Legal news

On 9 April 2025, the CSSF published a series of circulars aligning its regulatory framework with the European DORA (Digital Operational Resilience Act) regulation, in force since 17 January 2025. These updates aim to remove regulatory overlaps and clarify the obligations of supervised entities. The new circulars set forward a clear distinction between the entities covered by DORA and the non-DORA entities, given that the regulatory requirements are tailored to each category. ICT risk management CSSF Circular 20/750 (amended by CSSF Circular 25/881): Applies only to non-DORA entities (support PFS, POST Luxembourg, branches of third-country PSPs). The obligations specific to ...

PDF I. Introduction The Luxembourg legislators and administration have brought several legislative changes impacting the real estate industry in Luxembourg, and further legal initiatives have been announced in draft bills. The Luxembourg Constitutional Court also issued an important decision. II.  Recent changes in laws and regulations 1. New Tax measures i. Package of measures to revitalize the housing market – indirect taxation With the introduction of the Law of May 16, 2023, amending the Law of 30 July 2002 on various tax measures to encourage the marketing and acquisition of building land and residential property, as amended, the amount of ...

Change in the status of FWU Life Insurance Lux S.A. ("FWU"): dissolution and compulsory liquidation of the insurance company By a judgment dated 31 January 2025 (not yet published with the Luxembourg electronic compendium of companies and associations at the date of this newsletter), the Luxembourg District Court ordered the dissolution and liquidation of FWU. Given that Luxembourg’s Supervisory Authority for the Insurance Sector (Commissariat aux Assurances, hereafter the "CAA"), noted the failure of FWU’s recovery plan (see its 22 January 2025 press release published on its website) it filed a petition for dissolution and compulsory  liquidation against FWU with ...

Many economic operators, in particular international groups and craft businesses operating in several neighbouring countries, complained about the introduction by the Luxembourg law of 26 July 2023 into the law of 2 September 2011 regulating the access to the professions of craftsman, merchant, manufacturer and certain liberal professions (the "2011 Law") of the requirement for the person responsible for the day-to-day management of the business to be physically present at all times on the premises. This condition had been criticized as unrealistic and preventing businesses from organizing themselves effectively. This condition of physical presence had been included in the draft ...

Since 12 November 2024, it has been mandatory to register the Luxembourg national identification number for all natural persons listed in the files of a company/entity registered with the Luxembourg Trade and Companies Registry (Registre de Commerce et des Sociétés, Luxembourg or the "R.C.S. Luxembourg"), in whatever capacity (for example, shareholders of an S.à r.l., any company representative such as directors (administrateurs) managers (gérants), auditors (commissaires), delegates in charge of day-to-day management (délégués à la gestion journalière), etc.). Note: There are some exceptions (particularly those linked to court-appointed representatives (mandataires judiciaires), and representatives of a foreign company with a Luxebourg ...