dla piper in luxembourg/media/files/other/2019/a01366...5 5 our global presence dla piper is one of...
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DLA Piper in LuxembourgGLOBALLY CONNECTED
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DLA PIPER IN LUXEMBOURG
Contents
Welcome to DLA Piper in Luxembourg
About Luxembourg
Our Global Presence
Our Services
Key Contacts
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Welcome to DLA Piper in Luxembourg
Our growing Luxembourg team is perfectly positioned to advise international clients looking to take advantage of the broad range of Luxembourg structuring and financing options. The team provides practical and innovative advice regarding investment funds and their regulatory implications, corporate mergers & acquisitions, banking, finance, real estate and tax.
What sets DLA Piper apart is our global network of over 40 countries and our ability to build bridges across countries and practices and work in a collaborative manner. Our teams regularly work on cross border transactions and are able to manage the complete legal needs of an investment lifecycle. We are multi-lingual, culturally sensitive and never lose sight of your commercial objectives.
Quality is not something we are complacent about. We are constantly driving our teams to
deliver advice in a way that exceeds your expectations. You will be dealing with some of the best people in the legal business, comfortable on a local and global platform. We also have the sector experience you demand, which means the answers we deliver are relevant, practical and sector focussed, directed at getting you results in the real world.
DLA Piper recognises the growing significance of Luxembourg legal structures and our presence here is vital to the firm’s strategy. So whether you are looking to structure and finance an investment through Luxembourg, set up and manage an investment fund or need advice on a transaction, we can help.
Catherine PogorzelskiCountry Managing PartnerLuxembourg
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About LuxembourgLocated in the heart of Europe, Luxembourg is a particularly favourable location for multinationals and investors investing in worldwide.
• Premier private banking centre in the Eurozone
• World’s second largest investment fund domicile
• State-of-the-art legal and regulatory framework
• Leader in investor protection
• Strategic location for banks, insurance companies and investment funds
• Multi-lingual and multi-cultural hub perfectly positioned for investing in Europe and around the world
• Favourable tax structuring frameworks
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Our Global PresenceDLA Piper is one of the world’s largest law firms, with a direct presence in Europe, Africa, Asia Pacific, the Middle East and the Americas. In jurisdictions where we do not have our own offices, we have DLA Piper Relationship firms.
‘Our seamless cross-border service simplifies your work and, whenever possible, creates business opportunities for you.’
* Cooperation firms
AMERICAS AFRICA ASIA PACIFICAbu DhabiAl KhobarDohaDubaiJeddah Kuwait CityManamaMuscatRiyadh
MIDDLE EASTAlgiersAddis AbabaAccraBujumburaCasablancaDakarDar es SalaamHarareJohannesburgGaboroneKampalaKigaliLagosLuandaLusakaMaputoMwanzaNairobiPort LouisTunisWindhoekZanzibar
AucklandBangkokBeijingBrisbaneHong KongMelbournePerthSeoulShanghaiSingaporeSydneyTokyoWellington
MadridManchesterMilanMoscowMunichOsloParisPragueRomeSheffieldSt. PetersburgStockholmViennaWarsaw
AarhusAmsterdamAntwerpBirminghamBratislavaBrusselsBucharestBudapestCologneCopenhagenDublinEdinburghFrankfurtHamburgHelsinkiKyivLeedsLisbonLiverpoolLondonLuxembourg
PhiladelphiaPhoenixRaleighRio de Janeiro*SacramentoSan DiegoSan FranciscoSan JuanSantiagoSão Paulo*SeattleShort HillsSilicon ValleyTorontoVancouverWashington, DCWilmingtonYellowknife
AlbanyAtlantaAtlantic City AustinBaltimoreBogotaBostonBuenos AiresCalgaryChicagoDallasEdmontonHoustonLimaLos AngelesMexico CityMiamiMinneapolisMontrealNew YorkNorthern Virginia
EUROPE
Cooperation firm
DLA Piper presence
Luxembourg City
Luxembourg
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Our Services
Global #1 for M&A transactions
for the ninth consecutive year.
(MERGERMARKET)
Corporate - M&AWe are widely recognised as a global leader in the market, consistently executing more deals globally than our competitors. Our #1 ranking for the ninth consecutive year (mergermarket) global reflects our involvement in nearly 450 transactions worldwide and confirms the strength of our global team, a figure unrivalled by any other law firm. Through executing this volume of transactions we are able to deliver high quality commercial advice to our clients who benefit from the efficiencies derived from our experience.
