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Luxembourg

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In Corporate Compliance

Luxembourg: Reform of the right of establishment

by , , and 8 Mins Read

On 20 July 2023, the Luxembourg Parliament adopted a law reforming the right of establishment in Luxembourg (“Reform”). It amends the Luxembourg law dated 2 September 2011 regulating access to the professions of craftsperson, trader, manufacturer and certain liberal professions as amended (“Business License Law”).
The Reform aims to adapt the Business License Law to embrace the changes in the regulatory, economic, technical, technological, entrepreneurial and artisanal environments and to stimulate entrepreneurship.

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In Trade and Foreign Investment

Luxembourg: Introduction of a legal national framework for the screening of foreign direct investments

by 10 Mins Read

On 13 June 2023, the Luxembourg Parliament adopted Draft bill No. 7885 establishing a national screening mechanism for foreign direct investments likely to affect security or public order for the purposes of implementing Regulation (EU) 2019/452 of European Parliament and of the Council of 19 March 2019, establishing a framework for the screening of foreign direct investments in the EU, as amended (“Law“).

In Tax

Luxembourg: New Bill simplifying and modernizing procedural aspects in tax matters introduced

by , , , and 7 Mins Read

On 28 March 2023, the government presented Bill of Law 8186 (“Bill”), which provides a set of amendments to the General Tax Law (Abgabenordnung, AO) dated 22 May 1931 and introduces new procedural aspects applicable to taxpayers. The Bill also introduces new bilateral and multilateral advance pricing agreement procedures, together with the possibility to issue, withdraw or amend a tax assessment further to a mutual agreement procedure or an arbitration decision. Lastly, the Bill proposes a transfer pricing documentation requirement for transactions between associated enterprises, while further details regarding the scope, exact content and magnitude will be unveiled soon in a coming grand ducal decree.

In ESG

Luxembourg: CSSF mandatory data collection exercise due for submission by 15 June 2023

by and 4 Mins Read

On 24 March 2023, the Commission de Surveillance du Secteur Financier issued a press release requesting certain alternative investment fund managers, management companies of undertakings for collective investments in transferable securities and institutions for occupational retirement provision to participate in the data collection exercise relating to pre-contractual product disclosure information under Regulation (EU) 2019/2088 on sustainability-related disclosures in the financial services sector as amended and Regulation (EU) 2020/852 on the establishment of a framework to facilitate sustainable investment as amended.

In ESG

European Union: Commission tables proposal for Green Claims Directive

by , and 6 Mins Read

On 22 March 2023, the European Commission tabled a proposal for a Directive on substantiation and communication of explicit environmental claims.
The proposal aims to harmonize the evaluation and monitoring of voluntary environmental claims – often referred to as “green claims” – towards EU consumers and control the proliferation of public and private environmental labels. Complementing the March 2022 proposal for a Directive on empowering consumers for the green transition as a lex specialis by providing more specific requirements on the substantiation, communication and verification of green claims, it contributes to the fight against “greenwashing”.

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In Product Regulation & Liability

Luxembourg: New rights for consumers following transposition of the Omnibus Directive

by 6 Mins Read

On 30 November 2022, a new law amending the Code of Consumption for the purpose of transposing Directive (EU) 2019/2161 was published in the Luxembourg Official Gazette. The New Law entered into force on 4 December 2022.
The Omnibus Directive amends several existing EU consumer protection legislation, including the Unfair Contract Terms Directive, Price Indications Directive, Unfair Commercial Practices Directive and Consumer Rights Directive and widens the customer rights framework to also cover digital goods, content, and services.

In Environment

Luxembourg announces its intention to withdraw from the Energy Charter Treaty

by and 4 Mins Read

The Energy Charter Treaty (ECT) is an investment treaty that enables multilateral cooperation in the energy sector. Fifty-three states are currently contracting parties to the treaty, including countries in Europe, Asia and the Middle East, as well as the European Union. On 18 November 2022, Luxembourg announced its intention to withdraw from the ECT, joining the wave of countries signaling their intention to pull out of the ECT.

In AML & Financial Services Regulatory

Luxembourg: Access to the register of beneficial owners

by , , , , and 3 Mins Read

European Union, online public access to the Luxembourg register of beneficial owners (RBO) was temporarily suspended.
On 16 December 2022, online access to the RBO was re-established for professionals subject to the amended law of 12 November 2004 on the fight against money laundering and terrorist financing (“Professionals”), such as professionals from the financial and insurance sectors, auditors, real estate agents and developers, persons carrying out a family office activity, notaries and lawyers.
On 1 February 2023, the Luxembourg Business Register announced that all entities registered with the Luxembourg trade and companies register that have made an RBO declaration will be receiving a confidential code allowing them to access their own RBO data and order an RBO extract even though they do not qualify as Professionals.

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