MOYAL & SIMON is an independent Luxembourg law firm that has matured into an established key firm in Luxembourg since its foundation. We pride ourselves in combining the quality and expertise of the leading commercial law firms while delivering individually-tailored services adapted to the specific needs of our clients. The firm is made up of a well-coordinated team of multi-lingual lawyers and jurists, with international backgrounds and broad legal experience in Luxembourg and wider Europe. M&S caters a full range of clients, from individuals to multinational companies, from start-up companies and private business persons to reputable stock corporations. M&S’s formidable services have been recognized in the legal community, both recommended by the Legal 500 for M&A and Corporate law as well as having won the practice award for Best Corporate Law Firm of the Year from Global Law Experts in 2013.
We provide advice on all aspects of corporate law in connection with the buying, selling and restructuring of companies as well as their daily operation. This includes the legislation in respect of limited companies and private companies and the special circumstances concerning partnerships, limited partnerships and other types of companies. The major part of the Luxembourg business sector consists of companies. We have substantial expertise in all areas of corporate law and advise both large groups of companies listed on the stock exchange and companies owned by individuals. In the initial stages, we advise our clients on choosing corporate form, setting up group structures and the formation of companies. In this context, we advise a number of start-up companies in IT and other growth areas. Additionally we have substantial experience in providing consultancy services focused on establishing foreign companies in Luxembourg. When it comes to the formation of companies or attracting investors, we draw up the necessary shareholders' agreements. We provide advice on setting up all types of associations, including joint ventures, consortia etc. Furthermore, we advise on incentive programmes that can include share options, warrants, preferred shares and other employee incentives. Finally, we have assisted a number of leading companies of this country from formation to flotation. Attorneys from M&S are often appointed to the board of companies, from small start-up companies, family companies, group of companies, subsidiaries of foreign companies to boards of international companies based in Luxembourg.
Since its foundation, M&S has specialised in litigation and we currently regularly manage important cases on behalf of the corporate sector. Our skills in the area are wide-ranging; from litigation in specialist areas such as shareholder disputes, employment law, intellectual property rights, construction law, and family law to legal actions in the somewhat more conventional area of contract law, including any type of mergers and acquisitions. Our success in the area, which has indeed been the basis of our business, is to be found in our philosophy that highly specialised litigators and dedicated commitment are required to conduct and win cases for one's clients. We have a clear and simple goal in mind when faced with any case we receive. That is to win. It is what we do best and when considering our experience and feedback from our clients, it is what we do well. Accordingly, we have acquired unique knowledge in all aspects of litigation and we are proud to say that we have extensive experience acting before all the courts in Luxembourg as well as detailed knowledge of all procedural rules that govern such cases.
It is important for an employer to be aware of the restrictions that apply to his or her position in an employment relationship. Matters have not become any less stringent due to the increasing regulation of the legal relationship between the employer and employee that has taken place. M&S' labour and employment law departments provide advice on all aspects of these fields. We provide our clients with specialist advice, focusing on providing solution-oriented answers that enable our clients to act quickly, efficiently and with legal conformity when faced with big or small challenges. We provide legal services to Luxembourg and international businesses in particular, but we also provide legal services to public authorities, institutions and individuals, including managers and executives especially. **Flexible Types of Employment** Not only do we possess vast experience in providing advice on traditional employment issues between employer and employee, we also advise on the more flexible types of employment that have evolved as the need for flexibility has increased. Some examples are fixed-term employment, part-time employment, secondment/hiring-out of employees, consultancy issues and teleworking issues. **Advice at Several Levels** Not only do we provide advice that in accordance with the legal requirements, we also include aspects such as staff policy as well as the human and commercial aspects required for a comprehensive and expedient solution. We know that the advice which we are providing our clients with will usually have a profound effect on the parties involved. We are always mindful of the fact that said parties will often have to continue working together after the legal issue has been resolved. **A Great Supplement to our Advice** We share our knowledge and keep our clients up to date with the latest developments in labour and employment law by monthly electronic newsletters that describe recent judgments, new legislation or current issues and by holding seminars where we discuss one or several issues in depth. **International Collaborations** We work closely with a number of foreign law firms and participate in a number of international networks. By doing so and thereby cultivating our relationships with foreign collaborators, we acquire useful knowledge of what is happening on an international level. We know from experience that this will subsequently influence the Luxembourg labour market. Another valuable consequence of our international collaboration is how we are always able to quickly procure relevant foreign specialist assistance to our clients when required.
