Introduction
Luxembourg has a longstanding legislative policy to support its
position as a leading global domicile for investment
structuring. Applying this policy in a corporate context,
Luxembourg has implemented the various European Union
(EU) merger directives in a characteristically
open-market fashion. The EU merger directives require EU
member states to legislate in their national laws to enable
cross-border mergers, on a tax neutral basis, between public
companies constituted in EU member states.
In line with its role as a global finance centre enjoying full
EU single-market access, Luxembourg has transposed these directives
into its national law in an enhanced manner so that cross-border
mergers are available (a) in relation to any Luxembourg company or
limited partnership with legal personality, not being restricted to
public limited companies only and (b) in relation to any
cross-border merger, not restricted to EU companies only, provided
that (i)