Our Corporate team offers comprehensive legal services
across the full spectrum of corporate transactions to leading multinational corporations, major commercial companies, ambitious domestic entrepreneurs and smaller businesses. Our involvement in numerous complex transactions has allowed our lawyers to develop extensive experience in all key areas of corporate law.
We also work closely with colleagues experienced in other areas of company law, such as tax and employment, to ensure all aspects are taken care of and frequently advise creditors and financially troubled entities in relation to insolvency, bankruptcy and (forced) reorganisation proceedings.
We provide ongoing advice to our clients’ in-house legal teams on general company law matters and all corporate law issues that affect day-to-day operations. The scope of this service includes advising companies and their directors and officers across the range of corporate governance, fiduciary duties, compliance and director and officer liability issues.
Private Equity & Real Estate Benefitting from a flexible tax and legal environment Luxembourg has been a key player in the Private Equity and Real Estate industry for more than 20 years.
Our Luxembourg private equity and real estate team assists private equity houses, sponsors, management teams, financial
institutions, real estate funds and private/institutional in cross-border private equity and real estate transactions. Our experience is deep and varied and covers all aspects of private equity and real estate investments cycles. We are able to deliver in a timely manner high quality advice to our clients who benefit from the efficiencies derived from our experience.
We understand how important it is to mirror the depth of sector experience displayed in the private equity and real estate industry and our teams cultivate a strong sector-driven approach across all practice areas, enabling us to provide legal solutions from lawyers who understand the issues and challenges facing you and your business.
WE ADVISE PUBLIC AND PRIVATE COMPANIES ON:• Domestic M&A
• Cross-border M&A
• Complex multijurisdictional corporate restructurings
• Spin outs
• Tender & exchange offers
• Private transactions
• Sales of subsidiaries
• Divisions and assets deals
• Joint ventures
• Strategic alliances
• Recapitalisations
• Liquidations
• Equity Capital Markets
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Investment FundsOur Investment Funds team combines excellent technical knowledge with a pragmatic approach and legal advice in relation to a wide range of Luxembourg structuring options. Our experience and expertise includes both regulated and unregulated vehicles and extends to both conventional and alternative strategies such as private equity, real estate, infrastructure, hedge fund and traditional strategies. This also includes start-up funds, expansion capital funds, development and turn-around funds or buy-out funds.
The Investment Funds team helps identify the most appropriate solution within the Luxembourg toolbox, and accompanying our clients during all stages of their project. This includes legal advice relating to compliance with regulatory requirements and the conducting of all approval procedures with the financial authorities. It also extends to transactional work such as the acquisition and financing of portfolio investments, the implementation of carried interest schemes, executive compensation and ownership schemes as well as advice on fundraising.
We also assist our clients on a regular basis with respect to any contractual relationships, be it between investment vehicles and their services providers (e.g. depositary, prime broker, investment manager, investment advisor, administration agent) or in the context of the implementation of complex investment strategies, including specific derivatives transactions, securities lending or collateral-related topics.
THE CORE SERVICES OF OUR INVESTMENT FUNDS TEAM INCLUDE:• Structuring, establishment
and marketing of Luxembourg investment funds of all types
• Structuring and setting up of Luxembourg AiFMs and asset management entities
• Assisting management team on the structuring of carry and fee arrangements
• Review, drafting and/or negotiation of contractual relationships of all kinds
• Advising on regulatory processes with the finantcial authorities
• Registration of Luxembourg funds in other jurisdictions and registration of foreign funds in Luxembourg
• Review and negotiation of investor positions in new or existing funds
• Resolution of disputes between managers and their service providers, and between managerw and investors (from either perspective)
‘Practical and innovative advice.’
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COUNTRY / CITY / PRACTICEDLA PIPER IN LUXEMBOURG
Banking, Finance & RegulatoryOur Banking, Finance and Regulatory team provides advice on all aspects of financing across a broad range of sectors supporting our clients in advancing their strategies today to grow their business tomorrow. Our team has expertise in Asset and Project Finance, Acquisition Finance, Real Estate Finance, Structured Finance, Distressed Debt Acquisition, Trade and Commodity Finance, Debt Capital Markets, Securitisation and Restructuring.
We have extensive experience acting for a diversity of clients, including banks and arrangers, lenders, alternative credit providers,
venture capitalists, corporates, issuers, real estate funds, private equity houses, project developers, insurers, vendors, government entities, airlines, ship-owners, train operating companies, lessors and manufacturers on cross-border and national finance transactions.
We also provide assistance in connection with regulatory matters, including financial sector actors and investment management related financial services. We specifically assist on all legal aspects impacting AIFM, fund management entities and their service providers, including fund and investment management operator structuring, regulatory compliance and on-going activities and in relation to the
registration of Luxembourg funds in other jurisdictions as well as the registration of foreign funds in Luxembourg.
