Sustainable Finance I Statement I Proposal for a EU Corporate Sustainability Due Diligence Directive (CSDD)

Published on 23 February 2022, the proposal for a 𝙉𝙚𝙬 𝘿𝙞𝙧𝙚𝙘𝙩𝙞𝙫𝙚 𝙤𝙣 𝘾𝙤𝙧𝙥𝙤𝙧𝙖𝙩𝙚 𝙎𝙪𝙨𝙩𝙖𝙞𝙣𝙖𝙗𝙞𝙡𝙞𝙩𝙮 𝘿𝙪𝙚 𝘿𝙞𝙡𝙞𝙜𝙚𝙣𝙘𝙚 is aiming to foster sustainable and responsible corporate behavior throughout global value chains. It provides for new due diligence obligations, tightening the existing requirements under the Luxembourg laws. Getting sustainability due diligence implemented is not going to happen overnight and a number of shortcomings need to be addressed in order for this objective to be obtained.

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Securitisation l Collateralised Loan Obligations (CLOs): A New Dawn for Luxembourg

Our latest paper “CLOs: A New Dawn for Luxembourg” is now accessible to all our followers! Our Securitisation Working Group touches some interesting points regarding the amendment of the Luxembourg Securitisation Law and illustrates how its modernization is ushering in a new dawn for Luxembourg in CLOs securitisation.

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Tax I Public Consultation I LuxCMA feedback on the New EU system for the Avoidance of Double Taxation and Prevention of Tax Abuse in the field on Withholding Taxes

Cross-border investment and simplified taxation are a priority for the EU. Despite the measures taken to remove tax barriers to cross-border investment, obstacles remain in the EU. This initiative aims to introduce a common EU-wide system for withholding tax on dividend or interest payments. It will include a system for tax authorities to exchange information and cooperate with each other.

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2022 LuxCMA Annual General Assembly

After more than two years since the pandemic, #LuxCMA had the pleasure to welcome its Members in-person during the LuxCMA Annual General Meeting last Tuesday. Next to the election of our new Board, this meeting was also an opportunity to take stock of the 3 years that have passed since the foundation of the association and what a 3 years it has been! In 2019, 34 players in the local capital markets industry came together to establish LuxCMA. Today, we have now passed the 50 members-mark. A strong indication that not only we are moving forward, but we are headed in the right direction!

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ESAP l LuxCMA feedback on the establishment of a single access point

The establishment of an European Single Access Point (ESAP) by 2024 is a flagship action of the Capital Markets Union (CMU) Action Plan adopted by the European Commission in September 2020. Aiming to provide an EU wide access to company information, the proposed regulation could have a positive impact on local capital markets. However, a number of significant shortcomings need to be addressed in order for this objective to be obtained.

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Proof-of-Concept l Structuring a DLT debt insurance in Luxembourg

Distributed Ledger Technologies (#dlt ) will be a major development in the digital transformation and have a significant impact on the financial sector in the decade to come. Our LuxCMA Infrastructure Working Group has the pleasure to release today their latest paper illustrating how DLT can be leveraged by the entire value chain to support the issuance, transfer and servicing of a debt instrument in the capital markets.

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Guidance Notes for Board Members l Accounting for Non-Performing Loans (“NPL”)

Our Best Practice Guidance Notes – Accounting for Non-Performing Loans ("NPL") is now accessible to all our LuxCMA followers. The paper has been published by our LuxCMA Best Practice Working Group - Accounting & Reporting and touches some interesting points regarding the accounting policy and the different treatments which apply to these receivables. The publication will drive you, amongst others, into the notions of collections, interest expenses and impairment on NPL.

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Listing Act l LuxCMA response to the EU Commission Consultation

How to improve the access to capital markets by companies in the EU and on the functioning of primary and secondary markets in the EU? This is the question that LuxCMA answered through the online targeted consultation conducted by the European Commission open until 25 February 2022.

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ATAD l Update l LuxCMA’s view in relation to the EU Commission calling Luxembourg to amend its legislation transposing the Anti-Tax Avoidance Directive

UPDATE OF THE 26/05/20 PAPER l According to the December infringement package published by the European Commission, the latter sent a reasoned opinion to Luxembourg asking it to correctly transpose the interest limitation rule of the Anti-Tax Avoidance Directive (Article 4 of the Council Directive (EU) 2016/1164). Under current Luxembourg law, securitisation companies covered by Regulation (EU) 2017/2042 of 12 December 2017 (EU Securitisation Regulation) are excluded from the scope of the interest limitation rules. The reasoned opinion follows a formal notice sent to Luxembourg on 14 May 2020.

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Guidance Notes for Board Members l Introduction

Our Best Practice Guidance Note - Introduction on receivables is accessible to all #LuxCMA followers. The paper has been published by LuxCMA Best Practice Working Group - Management & Corporate Governance and touches some interesting points regarding the securitisation of receivables and the relevant common reporting. The note is a good tool to navigate the structure of one of the most common type of underlying asset in securitisation transactions and includes the general common scheme of set-up, indications about the servicer and its role, the trustee, the common reporting such as the servicer report and the investors report.

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