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Sustainable Finance Disclosure Regulation will apply from 10 March 2021

On 10 March 2020, the ESG – Sustainable Finance Disclosure Regulation (EU) 2019/2088 (SFDR) will start to apply. SFDR disclosures will be applicable both to financial products (e.g., alternative investment funds (AIFs),...more

ESMA guidelines in respect of performance fees in UCITS and certain types of AIFs

In its Report, ESMA stressed the lack of harmonisation between member states of the European Union with respect to performance fee structures, as well as the circumstances under which performance fees may be paid by...more

Covid-19 coronavirus: NAV issues in open-ended real estate funds

The Covid-19 pandemic and resulting government lockdowns have brought intense volatility both to financial markets and the real economy, and a sharp return of challenges that confronted asset managers in the Global Financial...more

Important clarifications for the Luxembourg fund industry on AML CFT requirements

Taking into account the results of the Luxembourg national risk assessment which classifies the fund industry as high ML/FT risk, the CSSF clarifies that Luxembourg regulated funds, like Luxembourg investment fund managers...more

Extension of the deadline for Brexit notifications

On 6 November, the CSSF released a new press release 19/54 which is intended to replace the reference date to a hard Brexit (i.e. 31 October 2019) in all previous CSSF communications with the new Brexit date, 31 January 2020....more

11/11/2019  /  AIFM , CSSF , Deadlines , EU , Luxembourg , Time Extensions , UK Brexit

Management and conversion of FCP-RAIFs: the end of an uncertainty

The ability of Chapter 15 management companies to manage FCP-RAIFs was controversial due to diverging readings of the RAIF Law. Also, the RAIF Law did not expressly provide for the possibility of conversion of an FCP-RAIF...more

Luxembourg Cloud computing rules for investment fund managers: a reminder of the obligations 6 months before their Cloud Register...

Last year, investment fund managers (IFMs) were caught by surprise with the immediate application of Circular 17/654 on IT outsourcing relying on a cloud computing infrastructure (the Cloud Circular), but every cloud has a...more

Brexit – 5 days to go for applying for the Luxembourg transitional period

Three questions relevant for UK managers still considering whether to apply or not. 1. We are a UK manager acting as portfolio manager based on a delegation from a Luxembourg AIFM or UCITS management company. Should we...more

Asset managers, life insurance companies and pension funds: engage or explain

On 1 August 2019, the Luxembourg legislator implemented the second shareholder right directive (SRD II) by amending the law of 24 May 2011 relating to the exercise of certain shareholder rights at general meetings of listed...more

Brexit notification forms available on e-Desk to benefit from the transitional regime in Luxembourg

The CSSF press release 19/41 of 2 August 2019 informs UK firms, UCIs and/or their managers established in the UK (authorised under the UCITS Directive or AIFM Directive) having passported their services into Luxembourg that...more

Updated Q&As on UCITS Directive – New KIIDs disclosure guidance

On 29 March 2019, ESMA clarified benchmark disclosure obligations for UCITS in an updated version of its Q&A on the application of the UCITS Directive. The new questions and answers are included in Section II on “Key Investor...more

Transitional Measures For The Luxembourg Financial Sector In Relation To A Hard Brexit (The Bill Of Law 7401)

On 31 January 2019, the Ministry of Finance has submitted a bill of law to the Luxembourg Parliament (the Bill 7401) as regards the measures to be taken in relation to the Luxembourg financial sector in the case of the exit...more

Circular BCL 2018/241 - Reporting of non-regulated AIFs to BCL for statistical purposes

We would like to bring the publication of Circular BCL 2018/241 dated 18 May 2018 (the Circular) to your attention. The Circular aims at informing non-regulated alternative investment funds (AIFs) of new statistical reporting...more

The RAIF: Reserved Alternative Investment Fund

On 14 July 2016, the Luxembourg Parliament approved bill of law n°6929 introducing a new type of Luxembourg investment fund: the reserved alternative investment fund (RAIF - or fonds d’investissement alternatif réservé,...more

The Luxembourg Supervisory Authority Publishes Helpful Guidance On AIFMD Marketing Rules

The Luxembourg act of 12 July 2013 on alternative investment fund managers (AIFMs) implemented the AIFMD into Luxembourg law (the AIFM Act). The AIFMD is a maximum harmonisation Directive, which means that EU Member States...more

New Legislation Concerning The Immobilisation Of Bearer Shares And Units

The Act intends to adapt Luxembourg legislation to the recommendations of the Financial Action Task Force (the FATF) and the global Forum on transparency and exchange of information for tax purposes (the Global Forum) in...more

8/19/2014  /  EU , FATF , Financial Regulatory Reform

Key issues for asset managers in 2014

In this newsletter - U.S.: - Dodd-Frank Act – Designation of asset managers as systemically important financial institutions - Volcker Rule finalised with a more limited application to covered fund activities...more

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