Financial Regulatory News Updates - December 2019

The European Union Authority for Anti-Money Laundering and Countering the Financing of Terrorism has finalised three sets of Regulatory Technical Standards...

Luxembourg's CSSF imposed a €56,000 fine on Stonehage Fleming Luxembourg S.A. for multiple compliance failures, including significant delays in processing sanctions screening alerts and implementing changes to screening lists. At the time of inspection, hundreds of alerts had been treated with substantial delays and 42 alerts remained completely unnoticed by the financial services provider.

The EU's third-country branch regime under CRD VI fundamentally changes how non-EU banks can serve European clients, requiring most institutions to establish authorized branches or subsidiaries by January 2027. With national transposition underway and a critical grandfathering deadline already passed, affected institutions must urgently assess their EU activities, evaluate available exemptions, and determine whether their current operating models remain viable under the harmonized framework.

On 23 September 2022, ESMA released an updated version of its Guidelines on certain aspects of the suitability requirements as provided for under Directive 2014/65 on Markets...

Two years on from the entry into force of Directive (EU) 2024/927, commonly referred to as AIFMD II, the 16 April 2026 transposition deadline has passed, and the state of play across the EU is best described as uneven, with compliance posture increasingly dependent on where an AIFM is authorised. However, Luxembourg, which hosts the largest shares of EU AIFs within the Union, transposed the Directive without material gold-plating.

The formal process of implementation of Directive (EU) 2024/1619 amending Directive 2013/36/EU ("CRD VI") began on 6 October 2025 with the publication of the bill of law n°8627 ("Bill") and its submission to Parliament.

The Luxembourg law of March 3, 2026 transposed the AIFMD II Directive into national law, introducing significant changes to the regulatory framework governing alternative investment funds. This article examines the practical implications for financing transactions involving Luxembourg AIFs, analyzing how the new rules on loan origination, leverage caps, concentration limits, and enhanced disclosure requirements affect both lenders and borrowers in structured finance arrangements.

Reverse solicitation remains one of the most scrutinised concepts in fund distribution, offering a legitimate route for investment when approached entirely on the investor's initiative. Yet the distinction between genuine unsolicited interest and marketing activity carries significant regulatory consequences, requiring AIFMs to navigate narrow fact-specific exceptions rather than treating it as a designed distribution model.

On 29 August 2024, Luxembourg's CSSF issued Circular 24/860, clarifying governance, risk management, and audit committee requirements for credit institutions, updating key provisions of Circular 12/552.

Luxembourg's partnership limited by shares (SCA) offers private fund managers a compelling corporate alternative to the special limited partnership structure, particularly for EU family offices and high-net-worth individuals. When combined with the RAIF regime, this vehicle achieves tax neutrality while maintaining the corporate governance framework that certain investors prefer. The SCA-RAIF structure addresses key legal and tax considerations while providing flexibility for secondary strategies, fund-of-f

The OECD has released new administrative guidance on Pillar Two's Global Anti-Base Erosion (GloBE) Rules, addressing explicitly conditional taxes and QDMTT safe harbour operations. The package includes an updated GloBE Information Return incorporating permanent safe harbours and establishes a peer review framework for assessing whether domestic legislation aligns with international standards.

Algorithms and AI are rapidly reshaping how companies set prices and compete, but they are also attracting intensified antitrust scrutiny.

The European Commission's Digital Omnibus Proposal introduces a set of targeted changes to the GDPR that are intended to reduce unnecessary burden for organisations, increase legal certainty...

The EU's digital regulatory framework—spanning the AI Act, GDPR reforms, the Data Act, NIS2, and the Cyber Resilience Act—extends far beyond European borders...

The European Parliament and Council have formally adopted amendments to the EU Artificial Intelligence Act as part of the Digital Omnibus package, introducing extended compliance deadlines for high-risk AI systems, a targeted prohibition on AI-generated non-consensual intimate imagery, and measures to reduce regulatory duplication for businesses operating in the EU.

Switzerland's new Legal Entities Transparency Act introduces a centralised federal register of beneficial owners, fundamentally changing how Swiss companies must identify, document and report ultimate ownership and control structures. The regime imposes strict reporting deadlines beginning in late 2026, with criminal sanctions for non-compliance reaching up to CHF 500,000 for intentional breaches. Companies must now navigate complex look-through requirements, enhanced documentation obligations, and ongoing

The OECD's proposed revisions to Chapter VII of the Transfer Pricing Guidelines represent the most extensive rewrite of intra-group services guidance in years, introducing new requirements for accurate delineation, expanded benefit testing, and dedicated documentation standards. Loyens & Loeff's Transfer Pricing team has submitted detailed comments assessing whether these changes reduce compliance burdens or risk increasing double taxation for multinational enterprises.

European consumer protection law now requires online traders to provide a clearly labeled withdrawal button on their platforms, implementing a structured two-step process that makes it as easy for consumers to exit contracts as it was to enter them.

The Belgian federal government has reached an agreement on the introduction of a new capital gains tax, which will significantly affect the taxation of financial assets for private individuals and certain legal entities.

On 13 November 2025, the European Commission announced that it has formally opened an antitrust investigation to assess whether Red Bull has illegally restricted competition in the energy drinks sector...