The 4th EU AML Directive1, as amended by the 5th EU AML Directive2, 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.
On 26 February 2019 the Grand Chamber of the Court of Justice of the European Union (“CJEU”) rendered 2 important judgments regarding the non-application of the Parent Subsidiary Directive1 (“PSD”) and the Interest and Royalties Directive2 (“IRD”) in case of fraud or abuse, even in the absence of any domestic anti-abuse legislation.
On 15 February 2019, a Grand Ducal Regulation on the registration requirements, administrative fees and access to information in the Luxembourg register of beneficial owners (the "REBECO Regulation") was adopted. The REBECO Regulation will enter into force on 1 March 2019.
(Some) clarifications regarding the Register of BOs: publication of the Grand-Ducal Regulation of 15 February 2019 on the modalities for registration, payment of the administrative fees and on the access to the information registered with the register of beneficial owners
On 14 February 2019, the Luxembourg parliament approved the bill of law to ratify the Multilateral Instrument (“MLI”) and introduce it into domestic law.
The CSSF has adopted on December 17th 2018 the guidelines of the European Banking Authority on the notification of major operational or security incidents (EBA/GL/2017/10) (the “EBA Guidelines”).
?On 31 January 2019, the Ministry of Finance has submitted a bill of law to the Luxembourg Parliament (the Bill 7401) as regards the measures to be taken in relation to the Luxembourg financial sector in the case of the exit of the United Kingdom (UK) from the European Union (EU) without the conclusion of an agreement (Hard Brexit).
On 15 January 2019, the law establishing a Luxembourg register of beneficial owners (the "REBECO Act"), transposing Article 30 of the 4th AML Directive (2015/849/EU), was published.
The Grand Duchy of Luxembourg has fulfilled its European obligations in the fight against money laundering and the financing of terrorism by transposing Directive 2015/849 of 20 May 2015 (also known as the 4th EU AML Directive) into national law with the brand new Law of 13 January 2019 (the RBE Law).
The Luxembourg law creating a register of beneficial owners transposing article 30 of Directive 2015/849 was adopted on 13 January 2019 and published on 15 January 2019 in the Memorial (the “Law”)
