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The need to raise funds for growth is essential for most companies and financial institutions. However, changes in capital requirements have impacted banks' ability to support such requirements. As alternative sources of financing are at times necessary, access to debt capital has become an important means for achieving this. For this reason, a partner with expertise across the full debt capital market spectrum is essential.
Sustainability is becoming an increasingly important factor in the decisions of investors, companies, consumers, shareholders and policy and law makers. The broadly supported awareness of Environmental, Social and Governance (ESG) objectives is reflected in many international voluntary standards as well as in an increasing number of European regulations.
In the context of EU Commission’s renewed sustainable finance strategy adopted in July 2021, the Commission published on 14 June 2023 its proposal for a Regulation on the transparency and integrity ESG rating activities (the Proposal).
Women remain underrepresented in the boardrooms of listed companies in the European Union. The Directive on improving the gender balance among directors of listed companies and related measures is an important step towards a more balanced future.
The anti-hybrid mismatch rules of the EU Anti-Tax Avoidance Directive (ATAD 2) aim to prevent situations of a double deduction and a deduction without a corresponding inclusion of the income at the level of the recipient resulting from a hybrid mismatch. All EU Member States have implemented ATAD2 in their domestic laws as from 1 January 2019 (for Belgium) or as from 1 January 2020 and 1 January 2022 (for a.o. the Netherlands and Luxembourg).
It is noted that EU Member states can introduce rules that go beyond the minimum standards of the ATAD2 directive. An example of this is the introduction of the ATAD2 documentation requirement in the Netherlands. Following the Dutch ATAD2 documentation requirement, all Dutch taxpayers should have documentation available in their administration that shows the (non-)applicability of the ATAD2 rules.
This first circular from the Luxembourg tax authorities provides clarifications on tax status of a hybrid entity, its taxation rules and obligations in Luxembourg.
Luxembourg is the main jurisdiction in Europe for launching credit funds with a European strategy.
In recent years tax authorities have placed more emphasis on combatting the use of abusive and aggressive tax structures by companies operating across borders, to ensure fair taxation. The EU and OECD have provided tax authorities with various instruments such as the Anti-Tax Avoidance Directive (ATAD) and the Multilateral Instrument. The judgements handed down by the CJEU on the Danish cases have also set an important precedent.
However, since entities with no minimal substance and economic activity are supposedly still used for improper tax purposes, the European Commission recently issued a new proposal (ATAD 3). It is highly recommended that taxpayers already assess the possible impact of the proposal and consider opportunities for strengthening their local footprint and/or restructuring.
Recently, the European Parliament (EP) almost unanimously adopted an opinion suggesting changes to the draft anti-shell Directive (ATAD3).
This article provides an update on rumoured developments for ATAD3 relevant for the fund management industry.
The implications of the COVID-19 pandemic reach across borders, industries, and legal disciplines. That is why Loyens & Loeff has set up dedicated expert teams - to offer you an integrated answer to all your legal and tax questions related to the coronavirus outbreak.
Op 12 maart 2020 werd door het kabinet aangekondigd dat vanwege COVID-19 iedereen die daartoe in staat was de komende twee weken thuis moest werken.
The COVID-19 crisis has emphasised the importance of having performant insolvency proceedings. As of now, new measures are in force which aim to optimise the judicial reorganisation procedure.
Digital transformation is all about using the latest technology to improve your business model. Digital technology creates new business opportunities which in turn creates a whole new range of tax and legal challenges such as contracting, data protection, privacy questions, intellectual property, consumer protection and competition issues.
The speed at which digital technology has become an integral part of our daily lives has overtaken most legislative processes. In recent years, the European Union, Member-States and international legislative bodies have therefore increased their regulatory efforts.
The Markets in Crypto-Assets Regulation, aims to create a broad EU regulatory framework applicable to crypto-assets, and any persons engaged in the issuance, public offering and admission to trading of crypto-assets as well as the provision of relate
In this overview, we address the main obligations under MiCAR, the relevant dates of applicability of such obligations and next steps in terms of Level 2 and 3 implementing measures. In addition, we describe the revision of the Transfer of Funds Regu
