Deploying a multi-disciplinary approach which draws from the firm’s highly regarded finance, tech and data, and regulatory teams, A&O Shearman is well-positioned to provide ‘constructive and commercial’ to banks and fintech companies across a wide range of issues arising at the intersection of technology and finance. Here the firm is able to leverage excellent relationships with the relevant regulatory bodies, and is also at the cutting-edge of changes in the sector through its partnership with Luxembourg’s fintech innovation hub (LHoFT). Key areas of focus include work in relation to the use of blockchain technology on the capital markets, particularly in the context of the use of distributed ledge technology (DLT) for the issuance, trade and settlement of tokenised financial instruments. In his role as head of the overarching financial services regulatory group, Baptiste Aubry has significant exposure to work in the space, as has senior associate Philippe Noeltner, who provides ‘confident and assured support’ to clients developing innovative solutions. Catherine Di Lorenzo adds value to clients in the space by virtue of her IP and data expertise, and alongside finance expert Frank Mausen and Aubry, is one of the co-heads of the multidisciplinary practice.
Fintech in Luxembourg
A&O Shearman
Responsables de la pratique:
Frank Mausen; Catherine Di Lorenzo; Baptiste Aubry
Autres avocats clés:
Yannick Arbaut; Paul Péporté; Jacques Graas; Audrey Scarpa; Carole Schmidt; Philippe Noeltner; Andrei Costica
Les références
‘They approached issues in a constructive and commercial manner. Their deep understanding of applicable regulation along with their good relations with the local regulatory authorities also facilitated the successful completion of the transaction.’
‘Philippe Noeltner was always available, providing confident and assured support on a particularly difficult matter, ultimately guiding the transaction to a successful conclusion.’
Principaux dossiers
Arendt & Medernach
Arendt & Medernach is well-versed across the plethora of cutting-edge technology impacting the financial services sector and provides ‘very skilled and responsive’ advice to traditional funds and banking clients on the adoption of fintech products, as well as for start-ups and entrepreneurs delivering the technology. Team head Marc Mouton is the ‘go-to person for fintech advice,’ including in the context of blockchain technology and payment services. As part of his broad investment management expertise, Francis Kass has recently been involved in the establishment of funds investing in crypto assets.
Responsables de la pratique:
Marc Mouton
Autres avocats clés:
Francis Kass
Les références
‘Marc Mouton is a great professional leading a very skilled and responsive team.’
‘Marc Mouton is the go-to person for Fintech advice: always available, pragmatic and capable.’
Principaux clients
Goldman Sachs
Tokeny s.à r.l.
Principaux dossiers
- Assisted a European fintech services provider in relation to an innovative creation of a Luxembourg alternative investment fund in the form of a special limited partnership investing into cryptocurrencies.
- Assisted Goldman Sachs on the Luxembourg law aspects of its new cutting-edge Distributed Ledger Technology platform GS DAP™, an innovative digital asset’s platform.
- Assisted Tokeny and its founders on corporate and contractual law aspects in the context of a major €5m investment made by Euronext in Tokeny, in order to take a significant participation in Tokeny.
Clifford Chance
Leaning into deep industry knowledge both locally and internationally, as well as benefiting from strong relationships with regulators, Clifford Chance is able to provide ‘high-quality advice and tailor made solutions’ to traditional financial services clients and fintech providers across a range of major transformational projects across key areas including digital assets, blockchain, payments, AI, data, fund tech, cyber and insurtech. Banking and finance co-head Steve Jacoby is central to much of the key work in the space, including his recent landmark advice to European Investment Bank (EIB) on the issuance of its first euro-denominated digital bond on a private blockchain. The firm’s multi-disciplinary approach also leads to a significant amount of funds and corporate-related fintech work, including in the context of M&A in the space.
Responsables de la pratique:
Steve Jacoby; Christian Kremer; Katia Gauzès; Albert Moro; Oliver Zwick; Udo Prinz; Boika Deleva
Autres avocats clés:
Louis Mamère; Charles Henri Laevens
Les références
‘They are experts at handling complex, unprecedented, innovative operations by offering high-quality advice and tailor made solutions.’
‘Extremely efficient and proactive associates with a can-do approach and great problem-solving skills. Collaborative, commercial and experienced partners.’
‘The team has the excellent level of expertise in the subject.’
Principaux clients
FIS
European Investment Bank
ING Bank N.V.
HQLAx
The LHoFT Foundation
Re:cap Technologies
Various clients
Operators of DLT platforms for issuance and custody of securities
Alter Domus
Principaux dossiers
- Advised fintech provider FIS on the transfer of the Registrar and Transfer Agency function in relation to the Luxembourg funds of Franklin Templeton from the FT Lux super manco to Virtus the Lux subsidiary of FIS.
- Advised the European Investment Bank on the issuance of its first euro-denominated digital bond on a private blockchain.
- Advised HQLAX and Deutsche Börse on their jointly developed distributed ledger technology solution for frictionless collateral swaps in the securities lending market, enabling market participants to transfer ownership of securities seamlessly across disparate collateral pools at precise moments in time.
