LexGo

Law clarifying and confirming the non-applicability of the financial assistance
17/08/2021

Law clarifying and confirming the non-applicability of the financial assistance prohibition set out in the Luxembourg Companies Act to private limited-liability companies enters into force on 16 August

The long-awaited amendment of Article 1500-7 of the Companies Act, clarifying that the financial assistance prohibition does not apply to Luxembourg private limited-liability companies (sociétés à responsabilité limitée), enters into force on 16 August 2021 (see also our newsflash of 19 March 2021). 

The financial assistance prohibition applies to Luxembourg public limited-liability companies (sociétés anonymes). Article 430-19 of the Companies Act provides that such companies may not, directly or indirectly, advance funds, extend loans or provide security with a view to the acquisition of their own shares by a third party. Furthermore, Article 1500-7 of the Companies Act provides that penalties, including a prison term and/or fine, may be imposed on any person who, in his or her capacity as a director, auditor (commissaire), manager (gérant) or member of the supervisory board of a company, knowingly lends or advances company funds or provides security with a view to the acquisition of the company’s own shares or a pledge of the company's shares. 

The former wording of Article 1500-7 of the Companies Act also referred to “units”, which gave rise to some uncertainty as to whether the financial assistance prohibition set out in Article 430-19 also applied to private limited-liability companies. 

The amendment of Article 1500-7 has now put an end to this uncertainty.

Zie ook : Nautadutilh Avocats Luxembourg Sàrl

[+ http://www.nautadutilh.com]


Click here to see the ad(s)
Alle artikels Financieel recht

Laatste artikels Financieel recht

Draft report on the Commission’s proposal to amend the AIFMD: key changes
24/05/2022

On 16 May 2022, the draft report on the proposal for a directive of the European Parliament and of the Council a...

Read more

CSSF Circular 22/811 - Authorisation and Organisation of Entities Acting as UCI Administrators
19/05/2022

On 16 May 2022, the Luxembourg financial regulator (the "CSSF") released Circular 22/811 on the authorisation an...

Read more

CSSF Circular 22/810 - Pre-marketing and Cross-border Marketing Notification Procedures
18/05/2022

On 12 May 2022, the CSSF published Circular 22/810 on the procedures to be followed by Luxembourg-based undertakings for c...

Read more

New CSSF Circular on UCI Administrators
17/05/2022

The Commission de Surveillance du Secteur Financier issued a circular regarding the authorisation and organisation of enti...

Read more

LexGO Network