Slides :ères-Share-Deal-vs-Asset-Deal-Les-critères-pour-choisir-Webinar-DSM-Avocats-à-la-Cour-Mars-2022.pdf

How should a real estate transaction be structured in Luxembourg? When should one opt for a share deal, and when should one opt for an asset deal?

While the issue is simple, often the response is much less so: the choice may have serious legal and fiscal consequences during the realization of the operation of itself, as well as during financing and at its end. Given that both options offer advantages and disadvantages, the choice between a share deal and an asset deal should be carefully considered.

There is no one-size-fits-all response, but rather issues to be aware of and consider that will allow you to make a decision that is both informed and suited to your situation and aspirations. Experience shows that it is always necessary to perform an objective and case-by-case analysis.

Mario DI STEFANO, Renaud LE SQUEREN and Alex PHAM will assist you to both better choose and better understand these concepts for your businesses. Discover their practical advice.


  1. Structuring options
  2. Fiscal aspects
  3. Due diligence
  4. Contract management: SPA or other agreement
  5. Alternatives
  6. Conclusion


  • Learn about asset deal and share deal legal and fiscal specificities
  • Good and bad decision criteria to determine the type of deal
  • The perspectives of the seller, buyer and financier
  • Post-share deal/asset deal
  • Insight into the risks borne by the parties
  • Understand certain important concepts such as transfer taxes, sale and lease back, earn-out, the local government’s preemption right, legal guarantees
  • Exchange with the webinar presenters and participants
  • Discover DSM Avocats à la Cour’s feedback

The webinar will last 45 minutes and there will be an interactive question and answer session at the end.


  • Founder of DSM Avocats à la Cour and head of the firm’s Real Estate Law and Tax Law departments, Mario DI STEFANO has over 25 years’ experience in these practice areas. He assists his clients in all types of M&A projects and transactions, as well as real estate transactions. He regularly advises funds, investors, developers, banks, construction businesses, real estate agencies, architects and engineers.
  • Partner with DSM Avocats à la Cour, Renaud LE SQUEREN has been developing his broad corporate law experience for over 15 years. He advises on all issues related to transactional matters, particularly in the real estate and personal data sectors.
  • For more than 15 years, Alex PHAM has been advising and defending taxpayers. He started his career in the tax department of a Luxembourg Big-Four audit firm and has continued to practice tax law with well-known entities in Luxembourg including a fiduciary, law firms and an international bank. Alex’s Tax Law specializations include tax litigation, international tax law, corporate and individual tax as well as indirect taxation.