Shortly, the Luxembourg Business Register (“LBR”) will proceed to two major changes in its procedures, regarding:

  • the obligation to register a Luxembourgish national identification number for any physical person already, or to be registered to the Luxembourg Trade and Companies Register (“R.C.S.”), and;
  • the consistency of the addresses registered with the National Register of Luxembourg Localities and Streets.

In fact, any physical person already, or to be registered to the R.C.S. (shareholder, manager, director, internal auditor…) will be compelled to communicate his/her Luxembourgish National Identification Number, in accordance with article 12bis of the amended law dated December 19th, 2002 on the Luxembourg Trade and Companies Register, the accounting and annual accounts of the companies.

1. Registration of the Luxembourgish National Identification Number (“matricule”) for any physical person, already, or to be registered to the R.C.S.

  • for physical persons already owning a Luxembourgish National Identification Number:
  • This number will have to be registered in the publication form of the R.C.S. which number will complement the already existing registered information.
  • for physical persons not already owning a Luxembourgish National Identification Number:
  • The R.C.S. will have to allocate a new number to any physical person who doesn’t own one already. In order to do so, it will be necessary to communicate to their services, or to a person being appointed to apply for this number in the name and on behalf of the applying person, the following information and documents:
    • nationality and gender, with the copy of a valid passport or ID card;
    • private address, to be justified with one of the following documents:
      • a certificate of residence issued by the residence municipality;
      • an affidavit established by the relevant person, stamped or countersigned by a competent authority in addresses matters, such as notaries, embassies, police, etc.;
      • or, in case any the above documentation couldn’t be produced, a utility bill for electricity, gas, water, phone or internet expenses.

Please note that these documents should be produced either in French, English, German or Luxembourgish. In fact, even if English is not recognized as an official language in Luxembourg, it will be possible to present such documents in English without any translation being required.
Nevertheless, for any document provided in another of these four languages, a simple translation (not sworn) will be mandatory.

As soon as the application will be accepted by the R.C.S., the applying person will receive a letter to his/her private address from the State Information Technology Centre with the indication of his/her new Luxembourgish National Identification Number. In case of mandate, it will also be possible for the proxy holder to be informed about this number.

However, the processing time for the attribution of a National Identification Number is not yet indicated by the R.C.S.
Also, please note that the information transmitted to the R.C.S. will exclusively be transmitted to the National Registry of physical person and will never:
  • be disclosed to third parties;
  • appear on the documents issued by the R.C.S., such as extracts of the Trade and Companies Register;
  • appear on the online prefilled publication forms;
  • be disclosed on the R.C.S. platform.

2. Control of the consistency of the Luxembourgish addresses

The LBR has also decided to set up a control process regarding the consistency of the addresses registered to the publication forms, which will be in direct link with the National Register of Luxembourg Localities and Streets.

Moreover, when there would be a change of address published to the R.C.S., the modification will be automatically made to the National Register of Luxembourg Localities and Streets.

These publications or updates for all person already registered to the R.C.S. will be, in the first place, completely free (even though it is not mentioned yet for how long it would last), in order to enable them to update their information as soon as possible, but then, will have to be paid, like any other publication made to the R.C.S.

In fact, provided the deadline for the registration or update of the National Identification number of all physical person appearing on the R.C.S., for example of a company, will be met without having duly entered such information, then this company will not be able to proceed to any further publication to the R.C.S. (such as renewals, appointments of directors, change of address …), this including the publication of the annual accounts.

For any further information, please get in touch with your usual council.

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L-2529 Howald
www.bakertilly.lu
       
 
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