Baptiste Aubry

Baptiste Aubry

Partner

Email

baptiste.aubry@aoshearman.com

Phone

+352 44 44 5 5245

Offices

Luxembourg

V-CARD
Baptiste is Head of Luxembourg Financial Services Regulatory.

He focuses on regulatory matters applicable to financial institutions and asset managers (including payment services, Fintech & crypto-asset services, investment/broker dealer services, funds distribution, depositary & fund administration services, prudential & licencing requirements, governance issues and AML/KYC topics), structured products, bank lending and derivatives (incl. EMIR and MiFIR).

Baptiste joined the Luxembourg Banking Lawyers'  Association (ALJB) and made several contributions in Luxembourg legal literature. He is also a member of various working groups (including the Payments Cluster) at the Luxembourg Bankers' Association (ABBL).

Baptiste is an active member of our FinTech task force, supporting a wide range of clients, from established financial institutions to start-ups developing innovative solutions.

Expertise

Industries

Experience

Representative matters

  • A Brazilian bank on the establishment of their Luxembourg third country institution branch and more specifically the licencing and regulatory aspects.
  • Quintet Private Bank on the establishment of a credit institution by way of reorganisation involving a cross-border merger of certain European entities.
  • A major fintech company and a worldwide operating crypto-exchange on the joint-issuance e-money tokens in accordance with the applicable legal framework under MiCAR.
  • A foreign exchange market manager and service provider with on-going strategic regulatory questions, including in respect of the establishment of an e-money institution in Luxembourg.
  • A European payment services company on strategic regulatory matters as well as on-going advice on AML/CTF obligations and payment services issues.
  • A Belgian company on the acquisition of a leading Dutch payment scheme and a Luxembourg-based payment solution provider.
  • Several alternative investment fund managers on their obtainment of MiFID Top-Up licenses in Luxembourg.
  • A Canadian multinational financial services company on the sale of its Luxembourg subsidiary (holding all of its European business activities) to a Luxembourg-based asset servicing bank.
  • A global e-commerce company in a multi-billion sale of “buy now pay later” loan receivables.

Pro bono

  • Supporting STËMM VUN DER STROOSS established in 1996, working to promote the social and professional integration of disadvantaged people.
  • Supporting FONDATION CANCER via participation in the “Relais pour la Vie”, established in 1994 in Luxembourg working in the fight against cancer.

Published Work

  • Aubry Baptiste, Schmidt Carole, (2023) "Chambers Banking Regulation 2024 (T&D)", Luxembourg
  • Aubry Baptiste, Di Lorenzo Catherine, (2023) “How to tackle cybersecurity and risk of fraud in the digital finance era”, Luxembourg
  • Peporte Paul, Aubry Baptiste, Noeltner Philippe, (2019) “A guide through the common features of digital asset generating events-The after-dark:how current regulations apply, and how to characterize Digital assets”, Luxembourg
  • Aubry Baptiste, Costica Andrei, (2019) “Democratizing Financial Innovation”, Luxembourg
  • Aubry Baptiste, (2019) "Explorer les anfractuosités du secret bancaire" , Luxembourg
  • Wagner Henri, Aubry Baptiste, (2018) "Communicating via a durable medium, a moving target", Luxembourg
  • Aubry Baptiste, (2016) "MREL: A work still in progress", Luxembourg

Speaking Engagements

  • Speaker, A&O Luxembourg M&A Forum, October 2023 
  • Speaker, PSD3, A&O London Seminar Programme, October 2023 
  • Speaker, Payments package (PSD3/PSR), A&O x ABBL conference, September 2023 
 

Leadership Positions And Professional Affiliations

  • Member of various committees and working groups of the the Luxembourg Bankers' Association (ABBL)

Recognition

“Rising star”
Legal 500, 2024
“Baptiste is…a popular resource among both banks and fund managers seeking to navigate the intricacies of the country’s regulatory framework”
Legal 500, 2024

Qualifications

Admissions

Admitted as Avocat à la Cour, Luxembourg, 2017

Admitted as Avocat, Luxembourg, 2014

Academic

Master 2, Droit bancaire et financier, Strasbourg University, Strasbourg, France, 2011

Master 2, Droit de l’économie et de la régulation en Europe, Institut d’Etudes Politiques, Strasbourg, France, 2010 

Master 1, Droit et études européennes, Strasbourg University, Strasbourg, France, 2009

Languages

English, French
Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.