Jessica Jovenet-Eyermann


Avocat à la Cour

 Luxembourg


WELCOME

 

 

 

 

 

 

 

 

 

 

Presentation

 

Maître Jessica Jovenet-Eyermann, called to the Luxembourg bar in 2008, graduated in corporate law and tax law at the University of Paris I Panthéon-Sorbonne. She also studied at the ESSEC Paris.

A fluent English speaker, she trained with the major corporate law firms in Paris then Luxembourg.

Following further training, her main area of practice was general litigation, such that she acquired sound experience over the years in the fields of private (civil, criminal, corporate, employment) law and public law.

This experience means that she can now provide you with a full range of legal services and advice as well as representing you before the Luxembourg courts regardless of the nature of your claim.

She can offer you an effective, personalised service in complete confidentiality.

 

 

 

 

 

Areas of practice


 

The firm's areas of expertise cover both traditional litigation (such as civil, criminal and business claims) and corporate law (such as corporate legal advice).

Maître Jessica Jovenet-Eyermann advises, defends and represents her clients, which are both private individuals and small, medium and large businesses, in all aspects of the law, with specific expertise in the following areas:


 

 

- Company law

  • Company formation (including S.A., Sàrl.)
  • Applying for a business permit
  • Issuing a certificate of incorporation/legal opinion
  • Depositary of bearer shares
  • Representation (acting as a director or manager)
  • Drafting shareholder agreements and covenants
  • Drafting meeting and AGM minutes
  • Publishing extracts in the trade register
  • Liaising with the authorities and accountancy firms
  • Corporate restructuring
  • Transfers of company shares
  • Company acquisition and disposal
  • Managing disputes between partners, with employees or with third parties
  • Company dissolution and liquidation
  • Bankruptcy

     

    - Commercial law

  • Commercial leases (drafting agreements and managing disputes)
  • Sale/transfer of goodwill
  • Competition law
  • Drafting and reviewing contracts and legal documents
  • Financial terms and conditions
  • General terms and conditions
  • Managing trade disputes
  • Debt recovery

     

    - Employment and social law

  • Defending employees and employers in court
  • Analysing and drafting contracts of employment
  • Dismissals (with notice, unfair dismissal, etc.)
  • Resignations
  • Settlements (out-of-court settlement of disputes)
  • Issues related to compensation, overtime, employee protection, moral and sexual harassment
  • Warnings
  • Suspensions
  • Disputes arising from collective labour relations
  • Redress through the administrative authorities and employment tribunals
  • Social security law

     

     

  • - Banking law (member of the ALJB)

  • Legal assistance to banking establishments and financial sector professionals
  • Updates to the legal and regulatory database (Luxembourg and European law relating to the financial sector including private banking/wealth management)
  • Compliance monitoring (issues related to AML, MIFID II, KYC, FATCA, inheritance, blocking of accounts, beneficial ownership, banking secrecy, etc.)
  • Issues related to account administration (joint accounts, blocking, inheritance, transaction disclosure, pledges, etc.)
  • Monitoring CSSF legal aspects
  • Drafting and reviewing on-boarding documents and general banking terms and conditions
  • Drafting and reviewing loan and financial guarantee agreements
  • Identifying, preventing and minimising legal risks
  • Managing litigation
  • Managing customer complaints
  • Drafting legal opinions
  • Liaising with administrative authorities

     

    - Property law

  • Leases (drafting and reviewing lease agreements, managing disputes related to unpaid rent and charges, occupancy allowances, termination of lease)
  • Real property law (property purchases and sales, easements, boundaries, nuisances)
  • Construction law (disputes with builders, warranty claims, defects and substandard work, legal assessments)
  • Co-ownership (assisting managing agents, co-ownership regulations, management of litigation arising from co-ownership meetings)

     

    - Contract law (review, negotiation, drafting, interpretation, enforcement, termination)

    - Consumer law

    - Debt recovery (individual suits and enforcement procedures)

    - Enforcement procedures (enforcement of Luxembourg and foreign rulings, seizures)

    - Family law (divorce, maintenance, guardianships, minors, liquidation of the matrimonial regime)

    - Estate law (inheritance, distribution, joint ownership, transfers of ownership, dismemberment of ownership)

    - Insurance law

    - Medical liability

    - Compensation for accident victims

    - Civil liability (contract and tort)

    - Criminal law (traffic violations, criminal business law, representing civil claimants' interests)

    - Administrative law (town planning, rights of establishment, residence permits)



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    Fees

     

     

    Other than in cases of legal fees being set by legal or regulatory provisions, by a fee agreement or by a court appointment of the lawyer, the lawyer may freely determine her fees, taking into consideration the scope and degree of difficulty of the case, the work to be undertaken, her reputation, professional experience and the result achieved
    The lawyer may also agree with her client contractual terms for calculating fees or an additional fee dependent on the result achieved or service provided. Such terms may be agreed at the outset, during the course or on completion of the case.
    Under no circumstances, however, may the lawyer agree terms under which the lawyer's fees are based exclusively on the outcome of the lawyer's work.


