Post by Sapphire Capital on Dec 11, 2009 8:30:25 GMT 4
Luxembourg Company Law - A Total Overhaul
André Prüm
Universite du Luxembourg
June 15, 2009
University of Luxembourg Law Working Paper No. 2009-07
Abstract:
After many years of reacting only to new European directives, Luxembourg company law is undergoing major reforms. The present contribution aims first to analyse the modernization already undertaken through the laws adopted in 2006 on takeovers and on the European company and in 2007 on mergers and divisions, partial asset contributions, transfers of all assets and liabilities or branches of activities and on companies managing family assets. It proposes secondly to examine the bill foreseeing a global reform of the Act on commercial companies currently discussed in Parliament. The recent amendments and those under discussion are both evaluated on the basis of the founding principles of Luxembourg company law: contractual freedom for partners at the same time as a high level of protection for third parties.
papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1419934_code1156257.pdf?abstractid=1419934&mirid=3
André Prüm
Universite du Luxembourg
June 15, 2009
University of Luxembourg Law Working Paper No. 2009-07
Abstract:
After many years of reacting only to new European directives, Luxembourg company law is undergoing major reforms. The present contribution aims first to analyse the modernization already undertaken through the laws adopted in 2006 on takeovers and on the European company and in 2007 on mergers and divisions, partial asset contributions, transfers of all assets and liabilities or branches of activities and on companies managing family assets. It proposes secondly to examine the bill foreseeing a global reform of the Act on commercial companies currently discussed in Parliament. The recent amendments and those under discussion are both evaluated on the basis of the founding principles of Luxembourg company law: contractual freedom for partners at the same time as a high level of protection for third parties.
papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1419934_code1156257.pdf?abstractid=1419934&mirid=3