Corrective filing
Definition and scope of a corrective filing
The corrective filing concerns any act or document, whether it be a notarial act, a private act, an extract from an act, a mention or any other document, aimed at correcting a material error appearing in a previously filed document.
This type of filing necessarily assumes that an initial filing has been made and that it contains a clerical error requiring correction.
Conditions of validity
For a corrective filing to be accepted by the RCS, the following conditions must be met:
1. Material error:
The corrective filing can only relate to material errors.
2. Clear identification:
The corrective document has to clearly and explicitly indicate that it incorporates a correction to a previously filed document.
3. References of the initial filing:
The filing number of the document already filed and to be corrected must be indicated on the corrective document that is the subject of the procedure.
Administrative principles
Once filed with the RCS, no documents is being destroyed or returned to the applicant. All documents filed, including corrections, are kept in the file of the entity concerned. The RCS does not remove any documents that have already been registered.
Corrective filings are subject to administrative fees.
By respecting these requirements, the corrective filing guarantees the accuracy and conformity of the information registered with the RCS.
Any request to correct the information entered in the RCS for a registered person or entity has to be filed with the RCS using the procedure Corrective filing.
The request has to be accompanied by the corrective document(s) whose publication is required by law.
In order to be able to proceed with their corrective filing, it is mandatory for the user to have authenticated themselves, either by LuxTrust electronic certificate, via the GouvID application, or by eIDAS certificate.
In order to facilitate the correction of the information registered with the RCS, the data entry form relating to the corrective filing is pre-filled with the data registered with the RCS at the time the request is made available.
After selecting this procedure, the user moves on to the next page where they are invited to select the filing to be corrected.
After selecting this procedure, the user moves on to the next page where they are invited to select the filing to be corrected.
The user thus has access to a list of filings showing all filings made with the RCS for the entity concerned.
Within this list of filings, the user has to select the filing to be corrected.
After identifying the filing to be corrected, the user confirms their choice by clicking on the link Make a correction for this filing in the Correct a filing column.
After selecting the filing to be corrected, the user moves on to the next page where they have to indicate the following choices:
1. Whether they wish to correct or supplement the information entered using the request for correction:
- By checking the box Yes, the user wishes to proceed with a rectification of the registered data.
- By checking the box No, the user does not wish to correct the registered data.
2. Whether they wish to correct the documents previously submitted:
- By checking the box Yes, the user wishes to proceed with the correction of one or more documents previously filed.
- By checking the box No, the user does not wish to correct the documents previously filed.
3. Choose the language of the data entry form relating to to the corrective filing request.
By checking both Yes boxes, the user can simultaneously proceed to the rectification of the information already registered and rectify one or more documents previously filed.
Important: When filing financial data, the user has to file all the documents incorporated in the statutory accounts when making a correction.
Even if, for example, only one page of an attached document needs to be corrected, any other pages will also have to be attached and the eCDF declarations will have to be filled in again.
It should be noted that in this case it is not necessary to prepare a new version of the declarations, but that the version previously filed can be reused for the correction. Please make sure that you have the necessary information and documents for the correction ready.
After indicating their choices, the user confirms the creation of their corrective filing request by clicking on the Next button.
The user is then redirected to the data entry form corresponding to the chosen procedure.
The user can also access their request for corrective filing in the My requests to be finalised section available in their customer space, which can be accessed via the My Account menu. The user can thus consult or complete their filing request in process.