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Basel II, MiFID and other regulatory and taxation requirements specific to Professionals of the Financial Sector (PFS)

 
     
 
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Introduction

The provision of diversified, personalised and secured services to local and foreign private and institutional clients in the respect of their regulatory and fiscal obligations has become a matter of growing concern for the Professionals of the Financial Sector (PFS).

The objective of this training workshop is to introduce the industry’s key players and most recent developments, focus on the differences linked to the diversity of legal statuses as detailed in the Law on the financial sector (notably due to the transposition into national law of the MiFID Directive, the introduction of five new categories as well as the amendments to the
minimum required capital), and present the regulatory and fiscal obligations regarding access to and practice of professional activities in this sector.

The first module of one day is dedicated to the regulations applicable to all categories of PFS whereas the second module of a half-day addresses exclusively the obligations of investment firms including:

  • investment advisors
  • brokers in financial instruments
  • commission agents
  • private portfolio managers
  • professionals acting for their own account
  • market makers
  • underwriters of financial instruments
  • distributors of units/shares of UCIs
  • financial intermediation companies
  • investment firms operating a MTF in Luxembourg.

Target audience

New members of the Management or of the Board of Directors of a Professional of the Financial Sector
Compliance officers
Internal auditors

Speakers

This training workshop will be co-ordinated by Emmanuelle Henniaux, Partner in charge of PricewaterhouseCoopers Luxembourg’s regulatory activities for banks and PFS. The different sessions will be presented by Directors and Managers of PricewaterhouseCoopers dealing on a daily basis with issues connected to the activities of PFS.

Language

English or French

Duration

One day and a half

 
 
       
 

Module 1: Regulations applicable to all PFS

 
       
 
 
 
     
 

Contents

Definition and overview of the different categories

Amendments introduced by the law of July 13, 2007

Market trends, statistics, key players
  • Access to professional activities (law of April 5, 1993)
  • Central administration and infrastructure
  • Shareholders and management
  • Minimum capital
  • External audit
  • Application procedure
Supervision and control
  • Role of the CSSF
  • Means of supervision
  • Regulatory reporting
Professional obligations
  • Prevention of money laundering and financing of terrorism
  • Duty to co-operate with the authorities
  • Professional secrecy
  • Rules of conduct
Review of the main applicable CSSF circulars
  • Circular 95/120 related to central administration
  • Circular 96/126 related to administrative organisation and accounting procedures
  • Circulars 05/178 and 06/240 related to IT outsourcing
  • Circular 98/143 related to internal control
  • Circulars 01/28, 01/29, 01/47 and 02/65 related to domiciliation activities
  • Circular 95/118 related to clients complaints
  • Circular 05/187 related to the regulatory reporting

Review of the circulars related to anti-money laundering and financing of terrorism

Taxation issues
  • Corporate income tax
  • Municipal business tax
  • Net wealth tax
  • VAT

Duration

One day

 
 
       
 

Module 2: Regulations applicable to investment firms only

 
       
 
 
 
     
 

Contents

Circular 03/113 related to the long form report to be issued by external auditors
Circular 04/155 related to the compliance function of investment firms
Circular 07/290 related to the capital adequacy ratio (Basel II) and large exposures
Circular 07/305 and 07/307 related to the Markets in Financial Instruments Directive (MiFID)

Duration

One half-day

 
       
 
     
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