Luxembourg: Compliance

Luxembourg's fund industry has long relied on external portfolio managers and investment advisors, but recent regulatory scrutiny raises fundamental questions about how investment decision-making is organized and where authority truly resides. The distinction between delegation and advisory models is not merely formal—it reflects a deeper tension between commercial reality and regulatory expectations, with direct consequences for sponsors seeking to maintain control while meeting substance requirement

The Anti-Money Laundering Regulation introduces sweeping changes to EU financial compliance, establishing a EUR 10,000 cap on cash transactions, prohibiting anonymous financial instruments, and mandating the conversion of bearer shares. These measures fundamentally reshape how businesses handle large payments and corporate ownership structures, with strict deadlines and automatic penalties for non-compliance.

The EU Anti-Money Laundering Regulation introduces a harmonised regulatory framework across the European Union, bringing significant changes to Customer Due Diligence requirements and risk-based approaches. Organizations will need to review their compliance frameworks to meet new obligations on customer identification, beneficial ownership, sanctions screening, and risk assessment ahead of implementation.

In this Eyes on ESG video, Rocco Mezzatesta, Manager in our ESG & Sustainability team, explains the key changes following the EU Parliament's approval of the Omnibus proposal, providing clarity after a year of updates.

The new thresholds significantly reduce the number of companies in scope of the Corporate Sustainability Reporting Directive (CSRD) and Corporate Sustainability Due Diligence Directive...

On 16 December, the EU Parliament formally adopted the Omnibus I text, amending the Corporate Sustainability Reporting Directive (CSRD) and the Corporate Sustainability Due Diligence Directive (CSDDD).

Starting on 12 November 2024, the Luxembourg Business Registers (LBR) will introduce new filing requirements for natural persons associated with entities registered in the Luxembourg Trade and Companies Register (RCS).

Expandir su empresa a escala mundial puede ayudarle a acceder a nuevos mercados, aumentar la rentabilidad e impulsar la ventaja competitiva. La clave del éxito es entender las complejas normas que rigen.

While the transposition process of Directive (EU) 2022/2464 as regards corporate sustainability reporting ("CSRD") is still ongoing in Luxembourg, the following is worthwhile noting for companies preparing to comply...