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By Melody BRUNOT, Counsel, Corporate Gersende MASFAYON, Senior Associate, Corporate, DLA Piper Luxembourg
Although the Luxembourg law of 10 August 1915 on commercial companies (the 1915 Law) grants certain rights to minority shareholders(1), the number of legal safeguards remains limited. However, a company and its shareholders remain free to contractually agree on specific rights that may be granted to the latter. Shareholders’ agreements are a central governance agreement in joint venture companies by which shareholders will notably agree on the way the company should be managed and will allocate its profits as well as on the way that shares may be transferred and potential shareholders’ conflicts shall be solved. It is also a key document whereby...
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