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Banking & Finance

Luxembourg

The CMS Luxembourg Banking & Finance team provides local and pan-European expertise in the full spectrum of banking, finance, regulatory and capital markets law.

In one of the most important financial marketplaces in Europe, CMS Luxembourg ensures its services are ahead of market trends, anticipating the challenging environment of your business. Our priority is resolving your challenges and offering you innovative tailor-made solutions in order to make your business thrive.

Whether you are a bank or a corporation, a financial service provider or an entity confronted with regulation, we have banking & finance experts to help, whatever your situation.

The CMS Banking & Finance practice is one of Europe’s largest with over 500 banking and finance lawyers who have proven their pan-European skills in working together for more than one decade.

Whether you seek deep-rooted local advice or multi-jurisdictional expertise, our teams will advise you seamlessly. We select a team of highly-qualified and experienced lawyers that will best fit with the scope of your matter. This organisation allows us to be flexible while providing top level project management.

Over the years, we have been advising a vast range of clients, both foreign and domestic, such as commercial and investment banks, private banks or investment companies on common deals but also on major transactions.

We aim to be one step ahead of market developments, in order to build relationships with you that last.

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    Capital Markets

    The Luxembourg Stock Exchange is the largest stock exchange in Europe in terms of international bond listings with more than 29,000 international bond issues listed. It offers a choice of two markets, the main EU-regulated market called “the Bourse de Luxembourg market" and an exchange-regulated market called “Euro MTF”.

    Our Capital Markets team offers a wide range of transactional and advisory services for all aspects of capital markets, derivatives, structured products and structured finance transactions.

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    Regulatory

    Our team is well familiar with the various legal and regulatory aspects to which the banking and finance industry is faced with. We have been assisting for many years several local and international leading banks and financial institutions for various matters in relation to the supervisory authority of the financial sector (Commission de Surveillance du Secteur Financier, CSSF).

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    Securitisation

    The Banking and Finance team has a vast experience in securitisation and assists clients with the structuring, the legal and tax aspects of transactions and the preparation and negotiation of legal documentation.

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    Transactional

    Our team has a wide experience in a large number of lending transactions. We have acted as counsel to foreign and domestic banks and companies in (re) structuring, negotiating and drafting various types of credit arrangements and related contracts. We advise our clients form the early stages of a transaction, to the drafting of all forms of financing and security documentation, to the creation and foreclosure of Luxembourg law security interests.

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    June 2018
    CMS in­tro­duces Private Place­ments on­line Ques­tion­naire

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    Gregor Famira
    28/03/2018
    Ini­tial Coin Of­fer­ings - New means of fun­drais­ing
    27/07/2018
    Oil and Gas - "Hanged on a Comma"? Punc­tu­ation in Fin­an­cing Agree­ments
    Sum­mary In Vit­ol E&P Lim­ited v New Age (Afric­an Glob­al En­ergy) Lim­ited [2018] EWHC 1580 (Comm), the Com­mer­cial Court was asked to con­sider the re­la­tion­ship between a cor­por­ate lend­ing fa­cil­ity and a re­serve based lend­ing fa­cil­ity.
    13/06/2018
    EU tem­por­ary meas­ures on CF­Ds and bin­ary op­tions
    On 22 May 2018, the European Se­cur­it­ies and Mar­kets Au­thor­ity (“ESMA”) ad­op­ted two de­cisions im­ple­ment­ing tem­por­ary product in­ter­ven­tion meas­ures. These de­cisions re­strict the mar­ket­ing, dis­tri­bu­tion and sale of con­tracts for dif­fer­ence (“CF­Ds”) and bin­ary.
    01/02/2018
    Cap­it­al gains on crypto­cur­ren­cies: what hap­pens un­der the Bel­gian...
    Crypto­cur­ren­cies have re­cently at­trac­ted a lot of at­ten­tion, with many in­vestors seek­ing to be­ne­fit from this new trend. Be­ing a re­cent phe­nomen­on, crypto­cur­ren­cies are not yet sub­ject to spe­cif­ic rules in Bel­gi­um.
    19/01/2018
    Changes to Bel­gian SME fin­an­cing law rel­ev­ant to fin­an­cing trans­ac­tions
    A new Law dated 21 Decem­ber 2017 amends the Bel­gian Law re­lat­ing to the fin­an­cing of small and me­di­um-sized en­ter­prises ( the “SME Fin­an­cing Law”). These amend­ments are par­tic­u­larly rel­ev­ant to lenders en­ter­ing in­to syn­dic­ated loans, fin­an­cing ar­range­ments.
    20/09/2017
    Pub­lic Coun­try-by-Coun­try Re­port­ing; Tax­pay­er­s' Rights
    Ap­pro­pri­ate Use of Coun­try-by-Coun­try Re­ports The OECD has now pub­lished Guid­ance (avail­able here) on the ap­pro­pri­ate use of Coun­try-by-Coun­try Re­ports (‘Cb­CRs’) by na­tion­al tax au­thor­it­ies. This is in re­sponse to some val­id MNE con­cerns that tax au­thor­it­ies.
    26/06/2017
    The Re­cast EU In­solv­ency Reg­u­la­tion be­comes ef­fect­ive today
    Since May 2002, we have had a re­gime which en­sures that an in­solv­ency pro­ceed­ing star­ted in one of the EU’s mem­ber states is, without fur­ther form­al­ity, re­cog­nised in all oth­er mem­ber states (ex­cept for Den­mark) and which de­term­ines the law ap­plic­able to such.
    10/02/2017
    In­dia Budget 2017 - 2018
    On 1 Feb­ru­ary, Fin­ance Min­is­ter Ar­un Jait­ley presen­ted In­dia’s an­nu­al Uni­on Budget for 2017-2018 (the “Budget”) for the fisc­al year be­gin­ning 1 April 2017. The cent­ral aim in this year’s Budget ap­pears to fo­cus on the most vul­ner­able with in­creased spend­ing.
    06/02/2017
    New reg­u­la­tion comes in­to force sup­port­ing cre­ation of a European...
    The new reg­u­la­tion n°655/2014 sup­port­ing the cre­ation of a European bank ac­count pre­ser­va­tion or­der pro­ced­ure came in­to force on 18 Janu­ary 2017. This is now en­force­able through­out the Mem­ber States of the European Uni­on, ex­clud­ing the United King­dom and Den­mark.
    24/01/2017
    The up­com­ing money mar­ket fund reg­u­la­tion
    I. The Reg­u­la­tion in­tro­duces two new cat­egor­ies of MMF, with each MMF re­quired to meet the re­quire­ments: short-term MMFs, whose ob­ject­ive is to of­fer money mar­ket rate re­turns while en­sur­ing the highest pos­sible level of safety.
    01/12/2016
    BEPS Up­date: Mul­ti­lat­er­al In­stru­ment Pub­lished
    The OECD has now pub­lished the mul­ti­lat­er­al in­stru­ment (“MLI”) that will im­ple­ment cer­tain of the treaty-re­lated pro­pos­als from its pro­ject on tack­ling base erosion and profit shift­ing (“BEPS”).
    28/10/2016
    European Com­mis­sion pub­lishes Cor­por­ate Tax Re­form Pack­age, re­launch­ing...
    As part of a Cor­por­ate Tax Re­form Pack­age, the EC has pub­lished four pro­pos­als for Coun­cil Dir­ect­ives. 1. Pro­pos­als to re­launch the Com­mon Con­sol­id­ated Cor­por­ate Tax Base First, the European Com­mis­sion (“EC”) has an­nounced that it is re­launch­ing its pro­pos­al.