Leading up to a business launch, all entrepreneurs have to look into the government permits they will need to set up their company. Luxembourg’s legislature subjects all commercial, artisan and industrial activities to the prior granting of a permit within the framework of the law.
The permit granted by the Ministry of the Economy is known as a “business permit,” in which the term business refers to the carrying out of a regular and lasting activity defined in the business permit itself. If the activity is carried out regularly and lastingly in Luxembourg, the company must be established on Luxembourg territory and operate from a physical fixed establishment. In this article, we will be taking a detailed look through the application form for business establishment, which is essential in making your project a reality.
The main application form is entitled “Business Permit Application and Related Notification.”
On the first page, precisely descrive the activity you intend to carry out and state your personal details as well as your social security number. Do be aware that by entering your personal details, you will be the holder of the business permit and must have a real link with the company as either owner, manager, shareholder or employee. This makes you the Applicant in the eyes of the Ministry of the Economy.
The grey section entitled “Former business permit” does not concern you.
On page 2, provide the status of the permit holder (you!), meaning whether you are a shareholder, a partner or an employee of the company.
Information about your company
If you already know the address of your future company, you will have to enter its registered office on page 2. Often, a company’s registered office is the same as its operating address, but not always. For instance, my registered office, or headquarters, is declared at my home in Mersch, but my physical shop, a sales space I rend, is in Luxembourg. In such cases, both addresses must be provided on the form. In no cases can a registered office be a simple letterbox.
Do note that the Ministry of the Economy will send any mail to the company’s registered office, so it is important to provide the correct address.
Specifics by company type
If you have chosen to start a commercial company, meaning a legal person (SARL, SA…) will be heading your activities, the name (known as the “corporate name”) of your future company must also be provided. As a reminder, you can verify whether a company name is available on the RCSL-LBR1 portal. This is usually done by a notary, other than for SARL-S type companies.
If your company has already been incorporated when you are applying for the business permit, the official identification number should be provided below the company name. You can proceed in either order. Do note that the process is sightly different for SARL-S companies and no identification number is required. Just the corporate name, which must match the name in the articles of association.
Self-employed persons, also known as “freelancers,” are not required to provide a company name since no legal person is involved. The field entitled “In case of establishment as a commercial company” must be left empty.
Any applicants filing a request without knowing the future address of their business must check the box “to be defined (not yet known).”
In that specific case, so long as the rest of the application is complete and admissible, the Ministry of the Economy will issue a tentative agreement. Once the applicant has found an address, they must send proof of their business space in accordance with business permit prerequesites. Documents that can be used as proof are either a copy of the lease, a letter attesting to the provision of an office or a certificate of residence.
For more information about choosing a business venue, you can see this article.
The home stretch!
On page 3, we recommend checking the “yes” box in the validation section. This allows the Ministry to make any necessary verifications with other administrations, such as checking for any unpaid VAT debts. Checking “no” would make you responsible for providing any required additional proof.
And be sure to remember pages 4 and 5: date the form on page 4, and sign it on page 5!
Lastly, a few helpful tips for downloading the form and sending your application to the Ministry of the Economy.
The form we have looked through together is available for download in the tab “Applying for a business permit” on the guichet.lu business portal, where you can find an interactive fillable PDF version of the document. Ensure the latest version of Adobe is installed on your device, then download and save the file to your desktop to open and complete it.
The fully filled, signed and dated document along with the required supporting documents for your activity can be sent via the post to the address in the lower right corner of the form. We recommend sending in a single envelope with proof of receipt.
The full application can be submitted via the MyGuichet.lu digital assitant. The form is directly integrated into the online process and you can confirm your application with a digital signature. If you choose this option, you will need a Luxtrust product to secure operations carried out online, and create your user account beforehand. If you do not yet have a Luxtrust product, go to luxtrust.lu.
Do note that e-mail applications are no longer accepted during Covid19.
You now know how to fill out the main form for your permit application! Should you still have doubts, the House of Entrepreneurship has the answers you need.
The House of Entrepreneurship of the Chambre of Commerce is the national contact point for future entrepreneurs and established company heads alike. (Future) entrepreneurs can contact the House of Entrepreneurship’s information point to move forward with their business creation/takeover project or be put in touch with the relevant structures or partners.
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