Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
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Luxembourgâs Finance Ministry has placed before the Chamber of Deputies draft law 7433 , which is designed to encourage the establishment in the grand duchy of sustainable investment vehicles and funds that follow environmental, social responsibility and governance strategies. The legislation amends Luxembourgâs UCITS law by reducing the rate of the annual subscription tax on assets from 0.05% to 0.01% for funds with a sustainability certification and ESG, green or social purpose incorporated into their investment process. Compliance with these conditions should to be certified by an independent auditor.
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The Law of 16 July 2019 implementing the regulations on EuVECA, EuSEF, ELTIF and MMF (the âRegulationsâ) and amending the RAIF law entered into force on 22 July 2019 (the âLaw of 16 July 2019â).
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The Luxembourg government adopted on February 15 a Grand-Ducal Regulation regarding the registration, fees and other charges relating to the forthcoming Register of Beneficial Owners, as well as on access to the registerâs information. The regulation supplements and adds additional detail to the provisions of the law of January 13, 2019 creating the register of beneficial owners. Both the regulation and legislation came into force on March 1.
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On 13 January 2019 the Luxembourg parliament adopted a new law relating to the register of beneficial owners (hereafter the âLawâ). It is a part of the implementation of the recent EU legislation on the anti-money laundering (so-called 4th and 5th anti-money laundering directive). The Law will enter into force on 1 March 2019. The existing companies will have up to six months (i.e. until 1 September 2019) to comply with the new obligations.
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The leitmotif underpinning the Law is the same as that for the parental leave reform in 2016, namely enabling employees to achieve a greater balance between their private and professional lives.
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We would like to kindly remind you that from 7 January 2019 to 28 March 2019, the Financial Conduct Authority ("FCA") online system âConnectâ is open for EEA-based firms and fund managers of EEA-domiciled investment funds (UCITS and AIF) currently passported into the UK to notify the FCA about their intention to participate in the temporary permissions regime (âTPRâ).
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On 5 March 2019 the Luxembourg government filed the new finance bill n° 7450 (âFinance Billâ) with the Luxembourg parliament
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On 26 February 2019 the Grand Chamber of the Court of Justice of the European Union (âCJEUâ) rendered 2 judgments regarding the non-application of the Parent Subsidiary Directive (Council Directive 90/435/EECÂ â âPSD") and the Interest and Royalties Directive (Council Directive 2003/49/EC â âIRDâ) in case of fraud or abuse, even in the absence of any domestic anti-abuse legislation.
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On 31 January 2019, the bill of law n°7401 (the âBillâ) was issued on measures to be taken
in relation to the financial sector in case of the withdrawal of the United Kingdom (âUKâ) and
North Ireland from the European Union (âEUâ) (âBrexitâ).
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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.