Liquidation vs. dissolution: advantages and disadvantages

Introduction A liquidation is a procedure whereby a company concludes its existence, and sees its assets distributed to its beneficiaries after these assets have been converted into cash, if possible. It is possible to carry out a voluntary liquidation of a company, also known as a standard liquidation, without the company being insolvent. A second …

KNOW YOUR TRANSACTIONS or KYT

By Me Nirina LARAVINE-MATTHE and Céline UMBDENSTOCK The 4th European Anti-Money Laundering Directive (EU) n°2015/849, aims to combat money laundering and the financing of terrorism, has strengthened the rules on customer identification and improved awareness of money laundering and financing of terrorism, in particular by advocating a risk-based approach, as part of the so-called “KYC” …

Register of shareholders of a Luxembourg company

Every Luxembourg company must establish and keep up to date a shareholders’ register which is part of the company’s corporate records kept at the company’s registered office and central place of management. The amended Law of 10 August 1915 on commercial companies (the “Company Law”) does not foresee a specific form how a shareholders’ register …

Data transfers to the Republic of Korea: made easier soon?

On March 30, 2021, the European Commission announced—along with the South Korean data protection authority—the positive conclusion of talks on negotiations on a future adequacy decision between the EU and the Republic of Korea. According to the Commission, “[…] the adequacy dialogue confirmed the high degree of convergence between the European Union and the Republic …

Schrems II : What impact for data transfers to the United States ?

On July 16, 2020, the Court of Justice of the European Union (“CJEU”) declared the Privacy Shield null and void on the grounds that this text “does not grant Europeans actionable rights of recourse before the courts against the American authorities” in a landmark decision—Data Protection Commissioner v Facebook Ireland Ltd and Maximillian Schrems (C-311/18)—better …

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