The depositary of the bearer shares is unknown (following its deletion from the RCS)
Explanation
The depositary of bearer shares currently registered for your entity has been deleted from the RCS. However, it is still listed as the depositary in your entity’s RCS file. The depositary may therefore no longer exercise this function. You must update the information relating to the depositary in order to correct this situation.
How can the information relating to the depositary be corrected (following its deletion from the RCS)?
To update this information, you must submit a modification filing with the RCS. This involves updating the depositary information by removing the currently registered depositary and adding a new depositary authorised to hold bearer shares and to fulfil the legal obligations associated with this function.
The information presented is standard and provided for guidance purposes only. Depending on the legal form of your entity, the documents to be provided or the steps to be followed may differ.
After selecting the service Modification relating solely to authorized representatives, you will access a screen where you must choose the language of the form.
For this type of filing, publication in the RESA is generated automatically by the manager of the RCS based on the information provided in your application.
Once the language has been selected, click on Next. You will then be redirected to the data entry form to complete the amendment.
In the part Saisie des données, select the section Dépositaire to access the information to be updated.
To remove the depositary whose RCS file has been deleted, simply click on the Rayer option.
Once the depositary has been removed, you must add a new depositary authorised to hold bearer shares and to fulfil the legal obligations associated with this function.
To add a new depositary, click on the Ajouter un dépositaire option, choose the Type de personne, then complete the required information.
Depending on the type of legal person authorised to hold bearer shares and to fulfil the legal obligations associated with this function, you must select one of the following options and provide the corresponding information:
Scenario: Personne physique (Natural person)
- Luxembourg national identification number
- Surname(s) and first name(s)
- Date, place and country of birth
- Private or professional address
Scenario: Personne morale luxembourgeoise immatriculée au RCS (Luxembourg legal entity registered with theRCS)
- Registration number with RCS
Once all information has been completed, click on Compléter la publication to proceed to the next step.
Form: Additional information
Publication
When using this procedure, there is no need to create and attach a document for publication. As an administrative simplification, publication in the RESA for this type of filing is generated automatically by the manager of the RCS based on the information provided in your application. Once this step has been completed, click on the Récapitulatif section to proceed to the next step.
Récapitulatif
Section of the request where you can check the summary of your request before sending it to the cart. To do this, click on Visualiser le récapitulatif de ma demande en français to open the PDF document. If you spot an error, you can go back using the previous step button to the section where the information has to be corrected.
If all the information is correct, check the box J’ai contrôlé mon document récapitulatif. You can also add a personal reference in the field Ma référence de dépôt to better organise your requests. Once you have finished verifying, click on Ajouter la demande au panier to confirm your procedure.