Professional integrity
Last update
Commercial, craft and industrial activities, as well as certain liberal professions, are subject to a business permit.
To obtain this business permit, the manager of the business in whose name the business permit will be issued must provide proof of their professional integrity. If the business is operated as a company, the person who holds the majority of the shares, as well as anyone who can exert a significant influence on the management or administration of the business, must also provide proof of their 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
- Business operated by a natural person
- Business operated by a company
The conditions of professional integrity must be fulfilled by professionals carrying out the activity in their own name.
The conditions of professional integrity must be met by:
- the managing director of the company (i.e. the natural person responsible for day-to-day management);
- the majority shareholder; and
- anyone who can exert a significant influence on the management or administration of the business.
Prerequisites
Professional integrity is based on the applicant's criminal record (only for the past 10 years) and on any elements brought to light by an administrative investigation.
You do not meet the conditions of professional integrity in the following cases in particular:
- you have used an intermediary in the management of a business or you have acted as an intermediary;
- you have made false statements or used forged documents to apply for a business permit;
- you have failed to comply with your filing and publication obligations in the Trade and Companies Register at least 2 times over the last 3 financial years;
- you have persistently failed to make the compulsory entry in the Register of Beneficial Owners over a period of at least 6 months;
- your business has accumulated substantial debts to public creditors as a result of bankruptcy or compulsory liquidation;
- you have been definitively sentenced to a criminal or correctional penalty for an offence related to the activity carried out or to be carried out;
- you have not filed direct tax returns (including withholding tax returns) for 2 subsequent financial years within a 3-year period;
- you have concealed part of the business' liabilities or exaggerated its assets to the person who is to be the holder of the business permit.
If you have been involved in a bankruptcy or compulsory liquidation without your professional integrity having been tarnished, you may be entitled to a new chance if the causes of the bankruptcy or compulsory liquidation fall within the cases covered by the law.
How to proceed
- Resident for more than 10 years
- Non-resident or resident for less than 10 years
To provide proof of your professional integrity as a person who has been resident in Luxembourg for more than 10 years, you must enclose the following with your application for a business permit:
- a declaration of honour concerning any management positions held in businesses during the 3 years prior to the application, including:
- management positions held in a Luxembourg company; and/or
- the ownership of shares 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.
To provide proof of your professional integrity as a person who has been resident in Luxembourg for less than 10 years, you must enclose the following with your application for a business permit:
- 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 in time and space) made before a notary.
This sworn statement must state that the applicant has not been involved in the bankruptcy of a business in their own name, or in the bankruptcy of a company; - An extract from the criminal record or equivalent (certificate of good conduct) issued by the State(s) in which you have resided during the 10 years preceding the application (failing this, 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.
Online services and forms
Who to contact
-
Chamber of Skilled Trades and Crafts Contact Entreprise
- Address:
-
2, circuit de la foire internationale
L-1347
Luxembourg-Kirchberg
Luxembourg
B.P. 1604, L-1016
- Email address:
- contact@cdm.lu
- Website:
- http://www.cdm.lu/
-
House of Entrepreneurship
- Address:
- 14, rue Erasme L-1468 Luxembourg Luxembourg
- Phone:
- (+352) 42 39 39 330
- Email address:
- info@houseofentrepreneurship.lu
Open Closes at 17.00
- Thursday:
- 8.30 to 17.00
- Friday:
- 8.30 to 17.00
- Saturday:
- Closed
- Sunday:
- Closed
- Monday:
- 8.30 to 17.00
- Tuesday:
- 8.30 to 17.00
- Wednesday:
- 8.30 to 17.00
-
Ministry of the Economy General Directorate for SME, Craft and Retail (Department for Authorisations of Establishment)
- Address:
-
Luxembourg
PO box 535 / L-2937 Luxembourg
- Phone:
-
(+352) 247 74 700
Monday to Friday from 9.00 to 12.00 and from 13.30 to 16.30 (except on public holidays)
- Email address:
- info.pme@eco.etat.lu
- Website:
- https://meco.gouvernement.lu/en.html
Related procedures and links
Procedures
Links
Further information
Publications
of the Chamber of Commerce
Legal references
réglementant l'accès aux professions d'artisan, de commerçant, d'industriel ainsi qu'à certaines professions libérales
