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Legal articles and law resources: legal resources online from LexGO

Legal articles galore…

LexGO offers a wealth of information on legal topics. Each day we publish several articles written by legal and tax specialists from law firms, notaries offices, the legal departments from payroll agencies and tax consultants. It is the perfect way for lawyers at the Bar, in-house counsel, barristers, solicitors, notaries, bailiffs, paralegals and any other legal professional with an interest in Belgian and European law to keep informed of new legislative initiatives, case law, legal doctrine and all other legal developments on the Belgian legal scene!

Articles


Mr. Pierre-Alexandre Degehet
Mr. Maria Casanova

CSSF Press Release 17/38 on risks of ICOs for investors
20/11/2017

An ICO is an unregulated and innovative way of public fund raising, by selling coins or tokens. By launching an ICO, a company (the Issuer) (startup and/or fintech company) or an individual, issue coins or tokens for sale in exchange of virtual currencies, such as Bitcoin. Sometimes, ICOs may as well involve traditional currencies

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IT Outsourcing Relying on Cloud Computing - CSSF Circular 17/654

IT Outsourcing Relying on Cloud Computing - CSSF Circular 17/654
20/11/2017

On May 17th 2017, the Commission de Surveillance du Secteur Financier (“CSSF”) published four new circulars including Circular 17/654 (“Cloud Circular”) concerning IT outsourcing, which modify the existing regulatory framework, and relate to cloud computing infrastructure. The purpose of the Cloud Circular is to clarify the regulatory framework governing IT outsourcing relying on a cloud computing infrastructure provided by an external provider.

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Mr. Clément Petit
Mr. Benoît Rose

ESMA Q&A update and focus on the new EU prospectus regulation ESMA Q&A update and focus on the new EU prospectus regulation
17/11/2017

On 20 October 2017, the European Securities and Markets Authority (the “ESMA”) updated its Questions and Answers Prospectuses document (27th version) (the “Q&A”) in relation to the new prospectus regulation (EU 2017/1129) (the “Regulation”) published in the Official Journal of the European Union on 30 June 2017.

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VAT | The IGP Exemption does not apply to the Financial and Insurance Sector

VAT | The IGP Exemption does not apply to the Financial and Insurance Sector
17/11/2017

On September 21st 2017, the European Court of Justice (the “ECJ”) rendered its judgements in three different cases regarding the interpretation of the VAT exemption of services supplied by independent groups of persons (“IGP”) to their members.

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Mrs. Emmanuelle Ragot
Ms. Florence Delille

Les écrits numériques : vers une dématérialisation de tous contrats ?
15/11/2017

Le développement du commerce électronique et des échanges à distance a eu un impact fondamental sur la manière d’entrer dans une relation contractuelle. Si un contrat reste formé par la rencontre d’une offre et d’une acceptation, plusieurs problématiques spécifiques ont émergé de l’utilisation de ce nouveau moyen de communication et d’entrée en relations.

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MIFID II | Draft Law and Grand Ducal Regulation

MIFID II | Draft Law and Grand Ducal Regulation
13/11/2017

According to the Directive 2014/65/EU of 15 May 2014 on markets in financial instruments (“MiFID II”), Member States must transpose the directive in national law by July 3rd 2017 and apply those laws and regulations from January 3rd 2018. We have written on MiFID II and the delegated directive and regulations supplementing MiFID II in earlier newsletters.

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Mr. Gilles Dusemon
Mr. Adrian Aldinger

The amended EuVECA and EuSEF Regulations
13/11/2017

Regulation (EU) 2017/1991 amending regulations (EU) No 345/2013 on European Venture Capital Funds (EuVECAs) and (EU) No 346/2013 on European Social Entrepreneurship Funds (EuSEFs) (together, the “Regulations”) has been published today in the Official Journal of the European Union and will be applicable as of 1 March 2018.

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Mr. Laurent Thailly

Luxembourg Corporate - Unregulated securitisation vehicles
10/11/2017

With over 1,000 securitisation vehicles (SVs) and thousands of related compartments, the Luxembourg securitisation market enjoys a continuous and steady growth, and it is forecast that this well-established trend will continue and gain further strength in the coming years. As a leading hub in Europe for securitisation and structured finance transactions, Luxembourg 

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PRIIPS KID

PRIIPS KID
03/11/2017

Level 3 and 4 measures relating to the Commission Delegated Regulation on Key Information Documents (“KIDs”) for Packaged Retail and Insurance-based Investment Products (“PRIIPs”) were published at the beginning of July.

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Mr. Michel Bulach
Mr. Charles Krier

Transposition of the second payment service directive (PSD2) in Luxembourg through draft bill n° 7195
02/11/2017

On 10 October 2017, draft bill n°7195 transposing PSD2 into national law was submitted to the Luxembourg Parliament.

PSD2entered into force on 12 January 2016 and is applicable from 13 January 2018, by which time Member States will have to adopt and publish the measures necessary to comply with PSD22. PSD2 repeals the first payment service directive (PSD)3 effective 13 January 2018, as the review of PSD revealed significant technical innovation in the retail payments market, such as the emergence of financial technology (FinTech) companies that challenged traditional forms of payment by offering affordable and highly digitalized services, many falling entirely or in large part outside the scope of PSD.

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