Unrestricted Access to Transparency Register Violates EU Law The Court of Justice of the European Union ruled on 22 November 2022 that unrestricted access to information on the beneficial owners of companies under Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018 amending Directive (EU) 2015/849 on the prevention …
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ATAD III Knocking on Luxembourg’s Door: The Directive Proposal for Reporting Requirements Applicable to Shell Companies On 22 December 2021, the European Commission published a proposal for a Directive introducing rules against the use of shell companies in the European Union (Directive 2021/0434, hereafter the “Proposal”). The Proposal is also known in practice as …
ATAD III The Directive Proposal for Reporting Requirements Applicable to Shell Companies Read More »
FINAL REPORT ON TAXONOMY-RELATED PRODUCT DISCLOSURE RTS published by joint committee on sustainable finance[1] On 22 October 2021, the Joint Committee on sustainable finance issued its final report on taxonomy-related product disclosures. The report contains in particular draft regulatory technical standards (draft RTS) for the various disclosure obligations mandated by the SFDR and the Taxonomy …
Precedence of the German Investment Tax Act Over the German Foreign Tax Act Under the ATAD Implementation Act Background On 25 June 2021, the German Federal Council (Bundesrat) approved the Act on the Implementation of the Anti-Tax Avoidance Directive, which had already been published in the Federal Law Gazette (Bundesgesetzblatt) on 30 June 2021. The …
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EC: Supplementing Article 8 of the Taxonomy Regulation On 6 July 2021, the European Commission adopted the Delegated Act (the “DA”) supplementing Article 8 of the Taxonomy Regulation for review by the European Parliament and Council. The Delegated Act provides for specific details on the content and presentation of information that both financial and non-financial undertakings are …
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New ESG Disclosure Obligation for Financial Market Participants Effective From 30 June 2021 The European ESG Disclosure Regulation (Regulation (EU) 2019/2088) has been in force since 10 March 2021. The aim of the Disclosure Regulation is, among other things, to establish comprehensive transparency obligations on specific sustainability aspects for all financial market participants. According to the legal definition …
ESMA GUIDANCE FOR FUNDS’ MARKETING COMMUNICATIONS[1] – New obligations for AIFMs and UCITS MancoS The European Securities and Markets Authority (ESMA) drafted a consultation paper on guidelines on marketing communications. ESMA invited feedback from interested stakeholders on the proposed guidelines by 8 February 2021 and will consider this feedback with a view to issue final …
On 27 July 2020, Luxembourg has published a law amending the reporting deadline regarding cross-border tax arrangements in Mémorial A No. 638. Therefore, the following reporting deadlines apply in Luxembourg: If the first step of an arrangement was implemented between 25 June 2018 and 30 June 2020, reporting can be made by 28 February 2021. If the first step of …
The Luxembourg Law of 18 June 2020 provides for the following amendments to the FATCA Law (Luxembourg Law of 24 July 2015) and the CRS Law (Luxembourg Law of 18 December 2015): Mandatory nil reporting: The CRS Law and the FATCA Law now expressly provide that from 1 January 2021, Luxembourg financial institutions will be …
Changes to FATCA and CRS Laws – Nil Reports Will Be Mandatory Read More »
On 19 June 2020, we informed you about the decision of the European Council to allow EU Member States to extend the reporting period for cross-border tax arrangements as defined in the DAC 6 Directive by up to six months. The following extensions of the reporting deadline have been proposed: If the first step of an …
