CORPORATE FINANCE
Luxembourg is one of three European capitals housing the headquarters of European Union institutions and establishments, including the Court of Justice, the General Court, the Civil Service Tribunal and the European Investment Bank. Another advantage for the firm is that it is based in one of the world's leading financial centers, home to most of the world's major banks and insurance companies; in a country that offers a particularly favorable legislative framework for financial activities, and a comprehensive set of tax treaties with other European and non-European centers; in a country that benefits from highly motivating regulations for business start-ups; and finally, in a country whose multicultural and multilingual population is unique in Europe.
The firm assists its Luxembourg and foreign banking clients with all their regulatory and licensing issues, and provides advice and assistance in setting up financial products. We assist with the preparation of license applications for banking establishments, investment firms and management companies, as well as with the monitoring of legal and regulatory provisions applicable to the operation of these structures (rules of professional conduct, separation of business lines, terms and conditions of practice, etc.).
The firm also advises clients on the formalization of standard contracts, the drafting of general terms and conditions, and the preparation of ancillary documents.
Since December 2008, the firm's partners have been involved in the many disputes and issues surrounding the "Madoff" affair, monitoring the Luxembourg and foreign funds affected, whether in liquidation or not.
CONSTANTLY EVOLVING FINANCIAL LAW
The growth and multiplication of European regulations applicable to banks, investment firms and UCIs are aimed at protecting savers, providing them with better information about financial products and the risks they entail, and ensuring transparency in pricing to improve the suitability of services. In return for these major orientations decided at political level, professionals in the financial sector have seen their obligations increase.
VILRET & PARTNERS has expertise in banking and financial law, including advice and assistance on financial markets, banking and financial regulatory issues (financial services law, securities law) and financial intermediation.
We assist numerous Luxembourg and foreign banking and financial establishments, as well as asset managers, from the implementation of their projects right through to the roll-out of their activities. More generally, we assist our clients with the legal and regulatory framework, as well as with all issues, such as bankruptcy/liquidation, that professionals face.
Securities law requires financial sector professionals to be supported in tackling increasingly technical issues requiring in-depth analysis of their rights and obligations.
CIVIL AND COMMERCIAL CONTRACTS
The intervention of a lawyer in the negotiation and drafting of a contract ensures the protection of the interests of a person, whether an individual or a company. The lawyer's training and professional practice make him or her a particularly qualified legal engineer.
The firm advises and assists clients in selecting, drafting, negotiating and concluding civil and commercial contracts under French, Luxembourg and international law.
COMPANY FORMATION, RESTRUCTURING
After analyzing the applicable regulations and listening carefully to their objectives, the firm advises its corporate clients on setting up or restructuring their corporate structure, by choosing new corporate structures under Luxembourg law, or by setting up a subsidiary or branch. For companies in other jurisdictions, the firm, through its network of correspondents, ensures their incorporation and offers management and/or direction.
As the lawyer can act as a company domiciliary and can offer services related to company domiciliation to his clients, the firm is able to set up, manage, administer and domicile Luxembourg companies.
Luxembourg corporate structures are commercial or financial companies whose purpose may be to
- managing or developing a portfolio of securities or shares
- provide control to enable investors to manage these structures
- coordinate the activities of subsidiaries
- arranging or carrying out IPOs
- holding and/or exploiting patents
- own and finance subsidiaries.
The Luxembourg context is conducive to the creation and administration of such structures.
VILRET & PARTNERS also defends its clients in corporate law disputes:
- shareholder disputes
- minority expertise
- defending executives against liability claims
- implementation and enforcement of asset and liability guarantee agreements
- enforcement of shareholders' agreement(s)
- dispute resolution.
AUDIT
The firm can carry out a legal audit, and organize and supervise a financial audit of a Luxembourg or French company, with a view, for example, to acquiring a stake or making an acquisition.
A RELAY AND FOLLOW-UP IN LUXEMBOURG
The firm also assists foreign clients and/or their companies in their dealings with banks, asset managers, insurance companies and the Luxembourg authorities, with the aim of monitoring and controlling their operations in the Grand Duchy of Luxembourg.
ACQUISITION OF EQUITY INTERESTS
The firm prepares the legal framework, ensures the implementation and organization of the equity investment, and monitors the proper implementation with local stakeholders such as the various administrations concerned, notaries, statutory auditors and auditors.
COMPANY MANAGEMENT
The firm prepares the legal framework, sets up and organizes the acquisition of equity stakes, and monitors their successful completion with local partners such as :
The various administrations concerned, notaries, auditors and trustees.
The firm provides day-to-day legal support for several of its clients' companies or groups of companies, and guarantees the legal certainty required to draw up their legal documentation and complete the legal formalities with the relevant authorities.
The firm is involved in the corporate management of groups of companies:
- choice of legal structures
- setting up holding companies
- internal restructuring through mergers
- contribution(s) of branch(es).
VILRET & PARTNERS - Attorneys at law
71, rue de Gasperich L-1617 Luxembourg
info@vilret-partners.lu
Phone : + 352 26 10 39 96
Fax: + 352 26 10 39 97
Mobile: +352 621 20 82 94