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ARTICLE · 14 MAY 2021

Luxembourg Directors - Beware The Comfort Letter

Loyens & Loeff
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Historically, little consideration appears to have been given to the signature of comfort letters by Luxembourg parent companies.

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Historically, little consideration appears to have been given to the signature of comfort letters by Luxembourg parent companies. The exposure of the company and its board members can be significant depending on the wording used.

In this article, we examine the difference between a letter of comfort and a guarantee – an important distinction in these times of heightened distressed positions.

Comfort Letter or Guarantee - What did I just sign?

Historically, little consideration appears to have been given to the signature of comfort letters by the boards of Luxembourg holding companies, it having seemingly become something "standard" that is simply requested by the auditors or the suppliers of operating subsidiaries each year. However in these times of increased distressed debt restructurings, the spotlight should again be focused on these letters.

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