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ARTICLE · 28 OCTOBER 2019

Brexit Update: Mandatory CSSF Notification

ELVINGER HOSS PRUSSEN, société anonyme
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As indicated in our Newsletter - May 2019, two Brexit Laws1 were adopted in April 2019 in Luxembourg.

LuxembourgGovernment, Public Sector

1. Mandatory CSSF Brexit notifications

As indicated in our Newsletter - May 2019, two Brexit Laws1 were adopted in April 2019 in Luxembourg.

The Brexit Laws aim to address certain potential consequences of a situation whereby the UK leaves the EU in an uncoordinated manner on 31 October 2019, i.e. without concluding a withdrawal agreement based on Article 50(2) of the Treaty on the EU ("Hard Brexit").

These laws notably granted the CSSF the right to provide for a transitional regime, which would apply to firms providing management, investment and/or more general financial services in Luxembourg.

Indeed, in the case of a Hard Brexit, these firms will become "third-country entities" for the application of the EU legislation and they will lose the benefits derived from passporting rights provided for under the relevant EU Directives as from the date of the Hard Brexit.

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