The provisions of the long awaited act of 27 February 2018 (the 2018 Act) which aim at smoothing (especially in the context of outsourcing arrangements) the professional secrecy regime that credit institutions, professionals...more
The Luxembourg Parliament has now finally adopted bill n° 71281, which implements most of the provisions of the Directive (EU) 2015/849, the so-called 4th anti-money laundering directive (AMLD IV), into Luxembourg law. The...more
At the time we released our last e-alert on the bill of law n°7024 aiming, among others, at amending article 41 of the Luxembourg act of 5 April 1993 on the financial sector, as amended (the Banking Act 1993) on professional...more
Since our last e-alert on the bill of law n°7024 (the Bill of Law 7024), aimed, among others, at amending article 41 of the Luxembourg act of 5 April 1993 on the financial sector, as amended (the Banking Act 1993), which...more
On 31 August 2016, we issued an e-alert on the bill of law n°7024 (the Bill of Law 7024), aimed, among others, at amending article 41 of the Luxembourg act of 5 April 1993 on the financial sector, as amended (the Banking Act...more
By a decision held on 25 January 2017 (C-375/15), the Court of Justice of the European Union (CJEU) clarified the question of information (in electronic format) that payment service providers (such as banks) convey to their...more
From 18 January 2017, the courts in the EU Member States will apply Regulation (EC) No 655/2014 (the EAPO Regulation) establishing a European account preservation order (EAPO), which will represent a new (and potentially...more
Standing in between provisions implementing the Multi-Interchange Regulation and other reformatting and errata regarding various Luxembourg laws of the financial sector, article 14 of the bill of law n°7024 (the Bill of Law...more
The Luxembourg Supreme Court has ruled on a bank’s obligations when taking a personal guarantee (cautionnement) from an individual to secure a loan of a third-party debtor. The ruling follows the current trend for a clear...more
Decision of the 15th Chamber of the District Court of Luxembourg, n°1648/2015, 23 December 2015 (appeal ongoing) -
The Luxembourg District Court ruled that, from a company law perspective, Convertible Preferred Equity...more