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Insolvency & Restructuring

Whether you are a business executive or a buyer, you may be required to carry out a profound reorganization of your company or one of its entities to improve performance or to ensure its solvency. To ensure a successful outcome, it is key to take into account all the legal aspects from the outset, both related to the transaction and to the economic sector involved.

Working with our lawyers, you will benefit from experience gained over many years in various economic contexts and in all industry sectors. We can assist you particularly with regard to safety precautions in the event of liquidation, recovery, transfer, etc., obtaining ailing company status, with the conclusion of shareholder agreements or in the management of litigation related to these specific situations. When the situation requires a very specific expertise, such as employment or tax law, we will work in tandem with other CMS teams.


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09/04/2024
The sum of parts: Registered design for segments of towers found valid...
BackgroundTA Towers ApS (“TA Towers”), a company based in Denmark, is the holder of the below registered Community design relating to goods for building materials, specifically, ‘building materials...
Law-Now Insolvency & Restructuring
23/02/2024
The CBAM – what is it and how will it affect the market?
Regulation (EU) 2023/956 establishing a carbon border adjustment mechanism (CBAM) entered into force on 17 May 2023. The implementation of the CBAM has been divided into a transitional period (from 1...
Law-Now Carbon Border Adjustment Mechanism (CBAM)
08/02/2024
The future of avoidance actions in Luxembourg: the potential impact of...
While there is a certain alignment between the proposed EU Directive on harmonisation of insolvency law and Luxembourg law, Luxembourg legislation will a priori need to be amended on several key points...
Law-Now Insolvency & Restructuring
19/01/2024
CBAM: Just over a week to comply
As the deadline for the first Carbon Border Adjustment Mechanism (CBAM) report approaches on January 31st, it is crucial for undertakings engaged in importing relevant goods into the European Union to...
Law-Now Carbon Border Adjustment Mechanism (CBAM)
10/01/2024
Harmonisation of insolvency avoidance in Europe
This article continues our Law-Now series "Harmonisation of Insolvency Laws in the EU" in which we provide an overview of the articles addressing insolvency avoidance actions of the draft EU directive.As...
Law-Now Insolvency & Restructuring
01/12/2023
CMS Luxembourg Advent Calendar 2023
We are thrilled to unveil our #CMSLux­Ad­vent­Cal­en­dar23, featuring 24 essential legal insights for 2023 that will shape the legal landscape in 2024. Immerse yourself in the discovery of crucial new regulations right up to Christmas, and get ready to be informed about the major legal developments that will shape our year ahead. Stay tuned for our daily advent reveals starting!
Publication
31/08/2023
Pre-Pack reorganisation in Serbia and Montenegro: An overview
In response to the proposal by the EU Commission on 7 December 2022 that an EU Directive be issued to harmonise certain aspects of insolvency law, this article provides a look into one of the main topics...
Law-Now Insolvency & Restructuring
31/08/2023
Pre-Pack reorganisation in Bosnia and Herzegovina: An overview
In response to the proposal by the EU Commission on 7 December 2022 that an EU Directive be issued to harmonise certain aspects of insolvency law, this article provides a look into one of the main topics...
Law-Now Insolvency & Restructuring
21/07/2023
Luxembourg restructuring and insolvency law finally modernised
Introduced ten years ago as a response to the 2008 financial crisis, the bill of law on the preservation of undertakings and the modernisation of bankruptcy law (the “Bill of Law”) was finally adopted...
Law-Now Corporate - M&A
06/07/2023
The future of pre-pack sales in Luxembourg
On 7 December 2022, the EU Commission issued a proposal for a directive harmonising certain aspects of insolvency law (the Draft Directive). One key aspect of this Draft Directive is the regulation of...
Law-Now Corporate - M&A
06/07/2023
Proposal for European rules on pre-pack proceedings should be supported
On 7 December 2022, the European Commission published the Proposal for a Directive of the European Parliament and of the Council harmonising certain aspects of insolvency law. This Proposal is intended...
Law-Now Corporate - M&A
06/07/2023
Pre-pack proceedings under Belgian law: is this a fresh start?
Belgium is finally about to transpose Directive 2019/2023 on preventive restructuring frameworks and regulated pre-pack proceedings are now ac­cess­ible.European and Belgian legislative de­vel­op­mentsIn­solv­ency...
Law-Now Corporate - M&A
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