It is important for an employer to be aware of the restrictions that apply to his or her position in an employment relationship. Matters have not become any less stringent due to the increasing regulation of the legal relationship between the employer and employee that has taken place. M&S' labour and employment law departments provide advice on all aspects of these fields. We provide our clients with specialist advice, focusing on providing solution-oriented answers that enable our clients to act quickly, efficiently and with legal conformity when faced with big or small challenges. We provide legal services to Luxembourg and international businesses in particular, but we also provide legal services to public authorities, institutions and individuals, including managers and executives especially. **Flexible Types of Employment** Not only do we possess vast experience in providing advice on traditional employment issues between employer and employee, we also advise on the more flexible types of employment that have evolved as the need for flexibility has increased. Some examples are fixed-term employment, part-time employment, secondment/hiring-out of employees, consultancy issues and teleworking issues. **Advice at Several Levels** Not only do we provide advice that in accordance with the legal requirements, we also include aspects such as staff policy as well as the human and commercial aspects required for a comprehensive and expedient solution. We know that the advice which we are providing our clients with will usually have a profound effect on the parties involved. We are always mindful of the fact that said parties will often have to continue working together after the legal issue has been resolved. **A Great Supplement to our Advice** We share our knowledge and keep our clients up to date with the latest developments in labour and employment law by monthly electronic newsletters that describe recent judgments, new legislation or current issues and by holding seminars where we discuss one or several issues in depth. **International Collaborations** We work closely with a number of foreign law firms and participate in a number of international networks. By doing so and thereby cultivating our relationships with foreign collaborators, we acquire useful knowledge of what is happening on an international level. We know from experience that this will subsequently influence the Luxembourg labour market. Another valuable consequence of our international collaboration is how we are always able to quickly procure relevant foreign specialist assistance to our clients when required.
Posting, Patriation and Employment of Foreign Staff
Due to the ever-rising globalisation, it is not unusual that enterprises are posting their employees or receiving labour from abroad, just as foreign enterprises post their employees to Luxembourg.
Direct and Indirect Taxes
We advise on all aspects relating to both posting and patriation to and from Luxembourg in collaboration with any foreign liaison law firms.
Employment of Foreign Labour
We also provide assistance with the employment of foreign labour.
Our services include:
M&S provides advice in respect of all aspects of IP law and we usually represent the rights holder in particular, with regard to the application of the Luxembourg IP Tax Regime. **Our Clients** Our clients include local businesses, large multinational companies, medium-sized businesses, start-up businesses and individuals. **Application For and Registration of Trademarks** Our trademark investigations include: - Specific advice on the suitability of the trademark for registration in accordance with statutory requirements and other parties' rights; - On where to register the trademark geographically; and - The goods and services to be covered by the registration. We also assess whether the trademark can be registered as a company name and a domain name. Furthermore, we assist with the application, registration and renewal of trademark, design or patent registrations in Luxembourg and the entire EU. We advise our clients as to how their rights are best protected and enforced. Our lawyers have the right to appear before all relevant courts of law in Luxembourg and at EU level.
We provide advice to local and international businesses on the acquisition and sale of domicile properties.
The Construction Stage
Our advice includes all aspects relating to domicile properties, including construction law, planning law, the environment and aspects relating to the law of landlord and tenant during the construction stage and any possible subsequent considerations relating to a sale or sale and lease back.
White-collar crime is on the rise both nationally and internationally.
This development in combination with a number of factors has resulted in a growing need for legal advice in the area. Such factors include a growing global trade and new national and international increases of liability, as well as penalties where both the business and the management may become liable in damages and incur criminal liability if an employee or a business partner commits a criminal offence.
M&S’ experienced team provides advice in matters where businesses have been subject to a crime and in matters where the authorities demand that sanctions be imposed against the business, the employee or the management as a result of a criminal offence having been committed or the breach of special legislation.
In recent years the authorities have not only increased the number of, but also the strength of the sanctions under criminal law imposed on businesses and their responsible individuals. It means that for the first time businesses themselves may have to face a criminal charge or a charge against its employees or management. The above applies in particular to the special legislation in the following areas:
Our advice includes handling the actual criminal proceedings and managing the internal and external legal issues that often come into play in cases of white-collar crime.
M&S’ team consists of specialists in criminal procedure and the above special legislation and they are also widely experienced in insolvency matters.
If you would like to read more about the measures that a business can take to avoid breaching legislation, please go to our “Legal Risk Management” practice area.
Free Consultation: 15 mins
