Domiciliation is defined as the provision of services by a third party, associated with the establishment of a registered office by a company in Luxembourg. This type of third party is regarded as the company's domiciliation agent.
Luxembourg domiciliation agents are regulated under the amended law of 31 May 1999 regarding domiciliation of companies (the "Domiciliation Law").
Furthermore, Article 1 of The Luxembourg Domiciliation Law states that only members of certain professions may act as a domiciliation agent for a company. These are:
a credit institution or other professional of the financial sector and the insurance sector;
an attorney-at-law/European lawyer practising under his country of origin professional title;
a statutory auditor;
chartered accountants.
However, this provision does not apply to the following situations:
domiciliation of a company in Luxembourg at the same address as a natural person who is a partner with a significant influence over the conduct of the company's affairs;
domiciliation of a Luxembourg investment company, or of any other undertaking for collective investment having the legal form of a commercial company, with a management company of undertakings for collective investment;
domiciliation of a Luxembourg management company of undertakings for collective investment or an advisory company of undertakings for collective investment with another management company of undertakings for collective investment; and
domiciliation of a company with a company belonging to the same group.
In addition to the provisions laid out in Luxembourg domiciliation law, domiciliation agents must also notably comply with:
Provisions of anti-money laundering legislation and in particular the Law of 12 November 2004 as amended on the fight against money laundering and the financing of terrorism;
Law of 10 August 1915 as amended on commercial companies;
Law of 2 August 2002 as amended on processing of personal data; and
Law of 28 December 1988 as amended on right of establishment and regulating the access to some professions.
Creatrust is a domiciliation agent in accordance with the law of 31 May 1999, which governs company domiciliation.
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