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Insolvency & Restructuring

Luxembourg

Whether you are a business executive or a buyer, you may be required to carry out a profound reorganization of your company or one of its entities to improve performance or to ensure its solvency. To ensure a successful outcome, it is key to take into account all the legal aspects from the outset, both related to the transaction and to the economic sector involved.

Working with our lawyers, you will benefit from experience gained over many years in various economic contexts and in all industry sectors. We can assist you particularly with regard to safety precautions in the event of liquidation, recovery, transfer, etc., obtaining ailing company status, with the conclusion of shareholder agreements or in the management of litigation related to these specific situations. When the situation requires a very specific expertise, such as employment or tax law, we will work in tandem with other CMS teams.

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19/07/2019
Po­s­eidon Prin­ciples and re­spons­ible ship fin­an­cing
On 18th June 2019, 11 banks with col­lect­ively over $100bn in as­sets and rep­res­ent­ing nearly 20% of the glob­al ship fin­ance signed a glob­al frame­work agree­ment, called the Po­s­eidon Prin­ciples. These are dir­ec­ted to­wards meet­ing the Par­is Agree­ment’s tar­get of.
02/07/2019
Crowd­fund­ing: The Coun­cil for the EU pub­lishes the next step to­wards...
On 26 June 2019, the Coun­cil for the European Uni­on pub­lished a com­prom­ise pro­pos­al in re­la­tion to the European Com­mis­sion’s draft frame­work to reg­u­late crowd­fund­ing plat­forms in the EU (the "Crowd­fund­ing Reg­u­la­tion").
24/05/2019
FID­IC claims no­ti­fic­a­tion pro­vi­sions: Hong Kong High Court guid­ance
A re­cent de­cision of the Hong Kong High Court has con­sidered the ef­fect of claims no­ti­fic­a­tion pro­vi­sions which re­quire a con­tract­or to state the con­trac­tu­al basis of a claim. Such a re­quire­ment now forms part of the stand­ard FID­IC claims no­ti­fic­a­tion pro­ced­ure.
16/04/2019
The new EU frame­work for screen­ing for­eign in­vest­ment is now in force
On 10 April 2019, the EU frame­work for screen­ing for­eign dir­ect in­vest­ment (FDI) came in­to force, al­low­ing the European Com­mis­sion and Mem­ber States un­til 11 Oc­to­ber 2020 to put in place mech­an­isms and re­sources to com­ply.
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
Ship­ping and car­bon: EU and IMO sys­tems to align
On 4 Feb­ru­ary 2019 the European Com­mis­sion (EC) tabled a pro­pos­al con­cern­ing the amend­ment of Reg­u­la­tion (EU) 2015/757 on the mon­it­or­ing, re­port­ing and veri­fic­a­tion of car­bon di­ox­ide emis­sions from mari­time trans­port (the “EU MRV Reg­u­la­tion”).
13/03/2019
Con­nec­ted Fu­ture - En­ergy Stor­age
It is re­cog­nised that flex­ib­il­ity in the elec­tri­city sys­tem will be­come in­creas­ingly valu­able in the com­ing years as the wider en­ergy trans­ition, in­clud­ing the great­er pen­et­ra­tion of in­ter­mit­tent, dis­trib­uted gen­er­a­tion and more pro­act­ive con­sumers, across.
27/02/2019
Elec­tric Vehicles: in­fra­struc­ture for our con­nec­ted fu­ture
The up­take of elec­tric vehicles (EVs) has soared in re­cent years (al­beit from a very low base), with jur­is­dic­tions such as Nor­way and The Neth­er­lands cur­rently lead­ing the pack. However, in or­der for a coun­try to be­come a glob­al EV lead­er, it is vi­tal to con­sider.
31/01/2019
Com­mis­sion­ing a scrub­ber sys­tem by 31 Decem­ber 2019 is not suf­fi­cient...
Ship own­ers, ship op­er­at­ors and ship man­agers who are busy pre­par­ing for the up­com­ing high sul­phur fuel oil (“HSFO”) ban which enters in­to force on 1 Janu­ary 2020 will be fa­mil­i­ar with the op­tion to in­stall Ex­haust Gas Clean­ing Sys­tems (EGC­Ss) oth­er­wise known.
22/11/2018
New re­port | Con­nec­ted Fu­ture: in­vest­ment op­por­tun­it­ies in the rad­ic­ally...
Tech­no­logy-driv­en trans­form­a­tions are not only dis­rupt­ing our every­day lives, but are also rad­ic­ally trans­form­ing the in­fra­struc­ture sec­tor. On the one hand, in­nov­a­tion is driv­ing an up­grade of ex­ist­ing in­fra­struc­ture, such as di­git­al; on the oth­er hand, it.
21/09/2018
EU to define €100’s of bil­lions pa of sus­tain­able in­vest­ment
It is easy to ask: what does sus­tain­able in­vest­ment mean? The an­swer is not simple even though a lot rides on it. In the EU cli­mate and en­ergy space alone, the EU es­tim­ates that ad­di­tion­al sus­tain­able in­vest­ment will need to rise to €180 bil­lion per an­num (on.
01/02/2018
European Com­mis­sion pub­lic con­sulta­tion on EU funds for stra­tegic...
This year, the European Com­mis­sion must present pro­pos­als for the fin­an­cial pro­grammes for the post-2020 Mul­tian­nu­al Fin­an­cial Frame­work. These pro­grammes/funds provide fin­an­cial sup­port to hun­dreds of thou­sands of be­ne­fi­ciar­ies such as re­gions, cit­ies, NGOs,.