The Register of Commerce and Societies (RCS) (the Commercial and Companies Register) is an official register of all natural and legal persons involved in the economic life of Luxembourg and other persons subject to the Act of 19 December 2002, as amended. The Luxembourg company registration process is required for most legal structures chosen to incorporate in Luxembourg.
The RCS is subordinate to the Minister of Justice. The administration of the RCS is carried out by the Minister of Justice of the Economic Interest Grouping, which includes the State, the Chamber of Commerce and the Chamber of Crafts.
This register exists since 1909. It has been under the jurisdiction of the Minister of Justice since 2003 and is managed on its behalf by the GIE RCSL economic interest group. Since then, the register is completely converted to EDP. The documents deposited with the RCS since 1 January 2006 are systematically digitized and can be viewed on the website. The documents deposited since the founding of the RCS in 1909 are digitized and gradually made available to the public. The RCS will then be fully electronically viewable.
The RCS has the tasks of ensuring the secure identification of persons, whose registration is required by law by maintaining an up-to-date register, creating a safer business framework and providing information for other interested parties regarding the information provided for Luxembourg company registration.
The Luxembourg Commercial Register record two types of data – one the one hand personal and legal data such as the company name, its purpose, the share capital, the composition of the board of directors, auditors, persons who have signing authority and on the other hand annual financial statements.
Are there any costs related to the Luxembourg company registration process?
The access to the files available in the Commercial Register is free of charge. The following basic information can be obtained free of charge by accessing the website of the Registre de Commerce et des Sociétés (RCS): the registration number, the date of registration, the company name, the legal form, the address of the registered office in Luxembourg, and the list of documents deposited with the register since 2006.
For a fee, other type of information is available, for ax example an excerpt with all current data that a person or company must deposit with the Commercial Register and an electronic copy of the deposited with the register.
For companies or persons that are required to register for business purposes in Luxembourg, certain fees are applicable.
How to search for a company in the Luxembourg Commercial Register?
The Commercial Register serves not only for Luxembourg company registration purposes, but also to help entrepreneurs and companies to search for information regarding business partners, sellers, vendors or suppliers, in order to ensure transparency.
The database of the Register of Commerce and Societies (RCS) can be consulted on the basis of the following criteria: the name or partial name of the company registered in Luxembourg or the registration number of the company. This information is necessary to search for all the registered companies that match the search.
The following information regarding Luxembourg company registration are available for free when performing a search in the register: the registration number, the date of registration, the name of the company, its legal form, the address of the registered office in Switzerland and the documents deposited by the company with the register since 2006.
How reliable are the documents deposited with the register?
Pursuant to the Law of 10 August 1915 on commercial companies, the documents or excerpts may be appealed to third parties only from the date of their publication in unless the company declares that the third parties in question knew them before. Third parties may, however, invoke unpublished documents or excerpts.
In the event of a discrepancy between the deposited text and the text published in the Mémorial – Sociétés et Associations, the latter can’t be held against third parties. However, third parties may rely on it, unless the company proves that said third parties were aware of the deposited text.