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Pathfinder newsletter archives

2012

November 2012
September 2012
August 2012
July 2012 Direct insurance undertakings: Authorisation and activities. Reinsurance undertakings: Authorisation and activities. UCIs: Prospectus. Banks and investment firms: Central administration, internal governance and risk management.
May 2012 Buy-out and squeeze-out of securities. SIF: Reporting to the CSSF. Banks and investment firms: Operational risk. Automated trading environment.
March 2012 Payment services: Simplified procedure for e-money and payment institutions. Law on SPFs amended. Draft Law pertaining to insurance business. Draft Law on European Authorities.
January 2012 New filing procedure with the RCS. Enforcement of the 2011 reporting obligations for issuers subject to the Transparency Law. UCIs: mergers, master-feeder structures and notification. STRs no longer to be copied to the CSSF.

2011

December 2011 CSSF Circulars relating to electronic money institutions. CSSF Circular 11/523. Banks: Lump sum provision. Updated FATF statements. Insights into insurance through CAA Circular Letters. Supplementary supervision for financial conglomerate under EU Law.
October 2011 New Law on remuneration policies, credit-rating agencies and insurance business. Amendments to the SIF Law. Insurance: AML/CTF. Banks and branches: Professional obligations of réviseurs d'entreprises agréés.
September 2011 Exercise of shareholder rights in listed companies; Legal framework for electronic money institutions; Prudential supervision of banks and FSPs; Consumer Code introduced into Luxembourg Law; Paperless securities.
February 2011 Insurance agents and sub-brokers: professional qualifications. Insurance: AML/CTF risks and preventive measures. Insurance: technical interest rates. UCIs: entry into force of the new Law. Credit institutions: survey on past due loans, impairment and provisions. Investment firms: AGDL statistics.
January 2011 The awaited Law on UCIs enters into force. Modernisation of accounting law. Filing and publication obligations of Luxembourg branches of foreign companies. Financial institutions: capital requirements and remuneration policies.

2010

November 2010 Strengthening of Luxembourg AML/CTF legislation. Obligation to cooperate with the authorities clarified by the FIU. October 2010 FATF statements resumed by the CSSF. Technical interest rates applicable in the insurance sector.
September 2010 New Draft Laws pertaining to the Luxembourg financial services industry; Subscription tax for UCIs and SIFs investing in micro-finance; Bank Account Switching; FSPs: risk management under CSSF Circular 10/483; AML rules updated by the CAA and the CSSF respectively; rsight of payment systems regulated by the BcL; ECB opines on EU proposal on capital requirements and remuneration policies; Deadline for VAT refund claims 2009 extended to 31 March 2011
July 2010 Credit institutions: disclosures in times of stress; Management companies subject to Chapter 13: periodical information; CoREP; FATF statements; Commercial and companies register fees; Amendments to the market abuse law
June 2010 Large exposures: instructions related to table B 2.3 updated. Payment institutions: own funds. CoREP. Credit rating agencies.
May 2010 CSSF Circular 10/450 amending CSSF Circular 06/273 (concerning the notification of large exposures and the minimum capital requirement laid down in points 3, 4, 7 and 8 of Part XX) and CSSF Circular 08/381 was published on 16 April 2010.
March 2010 Corporate criminal liability introduced within Luxembourg law. Cross-border notifications. CSSF Circular on the audit profession. Annual reporting of direct insurance undertakings. QI 2.0: What is the impact for the fund industry? FATF mutual evaluation report on Luxembourg.
March 2010 AML obligations clarified by way of Grand-Ducal Regulation FATF statements – “black list” and “grey list” of countries. New Law on the audit profession. Adequacy of the competent authorities of certain third countries.
January 2010 Non-EEA custodians covered by CAA rules Actuarial Report for life insurance undertakings. Actuarial Report for non-life insurance undertakings. The scope of table III.1 extended to all investment firms.

