Modernisation Of The Luxembourg Legal Publication Regime

As from today, the Luxembourg legal publication regime is modernised and simplified. This is the third and last step towards the modernisation of the Luxembourg Trade and Companies Register (RCS) initiated a few years ago, which clearly optimizes a number of filing and publication procedures, which were rightfully deemed sometimes cumbersome and lengthy.

A user friendly and efficient one-stop shop is now put in place for legally required publications in Luxembourg, whose most salient aspects are outlined below:

A new electronic platform (RESA) replaces the historic Mémorial C

The RESA is now live and available on the RCS website and entails the end of the Mémorial C. The latter will definitively disappear once all documents filed for publication before 1 June 2016 will have been duly published (at the latest on 31 August 2016).

The RESA works as follows:

Publications are free of charge (filing fees remain unchanged); In principle, the publication date is the filing date with the RCS. Applicants may however choose a specific publication date, which may not exceed 15 days starting from the filing date; Convening notices for shareholders' meetings must be filed with the RCS before being published through the RESA. Helpfully, applicants can elect their (respective) publication date(s) (within the limits set by the law); Consultations on RESA of documents from 2003 onwards are free of charge; Such consultations can be made via the new electronic publications system (journal des publications électroniques) available on the RCS website, which is generated daily and uploaded every calendar day (including week-ends, public and bank holidays); Automated cross filings to ensure coherence of the data filed: a number of new filings attaching to a company will now automatically be reflected in the records of its relating entities registered at the RCS. It is therefore advised to follow a chronological order for filings; Certain publications, such...