Trust is good, but control is better II: The second attempt to construct liability against a Liechtenstein trustee also had to fail.
In this international liability proceeding, our Liechtenstein law firm successfully represented a Liechtenstein trustee against damages claims brought by a US-insolvent Liberian company. The claim for USD 13.7 million was dismissed. Already in the preceding proceedings (linking to https://paragraph7.com/fallstudien/vollmachten-im-treuhandbereich-vertrauen-ist-gut-kontrolle-ist-besser/) our firm had represented a Liechtenstein trustee who was confronted with liability claims from the…
Read MoreCRR / CRD and the Liechtenstein Constitution
The exact application of CRR and CRD in all detail has often raised and still does raise questions. One of our client banks was fined by the Liechtenstein Financial Market Authority for breach of CRR and CRD provisions relating to capital requirements. We challenged the FMA decision as to our understanding, CRR and CRD had…
Read MorePowers of attorney in the fiduciary sector: trust is good, control is better
In this litigation, our law firm represented a Liechtenstein trustee who had been active for many years and whom the ghosts of the past had caught up with. This trustee was sued in 2011 for an amount in the tens of millions of Swiss Francs. The complaint briefly argued that our client had failed to…
Read MoreNo obligation of the shareholder to disclose beneficial owners
In a court case, our law firm represented a Liechtenstein Anstalt without founder’s rights as a defendant, which holds a share in the plaintiff (an Austrian stock corporation). The plaintiff was of the opinion that our client was obliged to disclose its beneficial owner(s) or beneficiary(ies). The plaintiff claimed that it was legally obliged to…
Read MoreCrypto Exchange
We advise and support a Liechtenstein based start-up company, which is implementing a “Crypto Exchange” in Liechtenstein. The exchange is intended to not only allow trading with crypto currencies and utility token but will also offer options for trades with security tokens. In this context, complex questions as to the legal classification and qualification of…
Read MoreIs the payment of taxes a „damage“ ?
“Data thefts” still find their ways into the headlines. From time to time, CD’s with data stolen from banks or financial services providers, specifically in Switzerland or Liechtenstein, appear and are offered to and bought by (specifically) German tax authorities. Regularly, this leads to massive tax payments and potential penalty payments due to the client.…
Read MoreSecurity Token Offering
We advise and support several companies that do publicly offer Security Tokens, i.e. tokens which, due to their design and investor rights linked to them, qualify as securities in the meaning of European financial markets regulation, specifically the EC Prospectus Directive. In order to be allowed to offer a security token in Liechtenstein, in the…
Read MoreRestructuring and transfer of seat of an insurance entity
Since 2015, we are accompanying a foreign insurance entity in an overall restructuring exercise including the transfer of the seat to Liechtenstein. The restructuring included several cross-border and national (Liechtenstein) mergers and legal transformations (Societas Europaea).
Read MoreDisappeared soccer player’s fees
An international soccer-pro had to learn one day that the income from merchandising activities which he worked on over years and which was always paid, upon recommendation of his former manager, to Liechtenstein, had actually “disappeared“. The manager, who was intended to hold and manage the assets within a Liechtenstein trust structure, had indeed done…
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