Our team is on hand to ensure the protection of assets when issues arise and is proud to have acted in many multi-jurisdictional ground-breaking deals involving finance and restructuring work.
TaxWe have a client-tailored approach to developing tax structures that are robust and enabling our clients to achieve their commercial objectives in a cost-effective manner.
We offer tax expertise and support in corporate financing, holding and financing structures, M&A transactions, fund structuring, venture capital, private equity vehicles, securitization and real estate investments.
We advise clients including private equity and hedge funds, major multinational corporations, large pension funds, investment and commercial banks and family offices on their tax planning. If our clients are not domiciled in Luxembourg, we work closely with our colleagues in jurisdictions across the world to provide seamless cross-border advice.
Multinational companies increasingly recognize the importance of proactively
managing transfer pricing to limit related tax risks and take advantage of planning opportunities.
We also provide our clients with a full range of services with respect to their FATCA and CRS compliance including but not limited to FATCA/CRS classification filling self-certification forms or other forms, reporting to the Luxembourg tax authorities and IRS.
OUR GLOBAL APPROACH TO PROJECT MANAGEMENT ENABLES YOU TO WORK WITH ONE TRANSFER PRICING ADVISOR WORLDWIDE, GIVING YOU THE FOLLOWING BENEFITS:• Consistent advice in developing
and implementing a practical global transfer pricing policy,
as well as supporting and defending the policy in any jurisdiction
• Reduction in time needed to learn about your business, gather pertinent information, draft intercompany agreements and produce reports
• A global project management methodology that enables one project partner to manage communication, deliverables and invoicing on a fully integrated basis.
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‘In Luxembourg, our lawyers have a wealth of local knowledge and are connected to the DLA Piper offices around the world where our clients frequently look to invest.’
Intellectual Property & TechnologyOur Intellectual Property & Technology team in Luxembourg is part of DLA Piper’s global Intellectual Property & Technology group. We have one of the largest IP&T practices in the world, comprising nearly 400 lawyers.
Our team is very active in Luxembourg associations working groups regarding FinTechs or GDPR, allowing the team to be at the forefront of the latest information in these fields.
Our team has expertise in data protection, intellectual property, outsourcing, IT contracts, telecommunications, e-commerce and IT litigation.
Digital Technology is at the heart of the Luxembourg economy. Luxembourg is a globally recognized center of excellence for ICT and positions itself as a trusted data hub in Europe.
Luxembourg is an excellent location which offers many opportunities for startups, SMEs and large enterprises alike.
Through collaboration with DLA Piper’s network, we provide sophisticated and highly practical advice for clients wherever they do business.
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‘We coordinate our work closely with you from the outset to establish a strong working relationship.’
Key ContactsLaurent Massinon Partner – Finance+352 26 29 04 [email protected]
Ambroise FoersterCounsel – Corporate+352 26 29 04 20 [email protected]
Eugène Tchen Of Counsel+352 26 29 04 [email protected]
Jacques WantzPartner – Tax+352 26 29 04 [email protected]
David Alexandre Senior Associate –Intellectual Property and Technology+35 26 29 04 2614 [email protected]
Aleksandra RychelSenior Associate – Investment Funds+352 26 29 04 [email protected]
Dr. Marcel BartnikCounsel – Investment Funds+352 26 29 04 [email protected]
Xavier GuzmanPartner – Finance+352 26 29 04 [email protected]
Olivier ReischPartner – Intellectual Property and Technology+352 29 29 04 [email protected]
Catherine Pogorzelski Partner – Corporate+352 26 29 04 2053 [email protected]
Nicolas MarchandCounsel – Corporate+352 26 29 04 [email protected]
Corinna Schumacher Senior Associate – Investment Funds+352 26 29 04 [email protected]
Gersende MasfayonSenior Associate – Corporate+352 26 29 04 [email protected]
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DLA PIPER LUXEMBOURG37A Avenue John F. KennedyL-1855 LuxembourgLuxembourg
DLA Piper is a global law firm operating through various separate and distinct legal entities. Further details of these entities can be found at www.dlapiper.com.This publication is intended as a general overview and discussion of the subjects dealt with, and does not create a lawyer-client relationship. It is not intended to be, and should not be used as, a substitute for taking legal advice in any specific situation. DLA Piper will accept no responsibility for any actions taken or not taken on the basis of this publication. This may qualify as “Lawyer Advertising” requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome.Copyright © 2019 DLA Piper. All rights reserved. | JUN19 | A01166