Introduction
Filing for insolvency is not optional
Debt restructuring followed by liquidation as an alternative
Points of attention and key differences between insolvencies and liquidations
Comment
On 16 January 2021 the Supreme Court reconfirmed that a liquidated company is deemed to survive passively for five years further to the publication of the closure of the liquidation in the Luxembourg Trade and Companies Register. This allows the company’s creditors to introduce a legal action against it.
Further, the Supreme Court stressed that the general meeting of a liquidated company is also deemed to survive during this period (or for longer) if a legal action is introduced against the company during the five-year period.
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Read the full article at: https://www.internationallawoffice.com/Newsletters/Insolvency-Restructuring/Luxembourg/Luther-SA/Insolvency-proceedings-what-are-the-options