Fieldfisher Luxembourg

Regus Kirchberg City Centre
2nd Floor
26-28 Rue Edward Steichen
2540

The Luxembourg office focuses on finance and regulatory compliance, corporate and funds.  As new technologies and RegTech disrupt the financial sector, there is the need for a new approach to legal and regulatory assistance.

Fieldfisher addresses these challenges, advising clients in finance and technology.


 

 

Download: Contractual subordination in the grand duchy of Luxembourg.

First published in Butterworths Journal of International Banking and Financial Law, in this article, Richard Ledain Santiago, Benjamin Devouassoux and Theodoros Karantanos of the corporate and finance team at Fieldfisher Luxembourg, consider the validity of contractual subordination in Luxembourg, noting its gradual acceptance by the Luxembourg courts, its empirical development and impact on third parties.

Key points:

  • The Grand Duchy of Luxembourg has yet to statutorily recognise the concept of contractual subordination.
  • That said, contractual subordination is and remains a fairly common mechanism which is used more frequently than not, even in financings originating from Luxembourg and implemented via Luxembourg law-governed documentation.
  • The authors submit that it is time for contractual subordination to be acknowledged by the Luxembourg legislator.

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