    Retainer:  : On preparing the case, the client will be required to pay a retainer to cover disbursements and as an advance on the lawyer's costs and expenses.
    Until the lawyer has proof of payment of this initial retainer determined based on the nature of the litigation, the lawyer shall undertake no work on the case other than any that she deems absolutely necessary.
    Unless she receives payment in full within eight days of notification of her fees, the lawyer shall be entitled to suspend or terminate her services definitively, doing so at the client's sole risk.


    Legal aid:  : Clients are hereby informed of the option of requesting legal aid if they fulfil the legal requirements. The lawyer shall be free to accept or decline any appointment made under legal aid. The same shall apply if the client, after having instructed the lawyer, applies for and obtains the benefit of legal aid without the lawyer's consent.

     

     

     

     

     

     

    Legal news

     

     

     

    Beneficial Owner Register Law


    Luxembourg passes Beneficial Owner Register Law on 13 January 2019

    The Law of 13 January 2019 (the “Law”) establishing a Beneficial Owner Register (“RBE”) was published on 15 January 2019.

    The aim of the RBE is the record-keeping and the provision of information about the beneficial owners of entities (companies) registered at the Luxembourg Trade and Companies Register, referred to in Article 1st, section 2 to 15 of the Law of 19 December 2002 about the Trade and Companies Register, the book keeping and the annual accounts of companies. Natural persons performing business activities are out of scope.

    The Law enters into effect on 1st March 2019.

    From that date, concerned entities have six (6) months in which to comply with their new legal obligations.

    The RBE is monitored by the Luxembourg Business Registers (“LBR“).

    As per Article 3 of the Law, all registered entities must provide the information listed below (except for those whose securities are traded on a regulated market in Luxembourg, in an EU Member State or in an assimilated country, in which case those entities register solely the name of the regulated market on which their securities are traded) :

    1. Last name (s) ;
    2. First name(s) ;
    3. Nationality/ies ;
    4. Birth day ;
    5. Birth month ;
    6. Year of birth ;
    7. Place of birth ;
    8. Country of residence ;
    9. Exact home or professional address ;
    10. National Natural Persons Registry (Registre national des personnes physiques) number, as applicable ;
    11. Foreign identification number, as applicable ;
    12. Type(s) of interest(s) beneficially owned ; and
    13. Extent of interest(s) beneficially owned.

    National authorities will have unlimited access to all the information listed in the RBE, for the performance of their duties. (National authorities are defined under Article 1st, point 5 of the Law as prosecutorial and law enforcement authorities, the financial sector supervisory authority (“CSSF”), the insurance supervisory authority, the tax, customs, registration, title and VAT authorities, among others…).

    Also, anyone shall have access to the information being listed under points 1 to 8, 12 and 13 referred to in Article 3.

    The filing, registration process, rules of access for consultation and selection criteria will be detailed in a Grand-Ducal Regulation.

    Consultation of the information shall remain confidential, neither the entities nor the beneficial owners will be informed about it.

    Under exceptional circumstances, and by providing proof thereof, an entity may request limitation of access to the RBE to the national authorities only, when such access would expose the beneficial owner(s) to the risks of fraud, kidnapping, blackmail, violence or intimidation, or when the beneficial owner is a minor or incompetent.

    Moreover, registered entities will be required to obtain and keep at their registered office current, accurate and constantly updated information on their beneficial owners.

    In case of infraction of the Law, particularly if an entity does not send its request for registration to the LBR by the required deadline, or does not keep the required information at its registered office, it is subject to the criminal sanction of a fine ranging from EUR 1.250 to EUR 1.250.000.

    Access for consultation shall become available following the expiration of the delay of six (6) months mentioned above.

    The firm remains available to provide further information and assistance to companies with regard to their new legal obligations.

     

     

     

     

     

    - Recent articles


    Beneficial Owner Register Law

     

    - Archives by year


    News 2019
     

     

     

     

     

     

     

     

     

     

    Consultations from 9am to 7pm Monday to Friday by appointment only

    Téléphone: +352 26 25 81 04

    Email: info@etudejovenet.lu

    The firm's offices are located just opposite the Luxembourg National Theatre.
    A car park is available in place de France less than 100m from the firm's offices.
    Access by bus routes 5 and 6.

     

     

     

     

     

    Please complete the contact form for further information or to make an appointment :

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