Whatever the type of SARL concerned, some conditions are required. Commercial, craft and industrial activities, as well as certain liberal professions which are mainly intellectual in nature, are subject to a business permit (autorisation d’établissement or autorisation de commerce). This business permit is granted only to the person responsible for the operation or management of the business.
Three conditions must be fulfilled in order to obtain a business permit. The business has a fixed physical installation in Luxembourg, that includes an infrastructure suitable for the nature and scale of the concerned activity. The so-called “letterbox companies” are forbidden.
The person responsible for managing the business as well the majority partner or shareholder and any person having significant influence on the operation or management of the business – the same person in the case of a single-member SARL – must satisfy the conditions of professional integrity. The General Directorate for SMEs and Entrepreneurship will verify the professional integrity at the time the business permit application is submitted. The non-resident applicants or applicants residing in Luxembourg for less than 10 years must proof their professional integrity by providing a sworn declaration concerning any management position held in businesses during the 3 years prior to the application, a declaration of non-bankruptcy before a notary and an extract from the police records or equivalent.
The applicants must proof their professional qualification in line with their activity by attaching to their business permit application a copy of their degrees or diplomas, a certificate of professional experience in the same branch of activity or a document certifying the successful completion of a training in management skills organised by the House of Training (co-founded by the Chamber of Commerce) or the Chamber of Craft Trades (Chambre des Métiers) if you are a craftsman.
In short, creating a SARL is not complicated. If you are still hesitating or have some more questions, the Chamber of Craft trades and the House of Entrepreneurship of the Chamber of Commerce can provide you support and assistance. Your banker too can give you some useful pieces of ad