A foundation may amend its articles of association after being created.
If the founder has not specified the conditions in which the articles of association may be amended, the foundation must first file an application for approval to amend its articles of association with the Minister of Justice. The application must include the draft notarial deed (authentic instrument) which sets forth the desired amendments to the articles of association.
To be considered valid, the amendments to the foundation's articles of association must first be sanctioned by Grand Ducal decree.
Once approved by the Minister of Justice, the amendments to the foundation's articles of association must be formalised in writing in an authentic instrument (notarial deed).
Any further amendments to the articles of association must be approved by the Minister of Justice.
Any foundation wishing to amend its articles of association after its creation.
The draft notarial deed amending the foundation's articles of association must be filed with the Minister of Justice for approval by Grand Ducal decree.
The application can be submitted:
The procedure on MyGuichet.lu can be accessed with authentication using a LuxTrust product or an electronic identity card (eID).
Two scenarios are possible:
You can consult the help section on MyGuichet.lu.
Once the Minister of Justice has received confirmation that the amendments have been sanctioned by way of a Grand Ducal decree, the notarial deed amending the articles of association must be published in its entirety in the Luxembourg Trade and Companies Register (Registre de Commerce et des Sociétés – RCS).
To do this, the foundation must file the following with the RCS:
Demande de modification statutaire : ASBL reconnue d’utilité publique & Fondation