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Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
The Luxembourg government has placed before parliament on January 18 draft legislation amending provisions relating to specialised investments funds (SIFs), risk capital investment companies (SICARs) and non-UCITS funds issued under Part II of the grand duchy’s collective investment fund legislation. The proposals would notably restrict SIF funds and sub-funds that invest in so-called exotic assets to professional investors, a tighter definition than that for eligibility for SIF investments in general.
Bill No 6900 for the budget for 2016, presented on 14 October 2015 by the Luxembourg Minister of Finance Pierre Gramegna, is about to be adopted. It repeals the existing business-friendly tax regime encouraging the exploitation of intellectual property rights (“IPRs”) as from 1 July 2016, with a transitional period beginning on 1 July 2016 and ending on 30 June 2021.
The European Securities and Markets Authority has issued a fresh update on October 1 to its Questions and Answers document providing guidance and interpretation of the EU’s Alternative Investment Fund Managers Directive as well as the European Commission’s level II delegated regulations on implementation of the directive issued in December 2012 and May 2013.
This 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_-_october_2015 .
Luxembourg is pushing ahead with legislation to adopt the UCITS V directive into national law. Bill no. 6845, transposing Directive 2014/91/EU of July 23, 2014, was approved by the cabinet on July 10 and placed before parliament on August 5. It is expected to be debated and adopted during the fourth quarter of the year.
On August 10, the CSSF issued the latest update of its Frequently Asked Questions document on the grand duchy’s law of July 12, 2013 implementing the AIFMD and the European Commission’s Level 2 regulation on implementation of the directive, last revised on December 29, 2014. The FAQ document has now run to nine versions over the past year and a half. Its aim is to highlight aspects of the AIFMD rules from a Luxembourg perspective, for the benefit primarily of alternative funds and managers established in the grand duchy. It complements Q&A documents on the AIFMD published by ESMA, itself most recently updated last month, and by the European Commission.
On 23 July 2015, a new law concerning the reform of social dialogue (hereafter the “Law”) was enacted which profoundly impacts staff representation within companies. 09.09.2015_newsflash_-_new_legislation_on_staff_representation
>The Directive 2013/36/EU (CRD IV) has finally been implemented in Luxembourg and the most part of the CRD IV provisions is now incorporated into the Law of 5 April 1993.
The European Securities and Markets Authority has published – with a slight delay of six days beyond the July 22 deadline – its advice on extending access to the EU market under the Alternative Investment Fund Managers Directive to non-EU alternative investment fund managers and funds, recommending that the AIFMD passport be granted to Guernsey, Jersey and Switzerland.
On May 5 the Luxembourg Financial Supervisory Authority issued CSSF Circular 15/612, addressed to all managers of alternative funds subject to the 2013 legislation implementing the Alternative Investment Fund Managers Directive, regarding reporting on unregulated alternative funds, whether established in Luxembourg, another EU member state or in a non-EU jurisdiction, as well as alternative funds regulated outside the EU.