Luxembourg Business Register - new requirements for private individuals

The Luxembourg Business Register (LBR) issued a public notice (the Notice) on 1 October 2021 concerning formalities for the Luxembourg Trade and Companies Register (RCSL).

Effective from the end of Q1 2022, any private individual (whether Luxembourg resident or not) who is to be registered with the RCSL in any capacity whatsoever (partner, director, manager, authorised representative, auditor, etc) will have to provide a Luxembourg national identification number (LNIN) to the RCSL.

New filings

The person already has a Luxembourg national identification number: This number must be communicated upon filing.

The person does not have a Luxembourg national identification number: The LBR will issue a new number upon acceptance of the application for registration with the RCSL.

The following information should be provided to the RCSL:

• nationality
• gender
• private residence

It should be noted that this information will not be publically available and will only be communicated to the Luxembourg National Register of Natural Persons in order for them to create a LNIN.

In addition, supporting documents proving the identity (identity card or passport) and, if necessary, the private address (eg certificate of residence, declaration of honour certified by a competent authority, or even electricity bill) of the person for whom such a number is to be created must be attached to the application. These documents must be consistent with the supporting documents submitted.

Companies already registered with the RCSL

Any person already registered with the RCSL will also have to communicate their LNIN. The RCSL will provide a reasonable and sufficient period (not yet fixed) to adapt to the new requirements.

In a second phase, the communication of the LNIN will be made compulsory. After this, it no longer be possible to proceed with any filing relating to such person, or to any entity into which such person is involved, until the LNIN has been provided.

A specific procedure allowing the sole registration or creation of a Luxembourg national number for a natural person registered with the RCSL will also be available on the RCSL portal.

Consistency of Luxembourg addresses

The RCSL will perform a verification on any Luxembourg address communicated to it on the basis of the information contained in the Luxembourg National Register of Localities and Streets.

Any change of address in the National Register of Localities and Streets will automatically be reflected in the RCSL and no subsequent filing will be required.

If you have any questions or concerns relating to this briefing, please reach out to your usual Ogier contact.

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Disclaimer

This client briefing has been prepared for clients and professional associates of Ogier. The information and expressions of opinion which it contains are not intended to be a comprehensive study or to provide legal advice and should not be treated as a substitute for specific advice concerning individual situations.

Regulatory information can be found under Legal Notice