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DROIT COMMERCIAL ET DES SOCIETES


Fund finance lending: a practical checklist

Fund finance lending: a practical checklist
20/06/2019

In this chapter we have tried to set out some of the key issues that a lender and its counsel need to consider when entering into a typical subscription (or capital call) finance transaction. 

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Fund finance lending: a practical checklist

Fund finance lending: a practical checklist
20/06/2019

In this chapter we have tried to set out some of the key issues that a lender and its counsel need to consider when entering into a typical subscription (or capital call) finance transaction. 

Read more
ESMA updates AIFMD and UCITS Q&A

ESMA updates AIFMD and UCITS Q&A
11/06/2019

The European Securities and Markets Authority (ESMA) has published and updated version of its questions and answers (Q&A) documents related to the application of the Alternative Investment Fund Managers Directive (AIFMD) and the Undertakings for the Collective Investment in Transferable Securities (UCITS ) Directive.

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The Amended Luxembourg PE Definition: Is There Really Something New?

The Amended Luxembourg PE Definition: Is There Really Something New?
10/06/2019

The 2019 tax reform implements the EU Anti-Tax Avoidance Directive (“ATAD”) and other Base Erosion and Profit Shifting (“BEPS”) related measures into Luxembourg tax law, including an amendment of the permanent establishment (“PE”) definition. 

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Less than three months left for RBO filing!

Less than three months left for RBO filing!
10/06/2019

The 4th EU AML Directive1, as amended by the 5th EU AML Directive 2, requires each Member State of the EU inter alia to establish registers of beneficial owners (“RBO”) in respect of corporate and other legal entities incorporated within its territory.
 

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

Third country firms providing investment services on a cross-border basis – challenging times
31/05/2019

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. 

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CSSF issues new guidance on the AML/CFT Investment Fund Questionnaire

CSSF issues new guidance on the AML/CFT Investment Fund Questionnaire
30/05/2019

On Thursday 23 May 2019, the Luxembourg Supervisory Authority of the Financial Sector (Commission de Surveillance du Secteur Financier or CSSF) published guidance in relation to the online anti-money laundering and combatting the financing of terrorism (AML/CFT) template questionnaire

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RBO: Deadline is Fast Approaching!

RBO: Deadline is Fast Approaching!
16/05/2019

As we mentioned in our January and March newsletters, Luxembourg has implemented a so-called Register of Beneficial Owners (“RBO”), which went into effect 1 March 2019.

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The Luxembourg Bill Implementing Srd II as Regards the Encouragement of Long-Term Shareholder Engagement

The Luxembourg Bill Implementing Srd II as Regards the Encouragement of Long-Term Shareholder Engagement
10/05/2019

On 25 January 2019, Bill No 7402 (the "Bill") implementing Directive (EU) 2017/828 as regards the encouragement of long-term shareholder engagement (the Shareholder Rights Directive II or SRD II) was introduced. 

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MiFID 2 third country access: the Luxembourg temporary regime now clarified by the CSSF

MiFID 2 third country access: the Luxembourg temporary regime now clarified by the CSSF
26/04/2019

On 12 April 2019, the CSSF released its Circular letter 19/716 on the provision in Luxembourg of investment services or performance of investment activities and ancillary services in accordance with Article 32-1 of the law of 5 April 1993 on the financial sector, as amended (the “LFS”).

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