Regulatory framework

ESMA Public Statement SPACs: prospectus disclosure and investor protection considerations

The ECB’s role in approving (mixed) financial holding companies

ESMA Questions and Answers on the Prospectus Regulation

ESMA31-62-1258

ESMA Guidelines on outsourcing to cloud providers

ESMA50-164-4285

Circular CSSF 21/777 (only in French)

Implementation of the Guidelines of the European Securities and Markets Authority (ESMA) on outsourcing to cloud service providers by amending the scope of Circular CSSF 17/654, as amended

Commission Opinion of 2.6.2021 on the release of frozen funds under Council Regulation (EU) No 224/2014

Commission Opinion of 8.6.2021 on Article 2(2) of Council Regulation (EU) No 269/2014

Circular CSSF 21/776

on the conditions for the application of the alternative treatment of institutions’ exposures related to ‘tri-party repurchase agreements’ for large exposures purposes (EBA/GL/2021/01)

Circular CSSF-CPDI 21/26

Survey on the amount of covered deposits held on 30 June 2021

Circular CSSF 21/775

FATF statements concerning

1) high-risk jurisdictions on which enhanced due diligence and, where appropriate, counter-measures are imposed

2) jurisdictions under increased monitoring of the FATF

CSSF Regulation No 21-02 of 30 June 2021 (only in French)

on the setting of the countercyclical buffer rate for the third quarter of 2021.

Circular CSSF 21/774

Update of Circular CSSF 14/593, as amended by Circulars CSSF 15/613, CSSF 15/621, CSSF 16/640, CSSF 17/663, CSSF 18/678, CSSF 18/685, CSSF 19/715, CSSF 19/729 and CSSF 20/745 on supervisory reporting requirements applicable to credit institutions

FAQ – Submission of closing documents and financial information by managers (only in French)

FAQ regarding the AML/CFT Market Entry Form (Funds and IFMs)

This publication refers to a list of questions/answers (FAQ) in relation to the completion of the AML/CFT Market Entry Form (Funds and IFMs) in eDesk.

Circular CSSF 21/773

on the Management of Climate-related and Environmental Risks

Commission Implementing Regulation (EU) 2021/955 of 27 May 2021

laying down implementing technical standards for the application of Regulation (EU) 2019/1156 of the European Parliament and of the Council with regard to the forms, templates, procedures and technical arrangements for the publications and notifications of marketing rules, fees and charges, and specifying the information to be communicated for the creation and maintenance of the central database on cross-border marketing of AIFs and UCITS, as well as the forms, templates and procedures for the communication of such information (Text with EEA relevance)

FAQ concerning the Luxembourg Law of 17 December 2010 relating to undertakings for collective investment – version 11

Version 11, 10 June 2021

Commission Opinion of 27.5.2021 on changes to the features of frozen funds

Law of 20 May 2021 (only in French)

1. transposing:

a) Directive (EU) 2019/878 of the European Parliament and of the Council of 20 May 2019 amending Directive 2013/36/EU as regards exempted entities, financial holding companies, mixed financial holding companies, remuneration, supervisory measures and powers and capital conservation measures; and

b) Directive (EU) 2019/879 of the European Parliament and of the Council of 20 May 2019 amending Directive 2014/59/EU as regards the loss-absorbing and recapitalisation capacity of credit institutions and investment firms and Directive 98/26/EC;

2. implementing Regulation (EU) 2019/876 of the European Parliament and of the Council of 20 May 2019 amending Regulation (EU) No 575/2013 as regards the leverage ratio, the net stable funding ratio, requirements for own funds and eligible liabilities, counterparty credit risk, market risk, exposures to central counterparties, exposures to collective investment undertakings, large exposures, reporting and disclosure requirements, and Regulation (EU) No 648/2012; and

3. amending:

a) the Law of 5 April 1993 on the financial sector, as amended;

b) the Law of 18 December 2015 on the failure of credit institutions and certain investment firms, as amended;

c) the Law of 24 March 1989 on the Banque et Caisse d’Epargne de l’Etat, Luxembourg, as amended;

d) the Law of 23 December 1998 establishing a financial sector supervisory commission (“Commission de surveillance du secteur financier”), as amended;

e) the Law of 12 November 2004 on the fight against money laundering and terrorist financing, as amended;

f) the Law of 10 November 2009 on payment services, on the activity of electronic money institution and settlement finality in payment and securities settlement systems, as amended; and

g) the Law of 7 December 2015 on the insurance sector, as amended.

ESMA Questions and Answers: Implementation of the Regulation (EU) No 648/2012 on OTC derivatives, central counterparties and trade repositories (EMIR)

ESMA70-1861941480-52