Cross-border restructuring: Options available in Luxembourg for international holding structures

It goes without saying that the past few years have been quite unique. The ongoing uncertainty across the financial markets has unavoidably led to a spectacular level of bankruptcy, insolvency and restructuring cases across most jurisdictions. Luxembourg has also been affected particularly by the collapse of major financial conglomerates with subsidiaries in Luxembourg such as Kaupthing, Glitnir, Landsbanki and Lehman Brothers, which collectively have led to many complex cases for the legal and financial communities. In today’s global business environment, most insolvency or restructuring situations now affect more than one location and various options exist for groups facing such challenges. In Luxembourg, the use of the jurisdiction’s investment vehicles for restructuring and turnaround purposes has proven both popular and effective for international groups of commercial companies. The following article outlines the options available for international holding structures, and analyses the commonly used two-tier structure where a Luxembourg company (Luxco) is the holding structure of a group facing financial difficulties.