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Legal Developments in Luxembourg

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • ESMA consults on depositary requirements under UCITS V

    The European Securities and Markets Authority has issued a consultation paper seeking feedback from asset management industry members on its draft advice to the European Commission regarding depositary requirements under the forthcoming UCITS V directive. The paper has been drawn up in response to a provisional request from the Commission on July 3 seeking technical advice on the content of two delegated acts on depositaries that the Commission is called on to issue to complement the primary UCITS V legislative text.
  • Tax Update - October 2014

    Our quarterly tax update is dedicated to the main changes which have occurred over the last 3 months with regard to Luxembourg and international tax law. 2014.10.30_taxupdate
  • Claude Kremer elected to the Board of Directors of the International Investment Funds Association

    We are happy to announce that Claude Kremer, one of the founding partners of Arendt & Medernach, was elected to the Board of Directors of the International Investment Funds Association (IIFA) at their annual meeting in Canberra on 21 October 2014.
  • New set of restrictive measures against the Russian Federation in relation to events in Ukraine

    In view of the increasing gravity of the situation in Eastern Ukraine, the European Council has decided to reinforce the set of restrictive measures adopted on 30 and 31 July 2014 targeting cooperation and exchanges with the Russian Federation. 2014.09.18_luxembourg_newsflash
  • CSSF issues circular on investor notification of material changes to open-ended UCITS funds

    Luxembourg's Financial Sector Supervisory Authority According has published Circular 14/591 on July 22, addressed to all open-ended UCITS funds governed by the grand duchy's legislation of December 17, 2010, regarding the protection of investors in the event of a material change to an open-ended undertaking for collective investment. The CSSF says that according to well-established supervisory practice, in the event of such a material change to investors' interests in an open-ended fund under the 2010 law, the regulator requires that they be given sufficient time to take an informed decision, and that if they do not wish to accept the proposed change, they should be able to redeem or convert their shares or units free of charges.
  • Newsflash -Restrictive measures recently adopted against the Russian Federation

    In response to the downing of the Malaysian Airlines Flight MH17 in Donetsk and in view of the gravity of the overall situation, the Council of the European Union has adopted new restrictive measures targeting cooperation and exchanges with the Russian Federation. 2014.08.05_-_russian_sanctions_newsflash
  • Execution of search and seizure warrants in criminal matters in respect of electronic data

    Professionals of the financial sector have, in the past, regularly been confronted with search and seizure warrants in respect of electronic data in criminal matters where the professional's entire database has been seized for mining purposes. By a recent decision of the Luxembourg District Court, this questionable practice has now been challenged. 2014.07.14_-_search_and_seizure_warrants_in_criminal_matters
  • The CSSF publishes the article 42 AIFMD information form

    The Commission de Surveillance du Secteur Financier (CSSF) has today published guidance on the notification to it by non-EU AIFMs of their intention to market their EU and non-EU AIFs to professional investors in Luxembourg pursuant to article 42 of the AIFM Directive (AIFMD). Such guidance is in line with the approach being taken in other EU jurisdictions and is a necessary step to ensure compliance with the law when the transition period ends on 22 July next. newsflash_-_the_cssf_publishes_the_article_42_aifmd_information_form
  • The UCITS V Directive is adopted

    After the publication of the new CSSF Circular 14/587 on UCITS depositaries last week, it is now the European legislator's turn to adopt new rules on UCITS depositaries. Indeed, the Council of the European Union has formally approved today the proposal for a directive of the European Parliament and of the Council amending Directive 2009/65/EC on the coordination of laws, regulations and administrative provisions relating to UCITS as regards depositary functions, remuneration policies and sanctions (the UCITS V Directive). full_newsflash_-_the_ucits_v_directive_is_adopted
  • Tax update - July 2014

    Our quarterly tax update is dedicated to the main changes which have occurred over the last 3 months with regard to Luxembourg and international tax law. tax_update_-_july_2014