Commercial, craft and industrial activities, as well as certain liberal professions, are subject to a business permit.
In order to obtain a business permit, the person responsible for managing the business as well as the majority partner/shareholder must namely satisfy the conditions of professional integrity.
Professional integrity aims to guarantee the integrity of the profession and to protect future contracting partners and clients. It is checked by the General Directorate for Small and Medium-Sized Enterprises at the time the business permit application is submitted.
Who is concerned
The conditions for professional integrity must be satisfied by the person responsible for managing or administering the business, i.e.:
- if the business is run by a natural person:
- the professional operating under his own name;
- if the business is run by a company (legal person):
- the legal representative (business manager or director) of the company or its authorised agent (called the gérant-technique (technical manager) in a limited liability company (SARL) or directeur-technique (technical director) in a public limited company (SA));
- and the majority shareholder and any person having significant influence on the management of the business.
Professional integrity is based on the applicant's judicial history (only for the past 10 years) and on the elements brought to light by an administrative investigation.
Applicants previously involved in bankruptcies or compulsory liquidations without damage to their professional integrity may apply for a new permit provided they take accelerated training in business management with the competent business chamber.
How to proceed
Resident for more than 10 years
In order to provide proof of the professional qualifications, applicants residing in Luxembourg for an uninterrupted period of more than 10 years must attach the following to their business permit application:
- a declaration of honour concerning any management positions held in businesses during the 3 years prior to the application, including:
- the management positions held in a Luxembourg company, and/or;
- shares held in a Luxembourg company, and/or;
- the fact of having had significant influence over a business;
- an extract from the Luxembourg criminal record no. 3.
Non-resident or resident for less than 10 years
In order to provide proof of the professional qualifications, non-resident applicants or applicants residing in Luxembourg for less than 10 years must attach the following to their business permit application:
- a declaration of honour concerning any management positions held in businesses during the 3 years prior to the application (see above);
- a declaration of non-bankruptcy (recent and unlimited) before a notary.
This sworn declaration must state that the applicant has not been involved in the bankruptcy of a business in his own name, or in the bankruptcy of a company;
- an extract from the criminal record (record no. 3) or equivalent (certificate of good conduct) issued by the state(s) in which the applicant has resided during 10 years prior to the application (including, where applicable, an extract from the criminal record in Luxembourg).
Failing that, an affidavit (sworn statement);
- an extract from the Luxembourg criminal record (record no 3) if the person is already working as a salaried worker or carrying out a self-employed activity in Luxembourg.