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Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

Legal Developments Worldwide

Articles contributed by MNKS (formerly Noble & Scheidecker)

View the listing for MNKS (formerly Noble & Scheidecker)

ACCOUNTING ASPECTS

March 2012 - Finance. Legal Developments by MNKS (formerly Noble & Scheidecker).

More articles by this firm.

I. Law of 10 December 2010 relating to the introduction of the International Financial Reporting Standards (IFRS)
II. Grand-Ducal Regulation of 14 December 2011 relating to the procedure for filing financial information electronically with the Luxembourg Trade and Companies Register

Transfer pricing rules applicable to intra-group financing transactions

August 2011 - Finance. Legal Developments by MNKS (formerly Noble & Scheidecker).

More articles by this firm.

(Luxembourg Tax administration’s circulars L.I.R. n°164/2 and n°164/2bis respectively of 28 January and 8 April 2011)

In accordance with the OECD’s principles and some specific Luxembourg tax law provisions, the determination of the price of any service (e.g. a financial or commercial one) between two companies of the same group is subject to the arm’s length principle. 

Increased Rights for Shareholders in Listed Companies Law of 24 May 2011

August 2011 - Finance. Legal Developments by MNKS (formerly Noble & Scheidecker).

More articles by this firm.

Further to a communication entitled "Modernising company law and enhancing corporate governance in the EU" from the European Commission to the Council and the EU Parliament, Directive 2007/36/EC, which deals with the exercise of certain rights of shareholders in listed companies, was enacted to introduce minimum standards with a view to protecting investors

The Mergers & Acquisitions Review

January 2011 - EU & Competition. Legal Developments by MNKS (formerly Noble & Scheidecker).

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In response to the financial crisis, the past year has been spent cutting costs and restoring balance sheets while governments have set about overhauling the regulatory landscape. Whether as a result of this approach or in spite of it, we have seen the first signs of a recovery in the second half of 2009. During the financial meltdown, many strong businesses focused on assessing their strategy and restructuring. As the signs of recovery began to emerge, such businesses tentatively started to re-engage in M&A transactions as a means of achieving growth.

Liabilities of Directors of an Investment Fund

August 2010 - Finance. Legal Developments by MNKS (formerly Noble & Scheidecker).

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The current turmoil in the investment fund industry has particularly drawn the attention of professionals, including "Directors", to the liabilities they may incur in the framework of their duties as director of an investment vehicle.

Outsourcing : Some legal aspects

June 2009 - TMT ( Technology, Media & Telecoms). Legal Developments by MNKS (formerly Noble & Scheidecker).

More articles by this firm.

This article aims at outlining the general priniples of outsourcing and giving an overview on the related activities mentioned below.

However, the special focus of this article will be IT outsourcing and the main corresponding legal aspects....

Suspension of payment regime

June 2009 - Finance. Legal Developments by MNKS (formerly Noble & Scheidecker).

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At the beginning of October 2008, in the context of worldwide financial storm, three banks and a professional of the financial sector (FSP) were placed by the Luxembourg courts under the procedure of "suspension of payments", a step, which had almost never been taken up to this point...

The win / win deal

June 2009 - Employment. Legal Developments by MNKS (formerly Noble & Scheidecker).

More articles by this firm.

In these somewhat uncertain economic times, the spectre of redudancies is in evreyone's mind. This stands in contrast with the situtaion of the employment market, which is characterised by a shortage of manpower, where one of the biggest HR challenges is to attract and retain talent...

Liabilities of Directors of an Investment Fund

April 2009 - Finance. Legal Developments by MNKS (formerly Noble & Scheidecker).

More articles by this firm.

The current turmoil in the investment fund industry has particularly drawn the attention of professionals, including “Directors”, to the liabilities they may incur in the framework of their duties as director of an investment vehicle...

Posting of workers in Luxembourg

July 2008 - Employment. Legal Developments by MNKS (formerly Noble & Scheidecker).

More articles by this firm.

The European Court of Justice ruled on 19 June 2008, that certain provisions of the law of 20 December 2002 implementing Directive 96/71/CE relating to the posting of workers (integrated into the articles L.141-1 and following of the Labour Code) were contrary to European law, in particular to the principle of freedom to provide services.

An introduction to Luxembourg Employment Law

July 2008 - Employment. Legal Developments by MNKS (formerly Noble & Scheidecker).

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The Luxembourg market is characterized by the major role played by the frontier workers (Belgian, French and German) who form more than 50% of the labour force working within the territory. The unemployment rate amongst Luxembourg workers amounts to approximately 4,5% (2008).

Legal Guide to Forming a Corporation in Luxembourg

March 2008 - Corporate & Commercial. Legal Developments by MNKS (formerly Noble & Scheidecker).

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Business in the Grand-Duchy of Luxembourg (the “GDL”) may be carried out by individual trader(s) or by way of forming a corporate entity, whereby a separation of personal and corporate assets may be ensured by lodging such assets in the separate legal entity. Read more...

For more information please visit our website http://www.mnks.com/.

Specialised Investment Funds (SIF)

August 2007 - Finance. Legal Developments by MNKS (formerly Noble & Scheidecker).

More articles by this firm.

The SIF law has been voted on 13 February 2007. The aim is to create in Luxembourg a particular type of undertaking for collective investment "UCI" called "specialised investment funds" (or "SIFs"), which are subject to rather light statutory rules. Read more...

For more information please visit our website http://www.mnks.com/.

European construction: a bridge for cross-border mergers

November 2006 - Finance. Legal Developments by MNKS (formerly Noble & Scheidecker).

More articles by this firm.

In the global context of ‘economic patriotism’, where governments battle against delocalisation of their national companies, European law continues to promote mobility of companies in Europe.

In the last few months, the European institutions have particularly facilitated crossborder mergers for the benefit of the companies themselves, since, up until then, the operators were confronted with huge constraints – or even the impossibility- of carrying out such transactions...

The SICAR

July 2006 - Finance. Legal Developments by MNKS (formerly Noble & Scheidecker).

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The “SociĂ©tĂ© d’investissement en capital Ă  risque" ("SICAR") has been implemented by a law dated 15 June 2004 (the "SICAR Law") in order to offer a new regulated vehicle for investment in private equity to wellinformed investors1 (the "Investors") in addition to the other investment vehicles already at their disposal. These other vehicles include the Undertakings for Collective Investment type vehicles (the "UCI") and the SOPARFI type companies (non-regulated commercial companies) investing in private equity. It offers the advantages of a considerably flexible corporate structure for the sole purpose of investing in risk capital while simultaneously offering the benefits of the supervision of the Commission de Surveillance du Secteur Financier (the "CSSF") as well as a neutral tax regime.