September 28, 2020
Luxembourg is about to add the missing piece to its legislative framework to enable the issuance of crypto-securities using decentralised ledger technology (“DLT”).
In this podcast, Natacha Oskian is joined by Philippe Noeltner, a lawyer and associate who is part of Allen & Overy’s Luxembourg International Capital Markets team, to discuss the following:
- the objectives of Bill 7637 concerning the issuance of dematerialised securities on DLT devices, such as blockchain and Ethereum;
- the importance of Bill 7637 for Luxembourg Capital Markets ecosystem and how this Bill may lead to a new era for crypto-securities in Luxembourg;
- the use of DLT-based wallets to operate an issuer’s issuance account, and investors’ securities accounts;
- how both legal certainty and investor protection are ensured; and
- grey areas and opportunities.
September 17, 2020
The inclusion of virtual asset service providers in the scope of the AML Act 2004 and the additional restrictions on the use of anonymised e-money instruments showcase the need to address the “Fintech” spread in the financial sector and to mitigate the potential threats they pose to the current AML/CTF framework. Counsel Carole Schmidt and Senior Associate Baptiste Aubry discuss the implications of those measures while reminding of the need to embrace new technologies and the bright side of legal or reg-tech as powerful tools to improve AML/CTF processes, for both customers and professionals.
September 10, 2020
Counsel Thomas Berger and Senior Associate Baptiste Aubry discuss the extraterritorial effects of the AML Act 2004 in light of the recent implementation of 5MLD into Luxembourg law. They shed some light on the impact of these effects on obliged entities and on the particular measures to apply where high-risk countries are in the picture.
September 3, 2020
Partner Henri Wagner, Counsel Carole Schmitt and Counsel Thomas Berger discuss Luxembourg’s implementation of 5MLD and how obliged entities should adapt to these new rules in their approach to CDD.