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01 December 2020

RJ GAITO Transaction and Regulatory News

News

Data Protection and Cyber Update - September 2020

Sep 01 2020
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The Court of Justice of the European Union (CJEU) on July 16, 2020, delivered its latest judgment in Max Schrems’ case against Facebook Ireland Ltd. and Data Protection Commissioner (Ireland) (Max Schrems II). In a landmark decision, the CJEU struck down the European Union United States of America (EU-US) Privacy Shield scheme as a mechanism allowing US commercial companies to transfer and store EU personal data in the US...

Litigation Speed Read – RJ Gaito secures an important Luxembourg Court of Appeal judgment

May 07 2020
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Our client, a leader in the software industry, recently prevailed in the Luxembourg Court of Appeal and received a favorable judgment that tacitly reconfirms a Supreme Court judgment (“Cour de Cassation”) of January 24, 2020. The judgment is of particular importance since it touches upon the essential elements of Luxembourg commerce and contract law and we were gratified that the Luxembourg Court of Appeal followed our reasoning.

COVID-19/ Restructuring & Insolvency Risks - The Luxembourg Perspective

Apr 03 2020
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General guiding princiles for restructuring

  • In the face of financial difficulties or liquidity risk, react promptly without delay in order to ascertain if one could qualify for one of the Luxembourg bankruptcy protection mechanisms:
    • A Scheme Of Composition (concordat préventif de faillite). A protective measure that enables companies in financial difficulty to come to an arrangement with their creditors and to avoid being declared insolvent.

      The scheme of composition must be accepted/approved by the court and the creditors.
       
    • Suspension Of Payments. Enables a company to deal with temporary financial difficulties by authorising it to suspend its payments to creditors for a given period of time.
    • ...

Data Protection and Cyber Update

Feb 17 2020
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Data Protection is now in full swing and has extensive extraterritorial effects outside the EU. It is a complex matter which we want to highlight and which we wish to reiterate in this update.

Luxembourg introduces a register of ultimate beneficial ownership

Mar 04 2019
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On 13 January 2019 – with the 4th 'AML Directive' of May 2015 (the AML Directive), Luxembourg introduced a Register of Beneficial Owner ('RBO') (a.k.a Registre des Bénéficiaires Effectifs).

The law of 13 January, 2019 (the 'Law'), published on 15 January 2019, established the RBO thereby transposing article 30 of the AML Directive.

AML in the context of international transactions

Jul 15 2018
102
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The Luxembourg prevention of money laundering and terrorist financing is embodied in the Law of 12 November 2004 and recently amended by the Law of 13 February 2018 (the 'AML Law'). The AML Law firmly reinforces the requirements of inter alia, financial institutions and a variety of service providers such as lawyers, trust service providers, auditors and accountants to identify the beneficial owners of their customers. This is often referred to as 'Know-Your-Customer' ('KYC') and also requires such service providers to make a risk assessment of money-laundering and fund originations now often referred to in the banking industry as 'Know-Your-Transaction' ('KYT').

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