LINARI LAW

Luxembourg Parliament Adopts Bill No. 8628 Implementing AIFMD II

The Luxembourg Parliament has approved (in a first vote on February 12, 2026 and being dispensed of  a second vote by the Council of State on February 25) Bill No. 8628, which transposes the EU Directive 2024/927 (AIFMD II) into national legislation. This new framework introduces significant updates to the regulation of Alternative Investment Fund Managers (AIFMs) and UCITS (Undertakings for Collective Investment in Transferable Securities), with a focus on enhancing market stability and investor protection within the EU.

Key Updates Under AIFMD II:

  • Loan Origination: AIFs are now explicitly authorized to grant loans, creating a harmonized legal environment for this activity across the EU. This change presents an opportunity for Luxembourg to expand its role in the private debt market by offering new investment strategies based on standardized rules.

 

  • Liquidity Management Requirements (LMTs): AIFMs will be required to adopt at least two liquidity management tools from an approved list, ensuring that funds are better prepared to manage liquidity risks.

 

  • Delegation Rules Strengthened: The law introduces more stringent requirements to disclose detailed information regarding the delegation and sub-delegation of functions to third parties. This harmonization between AIFMD and UCITS delegation frameworks aims to increase transparency and regulatory oversight.

 

  • Cross-Border Services & Marketing The reform enhances cooperation between national competent authorities and clarifies procedures for Cross-border management, Cross-border marketing and Supervisory information exchange

 

  • Depository Passport: A new provision allows AIFs from certain EU member states facing limited competition in depository services to choose a depository located in another EU country.

The new provisions are set to take effect on 16 April 2026, after the law’s publication. AIFMs will need to revise their policies, procedures, and fund documentation to ensure full compliance with the updated regulations.

Please feel free to contact any member of our team directly to discuss your upcoming projects and to receive further details on the scope of our services.

 

 

Photo – Rosc Art

www.rosc-art.com

PREVIOUS NEXT

Related posts

Browse All

ECB raises interest rates: implications for businesses and investors in Luxembourg

The European Central Bank has raised its key interest rates to 2.25% in response to renewed inflationary pressures across the euro area. The increase is expected to affect financing costs, investment strategies, asset valuations and transaction structures for Luxembourg businesses and investors. Companies should review financing arrangements, covenant compliance and…

Luxembourg court of appeal: proven employee misconduct insufficient to justify dismissal with immediate effect

The Luxembourg Court of Appeal confirmed that proven employee misconduct does not automatically justify a dismissal with immediate effect. In assessing the validity of such dismissals, courts must consider the seriousness of the misconduct, the employee's length of service, and the overall circumstances of the case. Despite finding procedural breaches…

Luxembourg Foreign Direct Investment : Key Developments and Practical Considerations for Investors in 2026

Luxembourg’s foreign direct investment screening regime has become increasingly operational and sophisticated since its entry into force in 2023. The framework requires certain non-EU and non-EEA investors to notify acquisitions involving sensitive sectors and strategic activities before completion. Recent practice shows a rise in precautionary filings due to broader interpretations…

Luxembourg launches new national AML/CFT information portal

Luxembourg authorities have launched a new national AML/CFT portal, amlcft.public.lu, to centralise anti-money laundering and counter-terrorist financing resources. The platform consolidates legal, regulatory and practical guidance issued by key Luxembourg authorities, including the Ministry of Justice, the CSSF, the CAA and the AED. The initiative aims to strengthen coordination, accessibility…

Luxembourg S.à r.l. Reform: Deferred Payment of Minimum Share Capital

Luxembourg is introducing a more flexible incorporation regime for S.à r.l. companies through Bill No. 8669. While the minimum share capital of EUR 12,000 remains unchanged, founders will be allowed to defer payment of cash contributions for up to 12 months after incorporation. The reform aims to accelerate company formations…

RBE compliance checks in Luxembourg

The Luxembourg Public Prosecutors have announced the launch of systematic compliance checks relating to the Register of Beneficial Owners (RBE). The initiative reflects the increasing regulatory focus on beneficial ownership transparency and AML/CFT compliance in Luxembourg. Entities must ensure that their RBE filings are accurate, complete and aligned with their…
Browse All

A LEGACY OF LAW. A FUTURE OF INNOVATION.
25 years of legal excellence – the journey continues.

Contact Info

+352 27 11 60 10

UP