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    Which data has to be filed with the RCS ?

    The document «General information regarding ASBL» provides information on the data to enter and the documents to file with the RCS.

    Filing electronically

    Filing with the RCS is done electronically.

    For formalities regarding the electronic filing, the authentication on the LBR website, for identification purposes of the presenter, has to be done via a LuxTrust product (“LuxTrust Smartcard”, “LuxTrust Signing Stick”, “LuxTrust Certificate Signing Server”...) delivered by the company “LuxTrust S.A”.

    For more information on LuxTrust products, please refer to the page http://products.luxtrust.lu.

    For more information on electronic filing, please refer to the document «Handout for filing electronically».

    If you do not have the necessary technical means, the LBR provides an assistance office where you can take an appointment by contacting the helpdesk at 26 42 81

    The filing requests done via the assistance office are subject to a fee as per annex J of the modified Grand-Ducal regulation of the 23rd of January 2003 applying the Law of the 19th of December 2002 on the Trade and Companies Register as well as the accounting and the annual company accounts

    Registration
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      Registration

      The form is to be presented to the RCS along with the Constituting Act, either private or notarized. The private document for publication is recorded by the RCS manager when it is filed.

      Requisition form

      The requisition form has to be fully and duly completed.

      Modification of the statutes triggering the modification of data registered with the RCS
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        Modification procedure

        The modification of statutes needs to be attached to the form. The document is recorded by the RCS manager when it is filed.

        Please note that several modifications can be registered with the RCS via one single form (for example: modification of the head office and several members of the management board)

        The requisition form

        The requisition form has to indicate the exact modification(s) in a complete and exact manner.

        Modification of the statutes which do not trigger the modification of data registered with the RCS
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          Modification procedure

          If the information which needs to be modified does not need to be registered with the RCS (for example the amount of the contributions or the date of reunion of the general assembly), only the modification of statutes has to be filed with the RCS for publication. The document intended for publication is recorded by the RCS manager when it is filed.

          Non statutory modification, concerning the data to be registered with the RCS
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            Modification procedure

            The form is to be filed alone, no publication is required.

            Please note that several modifications can be registered with the RCS via one form (for example: modification of the head office and several members of the management board).

            Management board members

            Please note that the registration, the modification or the deletion of members of the management board are to be registered with the RCS via requisition form.

            The requisition form

            The requisition form needs to provide exact and complete information on the modification(s) which need to be done.

            Deletion
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              Deletion procedure

              The deletion form needs to be filed with the RCS.

              The extract of the decision, stating the allocation of goods following the closure and the deletion of the ASBL needs to be attached to the form.

              The requisition form

              The requisition form needs to be fully and duly completed.

              ASBL member list
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                Filing procedure

                The ASBL member list needs to be filed with the RCS (Art. 10 of the modified Law of the 21st of April 1928 on associations and non-profit foundations). It has to indicate, in alphabetical order, the names, first names, address and nationality of the ASBL members.

                The member list has to be recorded when filed but not published.

                Annual accounts
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                  Filing procedure

                  With regards to article 16 of the modified Law of the 21st of April 1928 on associations and non-profit foundations.

                  Under certain conditions, the annual accounts of the ASBL are to be filed with the RCS.

                  Article 16 of the modified Law of the 21st of April 1928 states that donations exceeding 30.000 euros for the profit of an ASBL are effective only if they are authorized by the Grand-Ducal order. This authorization requires the filing of annual accounts with the RCS.

                  No publication is required.

                  ASBLs of public utility have to file their accounts.