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Legal market overview
The difficult economic environment is changing Luxembourg’s legal landscape, where ambitious and dynamic lawyers are coming to the fore and competition is rife. Established firms such as Arendt & Medernach and Elvinger, Hoss & Prussen are facing the challenges posed by newly established boutiques as well as international firms, including those such as Allen & Overy Luxembourg, Baker & McKenzie Luxembourg, Stibbe and Ogier, which have offices locally. SJ Berwin Luxembourg also arrived after absorbing Armstrong Cerfontaine Advocats.
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On 8 January 2014 the Commission de Surveillance du Secteur Financier (the "CSSF") issued press release. This press release is relevant to all issuers whose home Member State within the meaning of the law of 11 January 2008 on transparency requirements for issuers of securities, as amended (the "Transparency Law") is Luxembourg and who prepare their financial statements in accordance with International Financial Reporting Standards (IFRS). The CSSF has announced it will focus its review on several selected subjects, discover them in the newsflash attached.
With little more than five months to go before alternative managers active in Europe must be fully compliant with the European Union's Alternative Investment Fund Managers Directive, Luxembourg is perfectly positioned to accommodate fund firms, from global investment houses to specialist boutiques, eager to exploit the potential of a passport to an EU-wide market.
On 10 January 2014, the Commission de Surveillance du Secteur Financier (the "CSSF") has published a fourth update of its frequently asked questions ("FAQs") on the law of 12 July 2013 on alternative investment fund managers ("AIFML") as well as the Commission Delegated Regulation n° 231/2013 of 19 December 2012.
Discover our latest tax update. The topics of this document are: - Introduction of the bill regarding the automatic exchange of information - New circular letter of 31 December 2013 on the exchange of information upon request procedure - New circular letter on reduction of net worth tax - New VAT circular letter on fund management VAT exemption - risk management services included - Case No. 27380a dated 1 October 2013 - incompatibility of 5-year requirement for Luxembourg net wealth tax exemption with freedom of establishment - Sales made by retailers subject to VAT where a customer fraudulently uses a credit card (case C-494/12) - Inclusion of VAT in the sales price in the absence of VAT provisions in the sales contract (joined cases C-249/12 and C-250/12) - Exemption of the management of special investment funds (case C-464/12) tax_update_-_january_2014
2013 was an extremely busy year, not least with regard to the legal and regulatory changes that may impact your business. In this respect, we are pleased to provide you with an overview of the major legal and regulatory developments under Luxembourg law.
The new coalition government formed after the elections held last October recently released its government programme. It is the expression of a strong commitment to further strengthen the competitiveness of the Luxembourg economy and to sustain the long-term development of its financial centre.
Legal Update December 201 - Read more...
On 7 November 2013, the European Securities and Markets Authority (ESMA) approved the registration of the first four trade repositories under Regulation (EU) No 648/2012 of the European Parliament and the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (" European Market Infrastructure Regulation " or "EMIR"). newsflash_emir_start_of_the_reporting_obligation_in_february_2014
Welcome to our quarterly tax update dedicated to the main changes which have occurred over the last 3 months with regard to Luxembourg and international tax law. tax_update_october_2013
ARENDT&MEDERNACH- Luxembourg VAT authorities confirm VAT exemption for fund risk management servicesLuxembourg VAT authorities confirm VAT exemption for fund risk management services
Stamford Law advised Jurong Consultants Pte Ltd, a party in the Banyan Caverns Storage Services Pte Ltd ( BCSS ) consortium, in a successful joint venture bid to operate the Jurong Rock Caverns. The operatorship of South East Asia's first subterranean hydrocarbon storage facility will be for a period of 15 years and has a contractual value of about S$200 million.
Attorney and Partner Søren Stenderup Jensen has written an article about the Danish Government's new resource strategy "Denmark without waste" in the recent edition of ILO's newsletter on environmental law.- Plesner
Stamford Law successfully appealed in the Singapore Court of Appeal against a High Court judgment which held the main contractor solely liable in negligence for the collapse of a crane into a concealed manhole at a worksite in 2010, with the Court of Appeal apportioning 40% of liability in negligence to the subcontractor. The Court of Appeal's judgment clarified important issues of law pertaining to the legal responsibility for worksite safety, the relationship between the statutory framework of the Work Safety and Health Act (Cap 354A) and common law duties, and the applicable standard of care.
Stamford Law advised Tuaspring Pte. Ltd. (a wholly-owned subsidiary of Hyflux Ltd) in the S$720 million 18-year term loan facility to fund the development of Singapore's second and largest reverse osmosis desalination plant and integrated on-site power generation plant.
Stamford Law advised Kim Heng Offshore & Marine Holdings Limited on its initial public offering and listing on the Catalist board of the SGX-ST. Based in Singapore, Kim Heng is an established integrated offshore and marine value chain services provider for the oil & gas industry. Based on the invitation price of S$0.25, Kim Heng is valued at S$177.5 million post-offering.
Stamford Law acted as Singapore counsel to Bain Capital Partners LLC in its US$501 million offer to buy all shares of Macromill Inc., a Japanese online market research company listed on the Tokyo Stock Exchange which has Yahoo Japan Corporation as its biggest shareholder. Under the terms of the offer, Bain Capital will buy up to 65.4 million shares at 786 yen per Macromill share. Bain Capital is a private investment firm based in Boston, USA with more than US$70 billion in assets. Ropes & Gray (Tokyo) and Mori Hamada & Matsumoto are advising Bain Capital and TMI Associates is advising Macromill.
As part of Stamford Law's corporate responsibility initiatives, lawyers are encouraged to take on pro bono legal representations on a case-by-case basis.
Stamford Law is pleased to announce that our market-leading corporate practice has been ranked 2 nd amongst Singapore firms by Mergermarket for M&A activity by value within Q1-Q4 2013 in the Southeast Asia region. The firm's practice has a sizeable lead of $1.81 billion over the next Singapore firm on the league table.
Stamford Law is advising AVIC International Kairong Limited on the share acquisition and the implementation of a general offer for 39,762,858 shares of KHD Humboldt Wedag International AG which are listed on the regulated market of the Frankfurt Stock Exchange. The offer values KHD at over EUR 320 million.
Stamford Law represented the Rickmers Trust Management Pte. Ltd., Trustee-Manager of Mainboard-listed Rickmers Maritime (a business trust), in the establishment of its S$300 million multicurrency medium term note programme. DBS Bank Ltd. and The Hongkong and Shanghai Banking Corporation acted as joint arrangers and dealers of the programme.