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Global business in a changing Europe - 2024

With Parliamentary elections and a series of national votes in 2024, the EU is entering a pivotal period in its history. In this study, ‘Global business in a changing Europe’, we speak to corporate leaders across the world to...more

Directors' Liabilities in Europe: a multi-jurisdiction survey on current set of rules and best practices

Directors’ duties and liabilities have always been at the forefront of corporate governance. It has become a hot topic in the wake of new regulations in the field of sustainability, which directly impact directors’...more

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

New rules for arbitration under Luxembourg law: A modern and flexible framework for dispute resolution

On 25 April 2023, the new Luxembourg framework for arbitration foreseen by the Law of 19 April 2023 modifying the New Civil Procedure Code and reforming the arbitration entered into force....more

Directive (EU) 2020/1828: A new framework for EU class actions

For many years now, the EU has sought to create a collective redress mechanism across the EU market. Half of the EU member states have little or no such mechanism....more

When transparency clashes with fundamental rights: EU court curbs public access to beneficial owner registers – what does this...

By a decision rendered on 22 November 2022, the European Court of Justice (the Court) invalidates the provision of the anti-money laundering directive (AMLD) whereby the information on the beneficial owners of corporate and...more

Recent amendments to the Luxembourg AML/CTF legal framework

Make sure that your policies and procedures are up-to-date. A series of amendments were introduced into the amended act of 12 November 2004 on the fight against money laundering and terrorist financing (the AML Act 2004)...more

When governance goes green

Credit institutions need to take into account climate-related and environmental risks. As the management of climate-related and environmental risks is a crucial element to ensure robust internal governance arrangements, the...more

Resolution of the European Parliament on relationships between the EU and third countries

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

New intervention powers granted to the CSSF for residential housing loans

In light of the continued growth of residential housing prices and the impact on household debt, the Luxembourg parliament adopted a new act on 4 December 2019 (the Act) to grant specific intervention powers to Luxembourg’s...more

12/17/2019  /  Borrowers , CSSF , Loans , Luxembourg

Strong customer authentication for e-commerce card payment transactions: an EU harmonised extension of 14 months to be compliant

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

Brexit notification forms available on e-Desk to benefit from the transitional regime in Luxembourg

The CSSF press release 19/41 of 2 August 2019 informs UK firms, UCIs and/or their managers established in the UK (authorised under the UCITS Directive or AIFM Directive) having passported their services into Luxembourg that...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

Third country firms providing investment services on a cross-border basis – challenging times

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

Reminder for upcoming legal reporting to the CSSF - The CSSF amends CSSF circular 14/593 to reflect the fact that credit...

Since ensuring the quality of the prudential data reported to the CSSF is key to ensure adequate supervision of credit institutions both at national and EU levels, the CSSF now offers (from the reporting reference period...more

The CSSF endorses the 2018 Joint Guidelines on complaints-handling for the securities and banking sectors

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

New fraud data reporting requirements for payment service providers

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

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

New reporting obligation for payment service providers

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

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

Product governance obligations also apply to retail banking products

While significant efforts have been deployed by investment firms and credit institutions offering investment services to comply with MiFID II product governance obligations, particular attention should also be paid to...more

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

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