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How to comply with Luxembourg’s new administration filing rules

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How to comply with Luxembourg’s new administration filing rules

Delphine Schmidt, Operations Director provides a breakdown of Luxembourg’s new administration filing rules for individuals and companies registered with its Trade and Companies Register (RCS).

The Luxembourg Business Register (LBR) is looking to speed up its RCS registration process by replacing PDF forms with a new HTML version that can be completed directly online. 

This will introduce several changes to both existing and new filings with the RCS. The LBR has yet to provide a date for the implementation of the new requirements, but it is expected to be sometime in April.

What is changing?

The most significant change will be the requirement to register a Luxembourg national identification number (LNIN) for any natural person who is to be registered with the RCS. This includes any director, partner, manager, auditor or authorised representative.

There are two possible scenarios:

  • If the individual already has a LNIN: they must communicate their existing number to the RCS.
  • If the individual does not have a LNIN: one can be created if the individual submits all necessary information to verify their identity with the RCS and their application is accepted.

These scenarios will also apply to any natural person who was already registered with the RCS before the implementation of these new filing rules. This will initially be applicable on a voluntary basis and then become a mandatory obligation. 

What information is required to register with the RCS?

Applicants to the RCS will need to submit the following information on the LBR’s online portal along with an identification document such as a passport, and a proof of address such as a utility bill:

  • First and surnames
  • Date, place and country of birth
  • Nationality
  • Gender
  • Private home address

What other changes are being implemented?

With the introduction of the new forms, when a filing request is created the Luxembourg address indicated on the requisition form will be automatically checked for consistency with the information in the National Register of Localities and Streets.

In the event of inconsistency, an error message will be displayed on the form so that the applicant can check the information provided and correct it.

Will I be penalised for not registering a LNIN?

There will be no penalty for not registering your LNIN with the RCS. However, any applicant who has not complied with the new requirements will not be able to make any further filings until the LNIN has been provided.

How will your data be used?

All LNINs will remain confidential and will not be publicly accessible to third parties.

How Ocorian can help

Our Luxembourg team delivers proactive administrative solutions to optimise your business operations and can assist you to comply with the upcoming changes so you can focus on your core competencies.

Contact our team below to discuss how we can support your ambitions.

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