Le projet de loi 7024 modifiera l'article 41 de la loi du 5 avril 1993 relative au secteur financier et assouplira le secret professionnel afin de faciliter l’externalisation de services dans le secteur financier à l’intérieur d’un même groupe ou vers des prestataires externes.
Communiqué de presse ABBL/ALFI
Le projet de loi 7024 modifiera l'article 41 de la loi du 5 avril 1993 relative au secteur financier et assouplira le secret professionnel afin de faciliter l’externalisation de services dans le secteur financier à l’intérieur d’un même groupe ou vers des prestataires externes. L'ABBL et l'ALFI sont d'avis que cet assouplissement permettra de moderniser le cadre légal en matière de secret professionnel en l’adaptant à l’ère de la digitalisation, d’accompagner le développement de nouvelles activités en matière de “Fintech”, et encouragera ainsi des banques et d’autres nouveaux prestataires de services du monde financier à venir s’installer au Grand-Duché.
En effet, la révision de l'article 41 contribuera à l’évolution de la place financière en créant des opportunités pour les acteurs sur place et un lieu attractif pour les opérateurs à la recherche d'une nouvelle plateforme pour la distribution de leurs services en Europe. Cette révision permettra de répondre aux nécessités d'échange d’information, notamment entre les centres de compétences d'un même groupe, de supprimer des barrières technologiques et de réduire certains coûts induits par l'évolution réglementaire.
Pour toutes ces raisons, l'ABBL et l'ALFI, conscients des enjeux liés à cet assouplissement, soutiennent la réforme proposée, afin d’assurer l'avenir et la pérennité des activités et des acteurs de notre place financière et de rendre la place attractive pour de nouveaux acteurs.
With more than 30 speakers from 12 countries and three continents, ALFI’s annual Impact Investing Conference on 26 April 2017 is the ideal platform to learn from and engage with founders and CEOs of impact ventures, wealth managers, institutional, private and social investors, fund promoters, advisors and service providers in the rapidly expanding field of impact investing.
This year’s conference will focus on Climate Finance and Social Development.
Join Luxembourg’s leading conference on impact investing and enjoy lively panel discussions, fascinating key-note addresses and captivating out of the box speeches about the most recent innovations, trends and opportunities in the impact investment field.
Programme & registration: click here
On 23 March 2017, ALFI responded to the European Supervisory Authorities’ consultation on PRIIPs with environmental or social objectives.
Download the response here.
On 17 March 2017, ALFI responded to the public consultation on Capital Markets Union Mid-Term Review 2017 issued by the European Commission in January this year. The results of this consultation will feed into the mid-term review of the Capital Markets Union Action Plan that the Commission aims to publish in June 2017.
Download the ALFI response here.
The Luxembourg Stock Exchange in cooperation with the Association of the Luxembourg Fund Industry (ALFI) has announced today the publication of the second edition of the compendium of Luxembourg laws and regulations on investment funds.
The compendium, which is available in English, French and German, is made up of two separate publications in each language. The first publication covers undertakings for collective investment in transferable securities (UCITS) established under Luxembourg law and contains the amended Law of 17 December 2010 on undertakings for collective investment as well as the main regulatory texts relating thereto.
The second publication covers alternative investment funds (AIFs) established under Luxembourg law and other investment vehicles which are neither UCITS nor AIFs. It contains the amended Law of 12 July 2013 on alternative investment fund managers (AIFM), the amended Law of 17 December 2010 on undertakings for collective investment, the new Law of 23 July 2016 on reserved alternative investment funds (RAIF), the amended Law of 13 February 2007 on specialised investment funds (SIF), the amended Law of 15 June 2004 on the investment company in risk capital as well as the main regulatory texts relating thereto.
Denise Voss, Chairman of ALFI, comments: “The compendium has proved an invaluable tool for legal experts and practitioners dealing with Luxembourg collective investment vehicles. An update of the first edition was necessary because of two major regulatory developments in 2016 which were the transposition of UCITS V into the Luxembourg legislation and the adoption of the Law on reserved alternative investment funds, a new vehicle that is attracting much attention from asset managers.
These publications have been extremely useful to our members and to the international investment fund community, and I’m sure they will continue to be so”.
Robert Scharfe, Chief Executive Officer of the Luxembourg Stock Exchange, adds: “Investment funds are the second largest sector on the Luxembourg Stock Exchange, with more than 6,500 listings. As an international exchange serving a global base, we believe that these two publications respond to a clear need from the fund industry and provide an essential reference”.
These two publications of the main legal and regulatory texts were produced by the two Luxembourg law firms, Arendt & Medernach and Elvinger Hoss Prussen, who have cooperated to select, consolidate and compile the legal and regulatory texts relevant to the different types of investment vehicles concerned. The two law firms also prepared the English and German translations.
The publications are available in French, English and German and can be downloaded at www.bourse.lu/fund-laws and at http://www.alfi.lu/publications-statements/legal-texts.
Regular updates will be published to keep track with ongoing changes and additions to Luxembourg laws, regulations and circulars.
