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How to obtain a business permit
Step-by-step instructions on how to complete all necessary documents.
With some exceptions, any economic activity carried out on a regular basis requires prior authorization to conduct business. We will review the basic requirements and procedures for obtaining a permit.
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Timeline for obtaining a business permit
Determine if you need a permit
Up to 4 monthsExplore your rights and responsibilities
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Prepare and submit documents
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Explore your rights and responsibilities
As mentioned above, a business license is required for almost all entrepreneurs. However, it is still worth mentioning the specific legal requirements.
A business permit is definitely required if you or your company is engaged in any of the following types of business:
- Commercial activities. This includes trade, industry, transport, services, HORECA (hotels and restaurants) and others.
- Craft activities. Handicraft activities include not only handmade goods, but also entertainment, works of art (created for sale), and so on.
- Authorization may also be required for liberal professions.
There are some exceptions to the general rule. Before discussing them, we recommend that you check the official list of free professions, as the exceptions are often related to them.
Self-employed sales agents
They are authorized to do business as a merchant. It is important to understand that the employees they employ are exempt from obtaining a permit.
Lawyers, doctors, dentists, veterinarians and auditors
Although these professions are free professions, they are subject to different laws. For example, to work as a doctor or dentist in Luxembourg, you will need a license.
Intellectual service providers
Must apply for a business permit if their occupation is not listed as an available occupation.
Merchants
Provided that they sell what they make, as well as items purchased for non-commercial purposes. Such people are not considered professionals, but they are required to obtain a business license if they want to trade at fairs or have their own website.
EU enterprises
If they provide one-time or temporary services. However, prior notification to the Office of Small and Medium Enterprises is required.
Third-country nationals
If they wish to settle in Luxembourg as a self-employed person, they need to apply for a business permit together with an application for a temporary residence permit.
Journalists and authors
Provided that they are not engaged in self-publishing.
School projects
If they involve commercial activities for educational purposes but do not generate an annual turnover of 35,000 euros or more excluding tax.
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In addition, the following requirements must be met in order to obtain a business license:
Professional integrity
In order to start a business in Luxembourg, an entrepreneur or a company must prove that its activities are honest and that future clients and counterparties will be protected. For this purpose, it is necessary to fill in a declaration of honour.
Declaration of honour
PDF
The statement shall be written and completed in English
EN
FR
LU
The statement shall be written and completed in English
DownloadProfessional qualification
Qualifications must be relevant to the proposed position. Confirmation is required for:
- Members of the liberal professions who require a business license.
- Artisans who are not listed as C.
Establishment in Luxembourg
A business permit can only be obtained if there is a physical facility in the Grand Duchy that is part of the infrastructure and meets the goals and objectives of the business.
Effective and permanent management of the business
The business owner must be physically present at the business at all times to effectively manage the business and must also be directly involved in the activities being conducted.
Compliance with tax and business obligations
The permit applicant must be in good standing with the tax authorities, both in their current business and in previous businesses where they have worked or managed.
Articles of association
Last but not least, the company's Articles of Association must be registered with the Registrar of Trades and Companies (RCS).
To obtain a business permit, you must fill out an application form. It is preferable to do this on the MyGuichet portal, as the system will give you hints and allow you to correct any fields you have filled in incorrectly. In addition, the electronic wizard will determine the list of additional documents.
If you wish to prepare additional documents in advance, please note that the list depends on the type of activity and the period of residence in Luxembourg. You can customize the display by using the filters at the top of this guide.
Additional Documents for Commercial Activities
Something's missing
Make sure you have all the dociments.
*The mandatory items are marked with red asterisks.
Request for permit + declaration of honour
To be completed on the Guichet website. An example of the declaration of honor can be found in step 1
Certificate of payment of the government fee of 24 euros
A copy of the bank transfer to the account BCEE LU76 0019 5955 4404 7000 du bureau de Diekirch - recette-droits de timbre will suffice. The payment must include the applicant's name, first name and home address and be marked "autorization d'établissement"
Draft articles of association of the company
If registered on the territory of Luxembourg
Copy of diploma/certificate
Or other proof of professional training
Copy of identity card and residence permit
The quality of the photocopy should be as good as possible
Certificate of no criminal record
*If the period of residence is less than 10 years. Bulletin No. 3, recently issued
Certificate of absence of criminal record from other countries
*If the period of residence is less than 10 years. Documentation from all countries where the applicant has lived in the last 10 years is required
Bankruptcy petition (not older than 6 months)
*If residency is less than 10 years. Must include information on all bankruptcies in which the applicant has been involved in any way. The existence of bankruptcies does not automatically mean a denial
Something's missing
Make sure you have all the dociments.
*The mandatory items are marked with red asterisks.
Once all the documents have been collected, the application can be sent. If you filled it out on the MyGuichet website, there should be no problem. If you prefer the printed version, you should mail it with all the documents to the SME Office.
The application, if properly completed and submitted with all required documentation, will be processed for up to 3 months. During this time, you may receive a positive or negative response.
If the decision is positive, you may proceed with your business activities. You may appeal the denial within the legal framework and time limits. A denial is considered an administrative decision, so both informal and judicial remedies are available.
If you don't receive a response within 3 months, it automatically means approval.
The completed permit will be sent to you online via the MyGuichet platform.
The permit includes a bar code that must be included on letters, emails, websites, proposals, invoices, and window displays at all retail locations, as well as on signage that must be posted at all construction sites.
A business permit that has already been obtained can easily be revoked. There is a whole list of offenses that will lead to this:
- If the owner does not report a change of residence within 1 month.
- If the activity has not been conducted for more than 2 years from the date of issuance of the permit.
- If the applicant has voluntarily ceased operations for more than 2 years.
- If the business has been liquidated.
- If the business is bankrupt.
- If the applicant has lost business integrity.
- If there are no guarantees for the package holiday and associated travel arrangements.
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The licensee is also required to notify the regulatory authorities in a timely manner in the following cases
- If there is a change or expansion of the company's facilities.
- If the company has a change in the director who has submitted the qualifications and declaration of honor.
- If the company opens a branch office.
- If the company moves. In this case, a new lease agreement is required.
- If the company opens or closes a retail store.
Frequently Asked Questions (FAQ)
Do I need a lot of documents to obtain a permit?
Actually, the list is not very long, but remember that the exact number of documents depends on the nature of your activity and the length of your stay in Luxembourg. If you have been a resident for less than 10 years, you may need additional documents.
Can I obtain a permit after bankruptcy?
Yes, you can. Of course, if you have a history of bankruptcy, the Commission will take a closer look at your application, but the mere fact of bankruptcy does not mean an automatic rejection.
What is the best way to apply?
As with most administrative applications, it is recommended that you use the online form on the MyGuichet portal. However, you can also send a printed version by mail.
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