A non-profit association (ASBL) recognised as a public interest organisation can amend its articles of association after its founding.

Before doing so, it must file an application for approval to amend its articles of association with the Minister of Justice.

When filing its request for approval, the ASBL that has been recognised as a public interest organisation must include the draft notarised legal instrument (authentic instrument) setting forth the desired amendments to the articles of association.

In order to be valid, the amendments to the public-interest ASBL's articles of association must be approved by way of a Grand-Ducal decree.

Once approved by the Minister of Justice, the amendments to the public-interest ASBL's articles of association must be formalised in writing in an authentic instrument (notarial deed).

Any further amendments to the articles of association must first be approved by the Minister of Justice.

Who is concerned

Public-interest ASBLs wishing to amend their articles of association after their creation.

How to proceed

Amendments to the articles of association

Filing the application for approval of amendments to the articles of association

The draft notarial deed amending the public-interest ASBL's articles of association must be filed with the Minister of Justice for approval by Grand-Ducal decree.

The application can be submitted:

• on plain paper; or
• online through MyGuichet.lu or the MyGuichet.lu mobile application (see 'Forms / Online services' below).

If the amendments to the articles of association affect the public-interest ASBL's purpose, the Minister of Justice will be guided by the advice of the Minister of Finance in their decision as to whether to approve the changes.

The procedure on MyGuichet.lu can be accessed with authentication using a LuxTrust product or an electronic identity card (eID).

How to create a business eSpace on MyGuichet.lu

Two scenarios are possible:

• The person submitting the application is a new user on MyGuichet.lu and does not yet have a personal eSpace. The creation of the eSpace is done in 2 steps:
  1. Registration of the user;
  2. Creation of a business eSpace.

  A tutorial in the form of a video or a PDF document is available to guide you.

• The person filing the application is already a MyGuichet.lu user and already has a private eSpace: they will need to create a new business eSpace.

  A tutorial in the form of a video or a PDF document is available to guide you.

You can consult the help section on MyGuichet.lu.

Filing and publication of the amendment to the articles of association

Once the Minister of Justice has received confirmation of approval by way of a Grand-Ducal decree, the notarial deed amending the articles of association must be published in its entirety in the Trade and Companies Register (RCS).

To do this, the ASBL must file the following with the RCS:

• the notarial deed amending its articles of association; and
• the Grand-Ducal decree approving the amendment.

Forms / Online services

Who to contact