2009

December 2009 Commission proposal for the amended EU Savings Directive. Grand-Ducal Regulation of 1 December 2009. CSSF Circular 2009/423 on the transmission of long form reports and management letters. Banking Directive 2009/111/EC. UCITS IV Directive 2009/65/EC. Regulation (EC) No 1060/2009 on credit rating agencies.
November 2009 Payment Services Law. CSSF Circular 09/420 and CSSF Circular 09/418 on cross-border payments. RSCL Circular 09/003 on the subject of permanent representatives and RSCL Circular 09/004 on cross-border mergers. Draft Law 6081 amending the market abuse law.
October 2009 This issue of Pathfinder takes a look at a change in the Luxembourg administrative practice through which UK resident non-domiciled persons become subject to savings withholding tax, Directives 2009/109/EC relating to reporting and documentation requirements in the case of mergers and divisions, new codified versions of the European Company Law Directives and, to conclude, at the Commission Proposals of 26 October 2009 to strengthen financial supervision.
September 2009 This issue of Pathfinder takes a look at the Grand-Ducal Regulations of 26 August 2009 for insurance and reinsurance undertakings, the European Commission proposal for the review of the Prospectus Directive and goes into a little more depth on the subject of the Luxembourg standardised accounting scheme under the Grand-Ducal Regulation of 10 June 2009.
August 2009 This issue of Pathfinder takes a look at the CSSF Circular 2009/410 amending the prudential financial reporting scheme for credit institutions and the Commission Regulation (EC) No 636/2009 on the IFRIC Interpretation 15.
July 2009 This issue of Pathfinder takes a look at the revised IFAC Code of Ethics for Professional Accountants and directive 2009/49/EC of 18 June 2009 amending the 4th and the 7th Council Directives
June 2009 This issue of Pathfinder takes a look at the Grand-Ducal regulation of 10 June 2009 on the standardised accounting scheme, draft law 6054 proposing a set of new rules for non-profit associations and foundations, CSSF Circular 09/403 on the sound liquidity risk management, Commission Regulations relating to accounting standards and the adopted UCITS IV directive and, to conclude, it explores the AML obligations laid down by CAA circular letter 09/6.
May 2009 This issue of Pathfinder takes a look at the Draft Law 5936 enacting Directive 2006/46/EC for credit institutions, Draft Law 6011 B amending the Law of 5 April 1993 on financial services, Draft Law 5829 on cross-border mergers of limited liability companies and the proposal for a Directive on alternative investment fund managers.
April 2009 This issue of Pathfinder takes a look at the Commission’s proposal for the AIFM directive, the draft Grand-Ducal regulation determining the content and the display of the SAS, the reminder of the CSSF concerning reporting obligations, the Grand-Ducal regulation of 22 April 2009 relating to the commercial and companies registry, European legislators’ approval of the regulation relating to CRAs and Solvency II and, finally, attempts to reveal the tax side of UCITS IV directive with respect to management companies.
March 2009 This issue of Pathfinder has a look at the recent Best Practices reports pertaining to the hedge fund industry, CSSF Circular 2009/393 on statistics on guaranteed deposits and instruments, CAA Circular Letter 2009/5 amending the annual return of reinsurance undertakings and, at last, outlines the new Draft Laws 5716 on electronic filing and 6015 on payment services.
February 2009 This issue of Pathfinder takes a look at the new CAA Circulars 2009/3 and 2009/4, CSSF Circular 2008/392, the press release regarding the European Commission’s action to ensure compliance with European laws on companies and corporate governance and, finally, sketches out the new Commission Regulations on international accounting standards.
January 2009 This issue of Pathfinder takes a look at the new CSSF circular 2008/387, draft law 5974, draft law 5978, draft law 5976 as well as Commission regulation (EC) No 1289/2008 and, finally, returns briefly to the law of 19 December 2008 abolishing capital duty.

