Duties and liabilities of members of management bodies – specificities linked to banks

Objectives

How to ensure, in practice, a solid and robust internal governance and prudent risk management framework in the light of the duties and liabilities applicable to the members of the management bodies of Luxembourg credit institutions.

Content

• Responsibilities of the management bodies under Luxembourg law – General corporate law principles
  • Basic principles – Recap
    • Organisation and structure of management bodies
    • Powers of the management bodies
    • Appointment and termination of the mandate of the members of the management bodies
    • Delegation of powers
  • Duties
    • Principal duty and standard of care
    • Ancillary duties
  • Liability
    • Sources of civil liability
      • Liability for mismanagement
      • Liability for breach of the law on commercial companies and/or the articles of association
      • Liability in tort
    • Liability mitigation tools
• Responsibilities of the management bodies under Luxembourg law – Specific regulatory requirements (resulting notably from the amended CSSF Circular letter 12/552, CRD IV and MiFID II)
  • Overview of regulatory framework
  • Internal governance
    • Impacted functions: the model of the three lines of defence
  • Board of directors and authorised management
    • Rules pertaining to composition and qualification:
      • Collective and individual qualification requirements
      • Knowledge and competence
      • Other required qualities (independence, time commitment, etc.)
      • Suitability assessment and training
      • Concrete impacts on candidate selection and availability
    • Functions:
      • Specific characteristics of the authorised management
      • Responsibilities of directors and authorised managers
      • Interaction between the board of directors, authorised management, internal control functions and regulators
      • Rules pertaining to the setting-up of board committees
      • Concrete impacts on internal organisation models
  • Sanctions

Speakers

Our speakers belong to both our specialised and complementary teams and as such, cover all legal, regulatory, taxation and advisory aspects of doing business in Luxembourg.We invite you to check our training agenda where the speakers are listed on each training session.

Target Group

Members of management bodies, experienced executives and directors who wish to strengthen their knowledge and understanding of the various duties and liabilities that managers and directors of Luxembourg credit institutions have to face and tackle when exercising their functions in Luxembourg.

Duration

​3.5 hours.

Languages

English, French, German

For any information, please contact us by e-mail institute@arendt.com