Legal & Regulatory Watch I Newsflash I MiCA Proposed Regulation: Provisional agreement reached between the Council Presidency and the European Parliament

The proposal for a Regulation on ๐— ๐—ฎ๐—ฟ๐—ธ๐—ฒ๐˜๐˜€ ๐—ถ๐—ป ๐—–๐—ฟ๐˜†๐—ฝ๐˜๐—ผ-๐—”๐˜€๐˜€๐—ฒ๐˜๐˜€ (โ€œ๐— ๐—ถ๐—–๐—”โ€) is moving forward after a provisional agreement was reached between the Council presidency and the European Parliament on 30 June 2022. Our Legal & Regulatory Watch Working Group worked on this subject.

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Tax I Statement l Feedback on the Proposal for a Directive on Debt-Equity Bias Reduction Allowance (DEBRA)

On 11 May 2022, the European Commission published a Directive proposal to tackle the tax bias in favor of debt funding. The proposal includes both a notional deduction on growth in equity and an additional limitation on interest deduction for corporate income tax (CIT) purposes โ€“ the ๐——๐—˜๐—•๐—ฅ๐—” ๐—ฝ๐—ฟ๐—ผ๐—ฝ๐—ผ๐˜€๐—ฎ๐—น. The DEBRA proposal, once adopted by the Council, would have to be implemented into Member Statesโ€™ national law by 31 December 2023 and should come into effect as of 1 January 2024.

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Legal & Regulatory Watch I Newsflash I Women on Boards Proposed Directive: A significant Step towards Gender Equality on Boards

Significant step towards gender equality on boards, LuxCMA welcomes the political agreement on the proposal for a Directive on improving the gender balance among non-executive directors of companies listed on stock exchanges and related measures, the so-called ๐—ช๐—ผ๐—บ๐—ฒ๐—ป ๐—ผ๐—ป ๐—•๐—ผ๐—ฎ๐—ฟ๐—ฑ๐˜€ ๐——๐—ถ๐—ฟ๐—ฒ๐—ฐ๐˜๐—ถ๐˜ƒ๐—ฒ. Find out more about the proposed measures of this important piece of legislation in our newsflash.

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

Published on 23 February 2022, the proposal for a ๐™‰๐™š๐™ฌ ๐˜ฟ๐™ž๐™ง๐™š๐™˜๐™ฉ๐™ž๐™ซ๐™š ๐™ค๐™ฃ ๐˜พ๐™ค๐™ง๐™ฅ๐™ค๐™ง๐™–๐™ฉ๐™š ๐™Ž๐™ช๐™จ๐™ฉ๐™–๐™ž๐™ฃ๐™–๐™—๐™ž๐™ก๐™ž๐™ฉ๐™ฎ ๐˜ฟ๐™ช๐™š ๐˜ฟ๐™ž๐™ก๐™ž๐™œ๐™š๐™ฃ๐™˜๐™š 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 โ€œCLOs: A New Dawn for Luxembourgโ€ 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 โ€“ 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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