Establishing a business or taking over an existing business requires certain administrative formalities and permits. It is also necessary to define the company's legal structure as well as its objects, that is, the type of activity it will undertake. It is therefore ideal to address these issues as early as possible, since they will define the launch of the business and might also influence the granting of financial aid.

Before being able to start, any business, regardless of its nature, (i.e. commercial, skilled crafts, industrial or liberal professions) needs a business permit. This permit is personal and relates to the manager. The activities of the future business must be described in detail, as the legal requirements vary based on this. Applicants must also hold proof of their honest intentions.

In addition, any production company must request an operating permit (Commodo/Incommodo). This corresponds and is subject to strict regulations and standards, such as environmental protection and the safety of workers, and requires the filing of an extensive application.

Choosing the legal structure of the business is a fundamental decision. In order to select the best option, the following questions have to be addressed:

• What will the activities of the company be?
• Which size of the company is expected?
• What kind of investors will the company have?
• What will the impact be on the entrepreneur’s personal life and assets?

There are 6 different legal forms for a company in Luxembourg. The 2 most common ones are the limited liability company (Société à responsabilité limitée, Sàrl), which requires a minimum capital of €12,500, and the limited company (Société Anonyme, S.A.), which requires a minimum capital of €31,000.

Information for entrepreneurs

The government portal "Guichet Entreprises" provides extensive information on establishing or taking over a company. The information concerns, for example, access to the business permit, corporate legal forms, incorporation and registration of the company, the initial declaration to the social security authorities as well as to the tax administrations.

The "Espace Enterprises" information centre of the Chamber of Commerce is a one-stop shop available for those who would like support with all administrative procedures that need to be undertaken when starting or developing a company.

The Contact Enterprise of the Chamber of Trades offers personalised assistance and advicefor the setting upof  a business by helping them prepare their business projects and supporting them with the various administrative steps.

The Guichet Unique SME offers free assistance for small and medium-sized enterprises (SMEs) based in the north of Luxembourg and for people setting up companies in this region.