2008

December 2008 This issue of Pathfinder returns to the EU savings directive and its implementation in Luxembourg, takes a look at the recent CSSF circulars relating to the mitigation of the consequences of the turbulence in financial markets without forgetting the reporting on large exposures and eligible assets for investments by UCITS and, finally, welcomes the new year with the new bank deposit guarantee.
November 2008 This issue of Pathfinder explores upcoming IFRS-based tax treatment issues for credit institutions, the Commission proposal for an amended EU Savings Directive and a look at the consolidated version adopted by the Commission of all the IFRS in force in the EU.
October 2008 This issue of Pathfinder, after releasing the newsflash on the IAS 39 reclassification, is pleased to present the Law of 24 October 2008.
September 2008 This issue of Pathfinder looks at the clarifications given by the CSSF on its ban on uncovered short selling, the recent BIS press release on liquidity risk management and supervision.
Flash news In its press release of 19 September 2008, the Commission de Surveillance du Secteur Financier (CSSF) announced its decision to ban naked short sales.
August 2008 This issue of Pathfinder gives the spotlight to the new Laws of 17 July 2008 on the fight against money laundering and terrorist financing, explores the new regime for private sector employees introduced by the Law of 13 May 2008 on the Single Status and then briefly presents CSSF Circulars 2005/369 and 2008/364 on FSP reporting requirements.
July 2008 This issue of Pathfinder greets first the much awaited EU proposal for the UCITS IV, discusses in brief the transparency requirements related to the OAMs introduced by CSSF Circular 2008/359 and the Grand-Ducal Regulation of 3 July 2008 as well as the MiFID reporting requirements clarified by CSSF Circular 2008/365 followed by current press releases also on reporting requirements and, finally, gives the floor to the new twin Laws of 17 July 2008 on Anti-Money Laundering.
June 2008 This issue of Pathfinder outlines new rules for UCIs provided for in CSSF Circular 2008/356 and AML requirements for insurance professionals set forth in CAA Circular 2008/5, takes a look at some recent international publications germane in particular to the banking industry and concludes with the Commission Recommendation on the limitation of auditors' civil liability.
May 2008 This issue of Pathfinder takes a look at the new Commission Recommendation on external quality assurance for the audit profession, returns briefly to the MiFID and Transparency Laws with CSSF Circulars 2008/249 and 2008/350, glances at some recent international publications and, to conclude, it outlines the main points of the new Directive on credit agreements for consumers.
April 2008 This issue of Pathfinder follows up on the new transparency requirements and runs down the amendments to insurance industry reporting requirements brought in by the latest CAA Circular Letters. It takes a look at the new piece of legislation under preparation regarding the Audit Profession and, finally, at the latest developments in the Asian markets.
March 2008 This issue of Pathfinder gets an insight into the regulatory jigsaw for UCITS, welcomes much awaited new legislation for the Luxembourg SICARs and, in conclusion, makes an initial foray into the world of Sovereign Investment Funds.
February 2008 This issue of Pathfinder catches up with a new friend, the EU Transparency Directive, and then takes a look at the clarification of eligible assets for UCITS and the payment services in the Single Euro Payments Area. And to conclude, it is time to get ready for the next QI External Audit Cycle.

2007

August 2007 This issue of Pathfinder has a look at the season’s hottest topic – MiFID – and asks each of our banking, funds and FSP specialists for their views on the likely impact. We then have a detailed look at some additional guidance from the CSSF on the interpretation of new EU regulations on payer-related data to accompany electronic funds transfers.
March 2007 This issue of Pathfinder has a look at the question of eligible assets for UCITS and goes into a little more depth on the subject of the new SPF personal investment vehicle.
February 2007 This issue of Pathfinder has a look at the changing world of FSPs (licensed Financial Services Professionals), the new Law on Specialised Investment Funds, a new format for the statutory audit report, plus news of upcoming Deloitte seminars on Basel II implementation issues. PSF Summary Table

2006

September 2006 This month's Pathfinder has a look at the new concept of Specialist Funds, Luxembourg-style, news of a treaty with Israel (tax-related), a new company law directive for the EU, a putative new "family property" investment vehicle and some technical developments for those who follow the Italian taxation scene.
July 2006 This month's Pathfinder has a look at the Fokus case on cross-border dividends, new company legislation in Luxembourg, a more flexible approach to institutional funds, the demise of the 1929 Holding company, plus the latest developments in the world of insurance.
May 2006 Law of 19 May 2006 on public tender offers/market abuse - Cadbury case: "artificial" tax planning? - Abbey National case: VAT and fund management
April 2006 (2) SICARs in the spotlight - Commission Requests Information on SICAR & Securisation Regimes - Tripartite consensus - CESR's advice on eligible assets: what next? - ECJ: Outbound Withholding Taxation - EU Withholding Tax System Works, says Berne
April 2006 FSI-IT outsourcing, the CSSF clarifies - Insurance industry review 2005
February 2006 Banks: Introduction of IFRS - H29 regime back in the line of fire - Insurance news: CAA Circular Letters
January 2006 Qualified Intermediary regime: diary dates - Insurance news - US tax alert: offshore hedge funds - IFRS and Prudential reporting for Banks

2005

December 2005 IFRS for Luxembourg banks - AML 3rd Directive - Commission White Paper on financial services - Luxembourg tax update
October 2005 Bye-bye Wealth Tax + Hello Withholding Tax + Belgian Tax changes target roll-up funds + CSSF Circular 2005/211
August / September 2005 Savings Directive Update + New accounting standards for insurance + News from Germany + CaA Annual Report& + Amendments to Insurance Control Law + European Pension Funds I + European Pension Funds II + Comment: Sweeping changes from new auditing standards and regulations
May / July 2005 Revised IFAC Code of Ethics + EU Savings Directive - an official FAQ + CSSF 2005/188 - a number to remember...+ New Draft IAASB auditing standards + Savings Directive update + Spanish Tax credit and Municipal Business Tax
March / April 2005 EU Savings Directive Update +Luxembourg holding companies +The Sicar revisited +Insurance news + New CSSF Circulars + Foreign Investment Tax Act

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