What is the situation regarding insolvency registers in Luxembourg?
Luxembourg does not have registers for cases of insolvency. Courts making declarations of bankruptcy notify them to the business register, which enters the information in its database.
Is access to the Luxembourg bankruptcies list free of charge?
The list of declared bankruptcies is published on a monthly basis in Mémorial B (the administrative and economic digest) and may be consulted free of charge on Legilux, the Luxembourg Law Portal.
Moreover, the business register places a statistical package for public consultation free of charge on its internet site in the section entitled ‘Consultations - statistiques de dépôt’, providing information on declarations of bankruptcy which have been filed with the business register during a certain month. This information is available in the form of lists of filings made. The service also offers the facility of exporting this information in flat file format.
How to search the business register for information on bankruptcies in Luxembourg
1st method: It is possible to carry out a search via the business register Internet site (RCS) using the name (or part of the name) or the registration number of the person registered.
The search engine of the site then displays a list of names matching the search criteria.
On clicking on the name of listed persons, the following basic information is displayed free of charge:
- business register number,
- date of registration,
- legal form,
- registered office address,
- a list of documents filed since 2003,
- and bankruptcy if any.
2nd method: It is possible to perform a search via the business register Internet site (RCS)in the section entitled 'Consultations - statistiques de dépôt', using the statistical module providing information on declarations of bankruptcy that have been filed with the business register during a certain month.
3rd method: It is possible to perform a search via the Luxembourg Bar Internet site, in the 'Bankruptcies' section ('Faillites'), using the company name, the date of the bankruptcy judgment, or the name of the receiver (curateur).
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