Legal News

New “LNIN” formalities to be carried out at the Luxembourg Trade and Companies Register

Charles de Kerchove
By:
Charles de Kerchove
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Contents

1. Legal framework & effectiveness

The Luxembourg Business Registers (“LBR”) has recently introduced new changes to the administrative requirements to be introduced at the Trade and Companies Register (“RCS”) and which will apply as from 12 November 2024. 

These formalities will need to be completed as from 12 November 2024 and will apply to all natural persons already registered with an existing RCS-registered entity in any capacity (e.g., shareholders, directors, managers, agents, auditors). These formalities will also apply to any such natural persons who will need to be registered with any existing or future RCS-registered entity.

More specifically, those natural persons will be required to provide a Luxembourg National Identification Number (“LNIN”) (commonly known as the “numéro de matricule” or “CNS number”).

The communication or obtaining of the LNIN will occur when registering with the RCS, or when filing a modification with the RCS or independently of any filing process. The LNIN, however, will remain confidential and will not be publicly accessible.

The LBR still needs to confirm the length of the transitory period during which this requirement will need to be completed.

 

2. Application for an LNIN

For individuals who do not yet possess a LNIN, an application must be submitted to the RCS to obtain one as part of the procedure to be carried out with the RCS. The following supporting documents are required:

  • Identity Proof: A valid national identity card or passport.
  • Proof of Address (if this information does not appear on the identity document) dated less than 6 months issued in French, German, Luxemburgish or English such as:
    • A certificate of residence issued by the municipality you live in (or an official document from the regional authority responsible for confirming residential addresses);
    • A declaration on honor from the person concerned, stamped or countersigned by the regional authority responsible for confirming residential, addresses, an embassy, a notary, a police station, and
    • If none of the above-mentioned documents can be produced, then a water, electricity, gas or internet bill may be provided.

Documents in languages other than French, German, Luxembourgish, or English require a simple (non-sworn) translation.

Failure in providing or requesting an LNIN will result in a restriction on future RCS filings for the associated entity.

 

3. Explanatory Brochure issued by the RCS

For further details please refer to the explanatory brochure issued by the LBR and available under the following link: 

https://www.lbr.lu/mjrcs/jsp/webapp/static/mjrcs/fr/mjrcs/pdf/formalisme_depot_nouveaute.pdf

 

4. Contact us

For any questions or assistance regarding these new formalities, please do not hesitate to contact Grant Thornton Luxembourg's experts at the following email address: corporate@lu.gt.com

 

 

Disclaimer

This publication is only intended to provide general information and highlight certain aspects of this new RCS requirement and should not be construed otherwise. Grant Thornton (Luxembourg) may not be liable for any damage resulting from the above information.