-money laundering directive (AMLD IV) in Luxembourg have been amended in the course of the legislative...more

Implementation of the EU Insurance Distribution Directive and reshaping of the protection mechanism for insurance claims under...

This is to inform you of the publication on 22 August 2018 of the Luxembourg law implementing EU directive 2016/97 on insurance distribution (IDD) and amending other aspects of the Luxembourg insurance sector legislation (the...more

8/29/2018  /  EU , Insurance Industry , Luxembourg , MiFID II

Latest developments on the implementation in Luxembourg of the provisions of the fourth AML directive

Since our e-alert of 15 February 2018, the last three pieces of legislation aimed at formally transposing the fourth anti-money laundering directive;(AMLD IV) in Luxembourg have been amended in the course of the legislative...more

The reform of the professional secrecy in the financial and insurance sector: the key changes

The provisions of the long awaited act of 27 February 2018 (the 2018 Act) which aim at smoothing (especially in the context of outsourcing arrangements) the professional secrecy regime that credit institutions, professionals...more

Implementation of the fourth AML directive in Luxembourg: what will be the new obligations?

The Luxembourg Parliament has now finally adopted bill n° 71281, which implements most of the provisions of the Directive (EU) 2015/849, the so-called 4th anti-money laundering directive (AMLD IV), into Luxembourg law. The...more

The RAIF: Reserved Alternative Investment Fund

On 14 July 2016, the Luxembourg Parliament approved bill of law n°6929 introducing a new type of Luxembourg investment fund: the reserved alternative investment fund (RAIF - or fonds d’investissement alternatif réservé,...more

The Luxembourg Supervisory Authority Publishes Helpful Guidance On AIFMD Marketing Rules

The Luxembourg act of 12 July 2013 on alternative investment fund managers (AIFMs) implemented the AIFMD into Luxembourg law (the AIFM Act). The AIFMD is a maximum harmonisation Directive, which means that EU Member States...more

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