Criminal Record Certificate in Luxembourg for a Business Permit
Which criminal record certificate in Luxembourg does a business permit take? If you have lived in Luxembourg for more than 10 years, the Luxembourg bulletin n° 3; if not, an extract from each country you lived in over the last 10 years and a notarial non-bankruptcy declaration, plus bulletin n° 3 if you already have a Luxembourg national ID number. Guichet.lu and the application form set this list.
These documents prove your professional integrity (honorabilité professionnelle), one of the conditions for a business permit (autorisation d’établissement). Guichet.lu’s page on professional integrity says the Ministry of the Economy checks it on application. Your record need not be spotless: the law of 2 September 2011 counts only certain facts from the last 10 years.
Which documents do I need for my situation?
What the file takes turns on whether you have lived in Luxembourg for more than 10 years. If you have, Guichet.lu asks for bulletin n° 3 and the declaration of honour. If not, or if you live abroad, it asks for the declaration of honour, a notarial non-bankruptcy declaration and an extract from each country you lived in over the last 10 years; the application form adds bulletin n° 3 if you already have a Luxembourg national ID number (matricule).
The regulation of 1 December 2011, article 2(4), requires the 10 years to be continuous; section 6 of the form wants the three dated documents under 6 months old.
| Document | More than 10 years in Luxembourg | Under 10 years, or non-resident |
|---|---|---|
| Luxembourg bulletin n° 3 | Yes, under 6 months old | If you have a matricule, under 6 months old |
| Extract from each country you lived in, last 10 years | No | Yes, under 6 months old; failing that, an affidavit (sworn statement) |
| Notarial non-bankruptcy declaration | No | Yes, under 6 months old |
| Declaration of honour (form, section 4) | Yes | Yes |
The form names bulletin n° 3, the « classique » extract on Guichet.lu’s extract page, not n° 4 or n° 5.
The rest of the file is in our guide to applying for a business permit; every permit guide sits under business permit.
How do I request bulletin n° 3 of the Luxembourg criminal record?
Bulletin n° 3 is free, and the Service du casier judiciaire (Criminal Records Department) issues it online, by e-mail, fax or post, or in person in Luxembourg City, Guichet.lu’s extract page says:
- Online: sign in to MyGuichet.lu with a LuxTrust product or an electronic identity card. Your own extract needs no supporting document and arrives as a PDF in « Mes communications ».
- By e-mail, fax or post: a free-form letter or the service’s form, with a legible copy of your identity card, passport or residence card. The extract comes by post.
- In person: at the desk in Luxembourg City, you receive it on the spot.
The extract is in French. Justice.public.lu gives the desk’s address, 35 rue de Bonnevoie, Luxembourg, and the e-mail casier.judiciaire@justice.etat.lu; letters go only to Cité judiciaire, Plateau du St-Esprit, L-2080 Luxembourg.
Non-resident: which criminal record do I request, and from whom?
As a non-resident, you request a criminal record extract, or a certificate of good conduct, from the competent authority of each country you lived in during the 10 years before your application, Guichet.lu says.
- List the countries you lived in during those 10 years, today’s included.
- Ask each one’s competent authority for its extract or certificate.
- Check the date: each must be under 6 months old.
- If a country issues neither, the 2011 regulation accepts an equivalent document or an affidavit instead.
- If you already have a Luxembourg matricule, add bulletin n° 3, as the form asks.
A certificate of no criminal record issued to an EU citizen by their country of nationality needs no apostille or legalisation under Regulation (EU) 2016/1191, and no translation with the EU’s multilingual standard form, if the Ministry finds that form sufficient.
Copies are accepted, though article 3 of the 2011 regulation lets the Minister ask for the original of an unclear or doubtful copy.
Ask each country how long its extract takes and order the slowest first: every extract must be under 6 months old.
What is the notarial non-bankruptcy declaration?
The notarial non-bankruptcy declaration is a statement you swear before a notary, under 6 months old and « illimitée dans le temps et dans l’espace » (unlimited in time and space), the application form says. It reports every bankruptcy you were involved in: in your own name, as a manager, or as someone able to significantly influence a company’s management.
Only residents of under 10 years and non-residents give it. Guichet.lu says the notary can take it in Luxembourgish, French, German or English.
Listing a bankruptcy is no automatic refusal, says Guichet.lu’s checklist for a commercial activity. The 2011 regulation also accepts an official non-bankruptcy certificate covering the whole country concerned instead; the form names only the notarial declaration.
What goes in the declaration of honour?
The declaration of honour is section 4 of the application form: you declare any management role, majority shareholding or significant influence over a company’s management in the 3 years before the application, or tick the box for none. Every applicant gives it; bankruptcies belong in the notarial declaration.
In section 3 of the form, you either let the Ministry look into your files, and those of companies you manage, managed or influenced, at the AED (VAT), the ACD (direct tax) and the CCSS (social security), or attach those certificates yourself.
In a company, the other managers and the beneficial owners fill in the supplementary declaration of honour and each add a bulletin n° 3 and an ID; our guide to applying for a business permit places it in the file.
What if I have a criminal record?
A conviction does not by itself bar you: the 2011 law counts a final conviction for an offence related to the activity, and only facts from the last 10 years. Its article 6 also counts, among others:
- significant public debts left by a bankruptcy or liquidation, not a bankruptcy as such;
- direct-tax or VAT returns missed for two consecutive years within three;
- a breach of a law or regulation so serious that the activity cannot be tolerated.
Article 4 separately bars evading social and tax charges, yourself or through a company.
After a bankruptcy that left your integrity intact, Guichet.lu says a « nouvelle chance » (fresh start) may be open if the law covers its causes.
Bulletin n° 3 itself omits some sentences, article 8-1 of the law of 29 March 2013 says, such as suspended prison sentences of up to 24 months and fines totalling up to €2,500.
For help with the application, Guichet.lu’s application page names the House of Entrepreneurship, by appointment, and the Ministry’s line, (+352) 247 74 700.
Frequently asked questions
Which criminal record certificate does a Luxembourg business permit need?
The Luxembourg bulletin n° 3, if you have lived in Luxembourg for more than 10 years. Otherwise, an extract from each country you lived in over the last 10 years and a notarial non-bankruptcy declaration, plus bulletin n° 3 if you already have a Luxembourg national ID number (matricule). Every applicant also gives the declaration of honour.
How do I request a Luxembourg criminal record certificate online?
Sign in to MyGuichet.lu with a LuxTrust product or an electronic identity card and request your extract from the Service du casier judiciaire. Bulletin n° 3 is free, needs no supporting document when the extract is your own, and arrives as a PDF under « Mes communications » in your MyGuichet.lu space.
Which criminal record does a non-resident provide?
An extract, or a certificate of good conduct, from each country you lived in during the 10 years before the application, issued by that country's own authority and under 6 months old. Where a country issues neither, an equivalent document or an affidavit replaces it. With a Luxembourg national ID number (matricule), the form also asks for bulletin n° 3.
Must the extract be under 6 months old?
Yes. The application form asks for the Luxembourg bulletin n° 3, each foreign extract and the notarial non-bankruptcy declaration under 6 months old. If you need extracts from several countries, ask each one how long its extract takes and order the slowest first, so that every document in the file is recent enough.
What is the notarial non-bankruptcy declaration?
A statement you swear before a notary, under 6 months old and unlimited in time and space, reporting every bankruptcy you were involved in: in your own name, as a manager, or as someone able to significantly influence a company's management. Non-residents and residents of under 10 years give it, and listing a bankruptcy is no automatic refusal.