Luxembourg: Securitization & Structured Finance

A proposed bill of law seeks to modernize Luxembourg's securitization framework by expanding financing options beyond traditional instruments, introducing cross-compartment investment mechanisms, and extending active portfolio management capabilities to include equity positions. The reforms aim to enhance legal certainty around asset ring-fencing in insolvency scenarios while aligning the regime with contemporary market practices, particularly for Islamic finance structures and multi-compartment vehicles.

Advocate General Kokott has delivered her Opinion in Commission v Luxembourg (Case C-138/24), recommending that the Court of Justice of the European Union (CJEU)...

Luxembourg is modernizing its securitisation framework through two key legislative reforms: the Draft Securitisation Bill and the Deferred Capital Law. These amendments expand financing options for securitisation vehicles, permit active management of broader asset classes in private transactions, and allow deferred payment of share capital for SARLs, potentially reducing incorporation timelines from months to days.

On 12 July 2024, the Luxembourg Parliament adopted the draft bill No. 8185 (the NPL Law) transposing Directive (EU) 2021/2167 regarding credit servicers and credit purchasers entered into force on 28 December.

The Commission Delegated Regulation, supplementing Regulation (EU) 2017/2402 (the "Securitisation Regulation"), entered into force on 8 July 2024 (the "Commission Delegated Regulation").

On 17 June 2024, the OECD / Inclusive Framework (IF) released additional Administrative Guidance on the global minimum taxation rules (GloBE Rules, which form part of the OECD's Pillar Two solution).

The law dated 22 March 2004 on securitisation has created a very successful and reliable framework for enabling a large panel of securitisation, financing, and repackaging transactions.

draft Bill of law No. 7825 (the "Bill") amending the Law of 22 March 2004 on securitisation (the "Securitisation Law") and certain other laws was submitted to the Luxembourg Parliament on 21 May 2021...

Luxembourg's structured finance framework is considered the benchmark for European mainland issuers accessing international capital.