Laws and Regulations

Luxembourg has joined the international move to impose sanctions against Russia for its ruthless invasion of Ukraine. It has followed steps taken by other European and global countries and organisations, including condemning Russia’s aggression, even sending some weaponry and equipment to Ukraine’s beleaguered defenders. But there’s one area where Luxembourg appears to be out of step: the high profile application of the sanctions to Russian oligarchic assets held in this country.

Russian interests have found Luxembourg’s expertise useful as a European business hub for several decades. Here we look at the state of this relationship before the invasion of Ukraine, and how these arrangements might be affected by the subsequent sanctions and the decisions of business leaders and politicians in Luxembourg.

Part of Luxembourg’s effort to tackle allegations that it enables questionable business and tax practices through a lack of transparency will be significantly upgraded through new rules, technical capacities, increased staff and administrative penalties by 2023.

Under a reform project involving a draft Grand-Ducal regulation announced last week, the Luxembourg government body that makes available business registration information – including a ultimate beneficial owner registry -  will be overhauled and have its staff doubled.

It is over a year since the end of the transition period that saw Brexit come into full effect and as regards financial services regulation, the UK still appears to be searching for a new direction. Or maybe this is the plan. Could the strategy be to talk about change for a domestic political audience, while keeping real divergence to a minimum? 

The European Securities and Markets Authority (Esma), the EU’s securities markets regulator based in Paris, said on Tuesday that it continues to see high risks to institutional and retail investors of further, possibly significant, market corrections. 

The Chambre des Députés, Luxembourg’s parliament, on Wednesday approved a long-awaited modernisation of the Grand Duchy’s securitisation law that will enable fund managers to actively manage pooled debts such as corporate loans and mortgages.

Queen Máxima of the Netherlands has called on European financial supervisors to review financial services for their health impact and urged the banking, payments and investment industries to do more to make sure that their clients make well-informed decisions.

There has been scant divergence from EU financial sector rules in the two years since the UK left the EU. Nor are there many clear future policy proposals. Hence little has changed for Luxembourg players marketing into the UK. Could 2022 be the year when things start to shift?

Luxembourg companies from small to large are taking strides in the realm of virtual assets. This market is still under construction and regulatory and infrastructural elements are still pending. Several companies were represented at the recent Luxembourg For Finance Digital Capital Raising webinar, along with a representative of Luxembourg’s financial regulator CSSF.

Top-level European securities markets regulator ESMA (European Securities and Markets Authority) has announced it will be examining the valuation of UCITS and open-ended alternative investment funds (AIFs) across the EU.