The Joint Committee of the European Supervisory Authorities (ESAs) has published a discussion paper for consultation regarding the potential benefits and risks of big data for consumers and financial firms in order to determine whether any further regulatory or supervisory actions may be needed.
The ESAs wish to understand what the big data phenomenon means for consumers, the financial industry and regulators. Existing EU legislation on data protection, competition and consumer protection, which shares the common goals of promoting economic growth, innovation and the welfare of individual consumers, are relevant for financial firms while not addressing big data issues explicitly.
The discussion paper asks whether the existing regulatory framework is sufficiently flexible to cover big data, has gaps which need to be filled and how it impacts the use of big data technologies.
A Q&A document provides clarifications on big data, its purpose and application in the financial sector.
Download the ALFI response here.
2016 was another good year for Luxembourg domiciled REIFs as the population continued to expand, ALFI writes in the 10th edition of its annual Real Estate Investment Funds (REIF) survey that has been published today.
These joint recommendations have been prepared by representatives of ALFI and ILA’s working group specifically dealing with VAT on the remuneration of directors of UCIs and their management companies. The working group comprises independent directors, representatives of management companies, audit firms and law firms. ALFI and ILA hope that this document will serve their members as a reference document.
These recommendations deal exclusively with considerations on VAT for the remuneration of directors of UCI management companies. They do not address any other regulatory obligations and other tax obligations that directors of UCI management companies may be subject to. These recommendations do not address the situation of vehicles other than UCIs benefiting from VAT exempt management services pursuant to article 44.1.d) of the Luxembourg VAT law, i.e. pension funds and securitisation vehicles.
Download the document here.
With 3,701.076 billion EUR of assets under management as at 31 December 2016, an annual growth of 5.56%, Luxembourg reports another new record of assets under management in investment funds domiciled in Luxembourg. Luxembourg is well-known as a UCITS fund hub, however since the introduction of the Alternative Investment Fund Managers Directive (AIFMD), the Association of the Luxembourg Fund Industry (ALFI) has seen increasing interest from asset managers of Private Equity, Real Estate and Hedge funds.
Commenting on the figures, Denise Voss, Chairman of ALFI (photo), said: “These record figures and the strong net sales that we continue to see demonstrate that Luxembourg remains a preferred global fund hub. We were particularly pleased to receive recognition of this by being awarded “Best Centre for Fund Administration” in the Investment Week Fund Services Awards 2016.
She continued: “2016 was a challenging year in many respects. First the UK vote to exit the EU has brought uncertainty to cross-border distribution in Europe, with the possible loss of both fund and fund manager passports for UK asset managers. Second we have seen the threat of US protectionism with the election of Donald Trump.
“However, these challenges can bring opportunities. UK asset managers, and those asset managers from other non-EU countries who currently use the UK to access investors in Europe will, once the UK leaves Europe, have to domicile their funds in an EU member country. Luxembourg continues to be one of the most sought after EU countries for setting up investment funds and fund management companies and clearly this will continue throughout the Brexit process. We have already had confirmation that M&G, one of the largest UK asset management firms, is seeking permission from the Luxembourg authorities to launch a new UCITS fund. We understand other firms will make public similar plans in the next weeks and months.
“We are also seeing opportunities brought by digitalisation and the growth of fintech companies. Online investment is slowly but surely continuing to grow, robo advice is developing and, as a result, we have to change our way of working, not only to facilitate these new technologies and distribution platforms but to take advantage of the efficiencies digital technologies can offer our industry.”
ALFI has continued to support the industry in the face of all this change, by continuing to promote the Luxembourg domicile and global fund hub. In 2017 ALFI has another ambitious schedule of roadshows, in Asia, Australia, the USA and Latin America. ALFI is also setting up a working group which will promote increased collaboration and closer relationships between the fund management centres in Luxembourg and Singapore. In Australia, ALFI has successfully negotiated an exemption, for financial services providers regulated by the CSSF, from the obligation to hold an Australian license to provide financial services in Australia. This relief will enable Australia’s institutional investors, including superannuation funds, to get easier access to Luxembourg UCITS.
ALFI will continue to focus on product innovation to attract more asset managers to Luxembourg by introducing new products like the RAIF, the Reserved Alternative Investment Fund, as well as focussing on the SRI sector by promoting impact investing and climate finance funds.
Ms Voss concludes: “Looking forward, we continue to see challenges and opportunities, driven by geopolitical changes, technological developments and regulatory initiatives, but as always Luxembourg will adapt its products and services to ensure that it continues to be the preferred choice for cross-border asset managers and for investors in Luxembourg funds, who are resident in over 70 countries around the world.”
On 10 February 2017, ALFI responded to the FSB Task Force on Climate-related Financial Disclosures consultation.The FSB Taskforce on climate related financial disclosures published its report ‘Recommendations of the Task Force on Climate-related Financial Disclosures’. It includes four recommendations on governance, strategy, risk management and metrics & targets that are applicable to organisations across sectors and jurisdictions. The Taskforce launched a consultation on these recommendations in December.
Download the ALFI response here.