August 4, 2010, 3:17 pm
BridgeWest
Establishing a company in Luxembourg could prove to be quite profitable, as entrepreneurs can benefit from the tax advantages of the country, the well organized business structure and prosperous economy. Another advantage consists of the recognized well treatment for foreign investors.
Preliminary activities before registering joint stock and limited liability companies in Luxembourg
Prior to registering a joint stock company in Luxembourg, or a limited liability company, there are a few steps that must be followed by the entrepreneurs. The founders of either company must open a bank account in the name of the company and deposit the minimum capital requirement. The account must be blocked by the bank which will remit a blocking certificate. After the delivery of a certified copy of the deed of incorporation the bank account is unblocked. Another step consists of verifying the uniqueness of the company name with the Trade and Companies Register. In Luxembourg commercial activities require an establishment permit which is issued by the Ministry of Middle Classes. In order to obtain this permit, the entrepreneurs must file an application form and submit the articles of association, educational proof of abilities, diploma or certificates from educational institutes, and other copies after identification card of the applicant, and police record.
Registering joint stock and limited companies with the Commercial Register in Luxembourg
In Luxembourg the company registration process is done with the help of a public notary. The notary registers the statutes with the tax administration at the Registry one-stop shop and incorporates the company within the Commercial Registry. For this procedure the founders must provide the public notary with the articles of association, the certificate from the bank and the business license. The Commercial Registry informs the Official Gazette of the company formation within two months of registration. Registration is completed in 24 hours and the Commercial Registry provides an official registration identification number. Entrepreneurs also apply for VAT and social security at the one-stop shop.
Unblocking the bank account and the foundation capital
After registration with the Luxembourg Commercial Registry is completed the notary public issues a release certificate that proves the company's existence and the identity of the incorporators. This certificate is sent to the bank in one day time.
Setting up a company in Luxembourg from abroad
In Luxembourg foreign investors have to obey the same rules and benefit from the same advantages as national entrepreneurs. The government of Luxembourg encourages foreign business activities, and since the company is incorporated and set by a notary public, the process of registration is simple and requires minimum effort. A permanent office located in Luxembourg is not necessary, nor is the presence of the entrepreneur. The minimum registration requirements include an assignee and certified signatures, which can be submitted electronically.
How long does it take to establish a company in Luxembourg?
The overall process is somewhat simple and each procedure is basically completed in one to two days, except applying for a business permit which is done in a maximum of 20 days and registration at the Commercial Register which takes 4 days. A Luxembourg company is created in approximately 25 to 30 days.
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