Modernisation of Luxembourg Company Law: Profit Shares ("parts bénéficiaires")
The Companies Act of 10 August 1915, as amended inter alia by the Act of 10 August 2016 (the "Act"), now provides a legal basis for the issuance of profit shares by a limited-liability company (société à responsabilité limitée or "SARL") which complements the rules applicable to the issuance of such shares by a limited company (société anonyme or "SA").
Profit shares do not form part of a company's share capital, as expressed in its articles of association. The rights associated with such shares should be laid down in the articles, however.
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