Elvinger Hoss Prussen
At Elvinger Hoss Prussen, IP/IT expert Gary Cywie is pivotal to much of the fintech-related work handled by the firm, often teaming up with banking, capital markets and funds practitioners to provide a seamless offering to fintech providers and established financial services institutions. Cywie has been particularly active of late advising on blockchain-related matters and recently formed part of a cross-disciplinary team alongside regulatory and investment fund practitioners advising Azimut Investment and BNP Paribas’ Securities Services on the first phase of a joined blockchain initiative consisting of the tokenisation of units in a Luxembourg reserved alternative investment funds. Karl Pardaens is also a key member of the team and has a particular focus on advising on tokenised securities.
Responsables de la pratique:
Gary Cywie; Karl Pardaens
Autres avocats clés:
Yves Elvinger; Sophie Dupin; Linda Funck
Principaux clients
Azimut/BNP Paribas
Next Gate Tech
Principaux dossiers
- Advised Azimut Investment S.A. and BNP Paribas’ Securities Services on the first phase of a joined blockchain initiative consisting in the tokenisation of units in a Luxembourg reserved alternative investment funds.
- Advised Next Gate Tech in the context of their new commercial partnership with Kneip consisting in bringing together both companies’ expertise in fund data management.
Loyens & Loeff
Noted for its ‘incredible ability to combine expertise from different areas,’ including corporate, regulatory, finance and litigation, Loyens & Loeff's multi-disciplinary offering provides ‘thorough advice’ to start-ups, financial institutions and investors across a myriad advisory, transactional, litigation and risk management mandates. ‘Pragmatic’ team head Anne-Marie Nicolas is appreciated for her ability to analyse both business and legal considerations, particularly on crypto and tokenisation-related projects. Other key contacts include Sabrina Martin, who has a focus on start-ups and new technology legal issues, and Adrien Pierre, who deploys expansive regulatory expertise to good effect for fintech entities seeking licensing approvals and in the context of AML advice to clients in the cryptoasset space.
Responsables de la pratique:
Anne-Marie Nicolas
Autres avocats clés:
Sabrina Martin; Adrien Pierre; Olivier Marquais; Marko Huskic; Vanessa Gomez Pena
Les références
‘The firm has an incredible ability to combine expertise from different areas. This results in thorough advice that has been considered from every applicable angle.’
‘Anne-Marie Nicolas is a pragmatic leader that takes into account the business side as much as the legal side.’
Principaux clients
STOKR S.A.
Jackie Treehorn B.V
Deutsche Börse Group
Principaux dossiers
- Advised Credis on all matters related to the licence application process for establishing a new Luxembourg company licensed as an electronic money institution to allow the group to expand its services to crypto and gambling businesses.
- Advised Fintech start-up STOKR on its application for authorisation as a Crowdfunding Service Provider.
- Advised Jackie Treehorn BV on a new art tokenisation project – The Second Art Security Token Offering by a European museum.
CMS
Noted for its ‘mix of technical knowledge and client care’, CMS is a popular choice among fintech start-ups and more established entities throughout the lifecycle of their needs, from obtaining authorisation from the CSSF through to ongoing operational matters and ad-hoc matters. ‘Committed’ team head Aurélia Viémont has broad expertise, including advice on crowdfunding platforms, initial coin offerings (ICOs), security token offerings (STOs), and innovative payment solutions.
Responsables de la pratique:
Aurelia Viemont
Les références
‘They are very happy to spend time to fully understand our new technologies to better solve the related challenges.’
‘They provide a unique mix of technical knowledge and client care.’
‘Aurelia Viemont is committed and engaged.’
Principaux clients
ekonoo
Blocktrade
BlocHome
Tokeny
NautaDutilh
Drawing upon the firm’s strong banking, IP and TMT offerings, NautaDutilh is well-placed to advise large financial institutions, challengers and service providers across a range of fintech projects, compliance and advisory work. IP practitioner Vincent Wellens is ‘business-oriented, passionate and smart’ and co-heads the de facto fintech team alongside banking head Josée Weydert.
Responsables de la pratique:
Josée Weydert; Vincent Wellens
Autres avocats clés:
Meliha Dacic
Les références
‘The team provides a business-oriented service.’
‘The team is client-oriented and provides for a wide range of deliverables.’
‘Vincent Wellens knows his clients’ businesses, constraints and processes well. He acts as a bridge between the legal and operational worlds to find reasonable and acceptable solutions.’
Principaux clients
ABN Amro
Banco Santander
Belfius
BTIG
Caceis
Ekonoo
European Investment Bank
Generali
i-Hub
Intesa Sanpaolo
John Deere Bank
Le Foyer
Luxhub
Microsoft
POST Finance
Rabobank
Royal Bank of Canada
UBS
Principaux dossiers
- Assisted one of the largest crypto platforms on the launch of a stablecoin with a Luxembourg-licensed bank.
- Advised Microsoft on the update of CAA (Commissariat aux Assurances) and CSSF (Commission de Surveillance du Secteur Financier) local guides to outsourcing and cloud regulation.
- Assisted two major Japanese banks in assuring compliance with the 2019 EBA guidelines on outsourcing arrangements, the CSSF Cloud circular and DORA.