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  • Article

    ELTIF 2.0: Revised RTS Amendments Issued By ESMA

    The European Securities and Markets Authority (ESMA) has responded to the European Commission (the Commission) request for amendments to the draft Regulatory...
    LuxembourgStrategy
    CMS Luxembourg
    CMS Luxembourg
  • Article

    The Management Of ESG Risks By Credit Institutions Pursuant To CRD VI

    CRD VI Directive sets out further requirements regarding credit institutions' practices for managing ESG risks.
    LuxembourgCorporate/Commercial Law
    CMS Luxembourg
    CMS Luxembourg
  • Article

    GDPR Enforcement Tracker Report

    What a year for GDPR enforcement: 2021/2022 saw various landmark cases including: a new record fine of EUR 743 million; the total amount of all fines since May 2018 exceeding the EUR 1 billion mark...
    LuxembourgPrivacy
    CMS Luxembourg
    CMS Luxembourg
  • Article

    NEWSFLASH | Draft Bill No. 8669 — Deferred Payment Of Minimum Capital For Luxembourg S.à R.l.

    Draft Bill No. 8669 introduces greater flexibility for incorporating Luxembourg private limited liability companies.
    LuxembourgCorporate/Commercial Law
    CMS Luxembourg
    CMS Luxembourg
  • Article

    Specifications, Clarifications And Amendments To The Requirements For Professionals Subject To The AML Law

    On 8 August 2022 , the law of 29 July 2022 (the "Law") was published in the Official Journal of the Grand-Duchy of Luxembourg.
    LuxembourgGovernment, Public Sector
    CMS Luxembourg
    CMS Luxembourg
  • Article

    New Investment Rules For Luxembourg Unit-linked Life Insurance Products Taken Out After 1 February 2026

    On 28 January 2026, the Commissariat aux assurances (CAA) released circular letter 26/1 on investment rules for unit-linked life insurance products (the "Circular Letter"), together with its annexes regarding...
    LuxembourgInsurance
    CMS Luxembourg
    CMS Luxembourg
  • Article

    ESMA’s Supervisory Expectations For Investment Firms And Credit Institutions In The Context Of Triangular Passporting

    The European Securities and Markets Authority has issued new supervisory guidance on triangular passporting under MiFID II, addressing how authorized entities can use branches or tied agents in one host Member State to provide investment services in another. This briefing establishes principles to prevent regulatory arbitrage while clarifying supervisory responsibilities among national competent authorities across multiple jurisdictions.
    LuxembourgFinance and Banking
    CMS Luxembourg
    CMS Luxembourg
  • Article

    Carbon Funds: An Innovative Tool Towards A Decarbonised Economy

    With the urgency of climate change, actors in the financial sector realise the crucial role they can play in the transition to a sustainable economy. This is reflected in the number of new sustainable products aligned.
    LuxembourgEnvironment
    CMS Luxembourg
    CMS Luxembourg
  • Article

    Reverse Solicitation Regime Exempting Third-Country Firms From MiCAR Authorisation Requirements

    On 26 February 2025, ESMA issued Guidelines on the provision of crypto-asset services by a third-country firm at the exclusive initiative of the client under Regulation 2023/1114...
    LuxembourgTechnology
    CMS Luxembourg
    CMS Luxembourg
  • Article

    Back To Basics | Specialised Investment Fund ("SIF") In Luxembourg

    This Back to Basics note follows our key concepts briefings, which intend to provide high-level insights regarding funds fundamentals, funds vehicles and operational considerations, available here.
    LuxembourgTax
    CMS Luxembourg
    CMS Luxembourg
  • Article

    CSSF FAQ On Cross Border Distribution Of Funds: Guidance On Marketing Communications

    On 20 September 2022, the Luxembourg Commission de Surveillance du Secteur Financier (the CSSF) published a list of questions and answers (the CSSFFAQ) on the application...
    LuxembourgFinance and Banking
    CMS Luxembourg
    CMS Luxembourg
  • Article

    Registration Of The Luxembourg National Identification Number For Natural Persons Registered With The RCS

    As of November 12, 2024, with the implementation of new forms in HTML format that may be completed directly online (which will replace the current application forms in PDF format)...
    LuxembourgCorporate/Commercial Law
    CMS Luxembourg
    CMS Luxembourg
  • Article

    Back To Basics | Reserved Alternative Investment Fund ("RAIF") In Luxembourg

    This Back to Basics note follows our key concepts briefings, which intend to provide high-level insights regarding funds fundamentals, funds vehicles and operational considerations, available here.
    LuxembourgTax
    CMS Luxembourg
    CMS Luxembourg
  • Article

    Private Debt Funds And Loan Origination Activities Under Luxembourg Law – High-level Summary Around The Current Regulatory Status In View Of AIFMD II

    In recent years, both investors and investment managers have been keen to develop debt instruments for meeting the demand of alternative sources of financing...
    LuxembourgFinance and Banking
    CMS Luxembourg
    CMS Luxembourg
  • Article

    Creditors' Protection Enhanced In Financing Railway Rolling Stocks Following The Entry Into Force Of The Luxembourg Protocol

    The Cape Town Convention on international interests in mobile equipment (the "Convention") was adopted on 16 November 2001 and promotes the financing and acquisition of certain type of assets.
    LuxembourgInsolvency/Bankruptcy/Re-Structuring
    CMS Luxembourg
    CMS Luxembourg
  • Article

    DAC 8 Proposal Approved By The European Parliament

    In recent years, the crypto-asset landscape has steadily grown and has reshaped the world of payments and investments.
    European UnionTax
    CMS Luxembourg
    CMS Luxembourg
  • Article

    Commission Delegated Regulation On Sustainability Disclosures For STS Securitisations Enters Into Force

    The Commission Delegated Regulation, supplementing Regulation (EU) 2017/2402 (the "Securitisation Regulation"), entered into force on 8 July 2024 (the "Commission Delegated Regulation").
    LuxembourgFinance and Banking
    CMS Luxembourg
    CMS Luxembourg
  • Article

    CBAM Implementation Package Published And Proposals For Future Expansion

    On 17 December 2025, the European Commission published a long-awaited suite of implementing legislation and guidance for its Carbon Border Adjustment Mechanism (which we recently covered...
    LuxembourgCorporate/Commercial Law
    CMS Luxembourg
    CMS Luxembourg
  • Article

    Third Country Branches Regime Under The CRD 6

    Discussions regarding the proposal for a Directive of the European Parliament and of the Council amending Directive 2013/36/EU...
    LuxembourgFinance and Banking
    CMS Luxembourg
    CMS Luxembourg
  • Article

    European Commission's Call For Evidence On The Revision Of The Guidelines On State Aid In The Aviation Sector

    The European Commission has launched on 27 August a public consultation on State aid in the aviation sector. The consultation will run until 8 October 2024.
    LuxembourgTransport
    CMS Luxembourg
    CMS Luxembourg

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