Share on LinkedInShare on LinkedIn

ARTICLE · 21 DECEMBER 2022

MiFID ESG Suitability Requirements Specified By ESMA

ELVINGER HOSS PRUSSEN, société anonyme
Explore more from ELVINGER HOSS PRUSSEN, société anonyme

On 23 September 2022, the European Securities and Markets Authority ("ESMA") published its final report on Guidelines on certain aspects of the MIFID II suitability requirements ("Guidelines").

LuxembourgCorporate/Commercial Law
Elvinger Hoss Prussen
Elvinger Hoss Prussen

On 23 September 2022, the European Securities and Markets Authority ("ESMA") published its final report on Guidelines on certain aspects of the MIFID II suitability requirements ("Guidelines"). The Guidelines are an update of the 2018 version and apply as of six months from the date of their publication on ESMA's website in all EU official languages.

The relevant changes stem from Commission Delegated Regulation (EU) 2021/1253, amending Delegated Regulation (EU) 2017/565 on organisational requirements for investment firms ("MiFID II Delegated Regulation"). From 2 August 2022, the application date of the MiFID II Delegated Regulation, MiFID firms providing discretionary portfolio management services or investment advice now also have to meet the client's sustainability preferences in addition to the other parameters of the suitability test, including the client's financial situation, knowledge and experience.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

New Guidance Issued By The Luxembourg Business Registers On Beneficial Ownership Registration

The Luxembourg Business Registers has issued new guidance requiring entities held by fiducies, trusts, or foundations to look through these structures when determining beneficial ownership for registration purposes. This circular introduces significant changes to how beneficial owners must be identified and reported, aligning Luxembourg's approach with upcoming EU regulations and potentially requiring many entities to review and amend their existing registrations.
LuxembourgCorporate/Commercial Law
A&O Shearman
A&O Shearman
Article

New LBR Sanctions Regime

Luxembourg has strengthened its enforcement framework for the Register of Beneficial Owners and Trade and Companies Register, granting the Luxembourg Business Registers new administrative powers to monitor compliance and impose sanctions. Starting September 2026, entities with incomplete or inaccurate filings may face progressive penalties including daily fines, administrative deregistration, and potential dissolution.
LuxembourgCorporate/Commercial Law
Loyens & Loeff
Loyens & Loeff
Article

Luxembourg Business Registers Launches Enforcement Phase Of RCS And RBE Compliance Procedure

Luxembourg's Business Registers will begin enforcing compliance sanctions from September 2026, introducing a graduated penalty system for entities with incomplete or inaccurate RCS and RBE filings. The framework progresses from public warnings to daily fines of EUR 40 and potential deletion from the registers, with entities able to regularise their position at any stage to avoid escalating consequences.
LuxembourgCorporate/Commercial Law
Tiberghien
Tiberghien
Article

Luxembourg Business Registers Launches Enforcement Phase For RCS And RBE Compliance

Luxembourg's business registers have entered an enforcement phase targeting companies that have failed to comply with RCS (Registre de Commerce et des Sociétés) and RBE (Registre des Bénéficiaires Effectifs) requirements. Non-compliant entities now face potential penalties and administrative actions as authorities intensify their regulatory oversight. Understanding these enforcement measures and compliance obligations is critical for businesses operating in Luxembourg's jurisdiction.
LuxembourgCorporate/Commercial Law
Luther Luxembourg S.A.
Luther Luxembourg S.A.