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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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    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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    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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    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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    June 2018
    CMS in­tro­duces Private Place­ments on­line Ques­tion­naire

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    Oliver Dreher, LL.M. (King's College London)
    June 2018
    CMS in­tro­duces Private Place­ments on­line Ques­tion­naire
    24/04/2019
    Bel­gian reg­u­lat­ory frame­work for MGAs now in force
    On 21 Novem­ber 2018 and 7 March 2019, we is­sued news­let­ters (re­spect­ively avail­able here and here) re­gard­ing the Bel­gian pro­pos­al to cre­ate a new reg­u­lat­ory frame­work for man­aging gen­er­al agents (“MGAs”) in Bel­gi­um (“Pro­pos­al”).
    28/03/2018
    Ini­tial Coin Of­fer­ings - New means of fun­drais­ing
    18/04/2019
    BARE­CON - The Im­port­ance of Class
    In the re­cent case of Sil­ver­burn Ship­ping (IoM) Ltd -v- Ark Ship­ping Com­pany LLC [2019] EWHC 376 (Comm), the High Court ruled that an ob­lig­a­tion in a charter­party to keep a ves­sel in class is both an ab­so­lute ob­lig­a­tion and a con­di­tion.
    10/04/2019
    A mixed bill of health for EU loan syn­dic­a­tion
    The much an­ti­cip­ated EU re­port on loan syn­dic­a­tion was pub­lished on 5 April 2019. It was po­si­tioned as a fact-find­ing ex­er­cise, com­mis­sioned by the European Com­mis­sion in 2017 and car­ried out by a third party con­sultancy, to study the func­tion­ing of the syn­dic­ated.
    02/04/2019
    Crowd­fund­ing: European Par­lia­ment steps up in­vestor pro­tec­tion in...
    On 27 March 2019 the European Par­lia­ment ad­op­ted its po­s­i­tion on the Com­mis­sion's pro­pos­als for com­mon rules for crowd­fund­ing plat­forms across Europe. The Com­mis­sion pub­lished the ori­gin­al draft reg­u­la­tion (the "Crowd­fund­ing Reg­u­la­tion") in March 2018, which.
    14/03/2019
    What about VAT after Brexit?
    Al­though the UK par­lia­ment ruled against the pos­sib­il­ity of a ‘no deal’ Brexit, the out­come of the cur­rent UK polit­ic­al con­tro­versy re­mains un­cer­tain. Both busi­nesses and gov­ern­ments in both Great Bri­tain and EU are pre­par­ing for every even­tu­al­ity, in­clud­ing.
    12/03/2019
    Bel­gi­um braces for Hard Brexit with draft law
    On Feb­ru­ary 19, Bel­gi­um passed a draft law pre­par­ing it­self for a Hard Brexit should the UK leave the European Uni­on (EU) on the dead­line of 29 March 2019 without a with­draw­al agree­ment in place to reg­u­late UK's de­par­ture and define its fu­ture re­la­tion­ship.
    07/03/2019
    Up­date of Bel­gian pro­pos­al for MGA reg­u­lat­ory frame­work
    On 21 Novem­ber 2018, we is­sued a news­let­ter (ac­cess­ible here) re­gard­ing a draft law amend­ing the law of 4 April 2014 on in­sur­ance, which will cre­ate a new reg­u­lat­ory frame­work for man­aging gen­er­al agents (“MGAs”) in Bel­gi­um (“Pro­pos­al”).
    06/03/2019
    EMIR RE­FIT: cleared to land
    In a press re­lease, the Coun­cil of the European Uni­on (“Coun­cil”) an­nounced re­cently that a pre­lim­in­ary agree­ment was reached re­lat­ing to the pro­posed reg­u­la­tion that would amend the European Mar­ket In­fra­struc­ture Reg­u­la­tion (“EMIR”).
    28/02/2019
    Ar­bit­rat­ing fin­an­cial dis­putes – Are there tan­gible be­ne­fits?
    In the past dec­ade, sev­er­al at­tempts have been un­der­taken to pro­mote in­ter­na­tion­al ar­bit­ra­tion in the fin­an­cial in­dustry. In­deed, vari­ous fea­tures of in­ter­na­tion­al ar­bit­ra­tion ap­pear to be par­tic­u­larly well suited for the needs of fin­an­cial ser­vices pro­viders.
    25/02/2019
    Brexit – ESMA cla­ri­fies its po­s­i­tion on trade re­port­ing in a no-deal...
    In a bid to cla­ri­fy the re­port­ing ob­lig­a­tions of trad­ing data fol­low­ing a no-deal Brexit, the European Se­cur­it­ies and Mar­kets Au­thor­ity (“ESMA”) has pub­lished a state­ment provid­ing guid­ance on how trad­ing data between the United King­dom and the European Uni­on.