ArticleBack To 2018 – Forward To 2019The Luxembourg legal framework relating to AML/CTF has been substantially reshaped during 018 with the implementation into Luxembourg law of Directive ...European UnionGovernment, Public SectorArendt & Medernach
ArticleRecast Of The Law On Business LicensesThe bill n°7989 amending the law of 2 September 2011 as amended regulating the access to the professions of craftsman, trader, industrialist and certain liberal professions has been adopted by the Luxembourg Parliament on 20 July 2023.LuxembourgCorporate/Commercial LawBonn & Schmitt
ArticleCreditors' Protection Enhanced In Financing Railway Rolling Stocks Following The Entry Into Force Of The Luxembourg ProtocolThe Cape Town Convention on international interests in mobile equipment (the "Convention") was adopted on 16 November 2001 and promotes the financing and acquisition of certain type of assets. LuxembourgInsolvency/Bankruptcy/Re-StructuringCMS Luxembourg
ArticleInsolvency In LuxembourgDiscover our brochure "Insolvency in Luxembourg" for an overview of options available to companies in financial distress in Luxembourg.LuxembourgInsolvency/Bankruptcy/Re-StructuringNautaDutilh Avocats Luxembourg
ArticleLuxembourg's New Restructuring Law: What About The Financial Collateral?On 1 November 2023, the Luxembourg law of 7 August 2023 on business preservation and modernisation of bankruptcy law (the Restructuring Law) entered into force. LuxembourgInsolvency/Bankruptcy/Re-StructuringLoyens & Loeff
ArticleDealing With Distressed M&A In LuxembourgAs companies come to terms with rising interest rates in the wake of increased inflation, Frédéric Lemoine and Ana Nicoleta Andreiana from Loyens & Loeff outline the main issues faced.LuxembourgCorporate/Commercial LawLoyens & Loeff
ArticleProfessional GuaranteesOn 1 July 2020, the Luxembourg Parliament (Chambre des Députés) adopted a new law relating to professional payment guarantees (the "Law").LuxembourgCorporate/Commercial LawELVINGER HOSS PRUSSEN, société anonyme
ArticleA Major Boost For Funded Sub-participations In LuxembourgBill of Law No. 8813 introduces a statutory asset segregation regime for funded sub-participations in Luxembourg, materially improving participant protection by reducing exposure to lender insolvency risk. The reform is expected to increase the attractiveness of Luxembourg-based lending structures across loan, private credit, and structured finance markets. LuxembourgFinance and BankingA&O Shearman
ArticleFight Against Money Laundering: Beware Of Excessive ZealThere has been an interesting development in the controversial Luxembourgish case of an Icelandic bank (Landsbanki Luxembourg S.A.) in liquidation.LuxembourgGovernment, Public SectorBSP
ArticleCreditors' Protection Enhanced In Financing Railway Rolling Stocks Following The Entry Into Force Of The Luxembourg Protocol Supplementing The Cape Town Convention On International Interests In Mobile EquipmentThe Cape Town Convention on international interests in mobile equipment (the "Convention") was adopted on 16 November 2001 and promotes the financing and acquisition of certain type of assets.LuxembourgInsolvency/Bankruptcy/Re-StructuringCMS Luxembourg
ArticleJudicial Reorganisation Through Transfer By Court Order (Transfert Par Decision De Justice)Th e Law of 7 August 2023 on business preservation and modernising bankruptcy law introduces three new judicial reorganisation procedures. LuxembourgInsolvency/Bankruptcy/Re-StructuringLuther Luxembourg S.A.
ArticleThe Luxembourg Professional Payment Guarantee One Year Later – Assessment Of Luxembourg's Newest Creditor-friendly ToolA year ago, the Luxembourg government announced the introduction of a new type of guarantee which was intended to better meet the needs of the market in terms of certainty and robustness.LuxembourgInsolvency/Bankruptcy/Re-StructuringLoyens & Loeff
ArticleLuxembourg Introduces A New Bill To Boost Protection For Participants In Funded Sub-participationsThe new regime will apply automatically to sub-participation agreements signed after the law takes effect, though parties can contract out of it. For agreements already in place, it doesn't apply automatically, consistent with non-retroactivity, but parties can choose to opt in. LuxembourgFinance and BankingHerbert Smith Freehills Kramer LLP
ArticleCommon Struggles Faced By International Creditors In Luxembourg Bankruptcy ProceedingsA large number of international corporate groups conducting their activities all over the world have holding or finance companies in Luxembourg.LuxembourgInsolvency/Bankruptcy/Re-StructuringLoyens & Loeff
ArticleLuxembourg Restructuring And Insolvency: A Guide To SecurityIn this article, partner Bertrand Géradin and managing associate David Al Mari from Ogier's Restructuring and Insolvency team in Luxembourg provide a high level summary of the enforcement mechanisms...LuxembourgInsolvency/Bankruptcy/Re-StructuringOgier
ArticleRestructuring And Corporate Recovery Measures In Luxembourg – April 2020Luxembourg went into full Coronavirus lockdown on March 16. By the ministerial decree of 16 March 2020, the State narrowed down the movement of citizens to the essential activities...LuxembourgInsolvency/Bankruptcy/Re-StructuringOgier
ArticleLuxembourg Supreme Court Decision Of 19 December 2024: A Welcome Confirmation Of The Scope Of Luxembourg Collateral LawThe Luxembourg Law of 5 August 2005 on financial collateral arrangements, as amended (the "Collateral Law"), is recognised by the industry to be creditor-friendly as it provides safe harbour provisions protecting...LuxembourgInsolvency/Bankruptcy/Re-StructuringELVINGER HOSS PRUSSEN, société anonyme
ArticleResponses To Parliamentary Questions On Completion GuaranteesSince certain recent bankruptcies, off-plan sales (VEFA) legislation, supposedly protective of buyers, has shown its limitations.LuxembourgReal Estate and ConstructionDSM Avocats à la Cour
ArticlePractical Impact Of The New Luxembourg Restructuring & Insolvency Toolbox - Snippet SeriesLuxembourg bolsters its position for the structurings of international investments with the introduction of new tools for bankruptcy prevention. The existing and new financial collateral...LuxembourgInsolvency/Bankruptcy/Re-StructuringLoyens & Loeff
ArticleProcedural Tactics In Luxembourg Corporate And Financial Disputes: Noteholders' ReliefNotes ("obligations") are negotiable instruments of a collective character conferring creditor rights to their holders ("obligataires") to the benefit of both the issuer (enabling it to rapidly secure funds) and noteholders...LuxembourgCorporate/Commercial LawLoyens & Loeff