D’Empaire Reyna: German Desk

  D’EMPAIREHerr Rechtsanwalt Arnoldo TroconisPlaza La Castellana,Edif. Bancaracas, PHCaracas 1060, VenezuelaTel. +582122646244Fax. [email protected]/en/ ​D’Empaire ist eine unabhängige venezolanische Rechtsanwaltskanzlei die im Jahr 1972 zur Beratung von Unternehmen und Finanzinstituten gegründet wurde. Heutzutage ist Firma mit Sitz in Caracas eine der führenden Kanzleien in Venezuela und bietet Dienstleistungen in allen Bereichen des Rechts an. Der Mandantenkreis […]

What sources of law do you navigate in order to address questions of director and officer liability, and what trends do you see among the regulatory agencies and courts that supervise these issues?

In Luxembourg, the main legal sources in matters of director and officer liabilities are the law of 10 August 1915 on commercial companies, the law of 19 December 2002 concerning the commercial and companies register and the accounting and annual accounts of companies and the Commercial and Civil Codes, as primary general references. Companies active […]

Benoît DuvieusartPartner, duvieusart ebel, avocats associés

Top three things to consider in Luxembourg with regard to director liabilities / reporting to the board

01. Independent directors are a must within boards of directors in the financial sector in Luxembourg. For some years now, more and more companies have appointed Luxembourg resident independent directors to ensure a permanent local representation on the board. This allow a better interconnection between them and the local service providers and public authorities, and […]

Benoît DuvieusartPartner, duvieusart ebel, avocats associés

What governance mechanisms should General Counsel look to establish between the board and C-level executives in order to best manage officer reporting and liability – particularly in areas such as risk management, cybersecurity, and technology?

Among the many responsibilities of General Counsels (in the US) or Company Secretaries (in Europe), there are several that stand out. Firstly, ensuring everybody is duly informed and trained on new regulation applicable to their functions, as well as on the internal code of governance adopted by the Board of Directors. Secondly ensuring that the […]

Benoît DuvieusartPartner, duvieusart ebel, avocats associés

Breach of the shareholders’ Agreement

Shareholder’s agreements use to recognize the right of separation between partner and the company or the exclusion of the partner from the company. Then, how to implement the termination from the corporate relationship? 1. The right of separation A right of partners, including partners without the right to vote (article 346 LSC and LME),to disassociate. […]

Givner & Kaye joins IR as the exclusive Tax (Law) member in California

IR Global, the world’s largest exclusive network of advisory firms is delighted to introduce Bruce Givner of Givner & Kaye. Bruce has joined IR as our exclusive Tax (Law) member in California.  Mr. Givner has been practicing tax law for almost four decades concentrating on income tax planning, estate tax planning, sophisticated retirement plans, asset protection planning, […]

Initial Coin Offerings (ICOs) and Decentralised Autonomous Organisation (DAO) are new forms of entity that use cryptocurrencies and exploit Blockchain technology. Have you seen this in your jurisdiction, and what are your thoughts from a legal perspective

The Commission de Surveillance du Secteur Financier has very recently endorsed the position of the European Securities and Markets Authority (ESMA) regarding ICOs and the related risks for investors entering that non-regulated world. Today, organisations that intend to launch an ICO in Luxembourg should self-assess whether they fall outside the scope of the regulation applicable […]

Benoît DuvieusartPartner, duvieusart ebel, avocats associés