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Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
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.
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
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.
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
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.
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
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 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
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
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