LuxCMA – Luxembourg Capital Markets Association
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.
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.
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.
Since the enactment of the Securitisation Law, Luxembourg has proven to be one of the prime locations for securitisation transactions in Europe and has become a hub for the setup of securitisation structures. For the purpose of exchanging views regarding the Luxembourg securitisation business, LuxCMA has set-up a specific task force dealing only with securitisation questions. The first output of this group is the "EU Securitisation Regulation Position Paper". It analyses certain recurrent questions raised in the context of the Securitisation Regulation and shares the views of the task force on these topics.
Luxembourg is widely recognised as a major player in the international debt capital markets, with a strong market infrastructure, a responsive regulator and unparalleled economic stability. However, navigating this ecosystem is not always easy. To assess and understand the different components of the Luxembourg primary market value chain with a comprehensive review of each of the related main activities and key, have a look to our Luxembourg Capital Markets Landscape for Debt Instruments.
With the announced discontinuation date for London Inter-bank Offered Rates (LIBOR) at the end of 2021, LuxCMA - Luxembourg Capital Markets Association invites the different stakeholders across the securities value chain, from issuers to investors, to consider taking the necessary actions in order to ensure, where appropriate, a smooth transition to Alternative Reference Rates (ARR) / Risk-Free Rates (RFR) in replacement of Interbank Offered Rates (IBOR), in both their existing and future securities issuance legal documentation.
Our second Annual General Assembly was held on 15 June 2021. As last year, it was conducted by videoconference, given the reinforcement of health protocols and the intensification of measures in the days leading up to this event. Even though the year 2020 has shaken the global economy and the world of work to an unprecedented degree, it is clear that LuxCMA has nevertheless managed to navigate through the crisis and give the association a great deal of momentum.
On 21 May 2021, LuxCMA - Luxembourg Capital Markets Association responded to the European Consultation on supervisory convergence and the single rule book, which was published by the European Commission on March 2021. This consultation aimed to gather targeted views on certain aspects related to the 2019 ESAs review and will contribute to a wider debate on supervisory convergence and the single rulebook.
Luxembourg remains one of the main securitisation centres in Europe. Its attractive and flexible legal and tax framework is adapted to the needs of investors and SVs, particularly with regard to VAT exemptions. Our #LuxCMA VAT Task Force takes stock of the situation and provides useful insights for CLOs and CDOs.
On 29 January 2021, LuxCMA responded to the consultation on the review of the Alternative Investment Fund Manager Directive (AIFMD), which was published by the European Commission in October last year.