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ARTICLE · 18 MAY 2020

Enforcement Of Security In Insolvency

Luxembourg is one of the leading domiciles worldwide for international investment portfolio acquisition vehicles.

LuxembourgInsolvency/Bankruptcy/Re-Structuring

Usual Luxembourg security package

Luxembourg is one of the leading domiciles worldwide for international investment portfolio acquisition vehicles.

Acquisition financing are usually secured against the assets and cash flows of the target company as well as of the buyout vehicle.

In practice, given that a Luxembourg holding company generally does not have any operational activities, shares, receivables and cash on bank are the most important assets to cover.

Pledges are the common form of security for such movable property. They are governed by the Law of 5 August 2005 on financial collateral arrangements, as amended (the Financial Collateral Act), which transposed Directive 2002/47/EC of 6 June 2002 on financial collateral arrangements (the Collateral Directive) into national law.

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