Is a Notary Required for Company Formation in Luxembourg?
Published on 10 October 2026 · Updated on 10 October 2026
In short
Do I need a notary to form a company in Luxembourg? Yes for a SARL, a SA, a SCA or a European company, by authentic deed. No for the SARL-S, SENC, SCS, SCSp, cooperative and civil company, which can be formed by private deed. Operating as a sole proprietor needs neither articles nor a notary.
Definition
A notarial deed (or authentic deed) is a deed received by a notary, a public officer, who checks the identity and capacity of the signatories, keeps the original and gives it a certain date and evidentiary force. A private deed is signed by the parties alone, without a public officer.
Notary required or not, by form
| Form | Notary | Remark |
|---|---|---|
| SARL | Required | Capital of €12,000, from 1 to 100 shareholders |
| SA | Required | Capital of €30,000 |
| SCA, SE | Required | Rarer forms, reserved for structured projects |
| SARL-S | No | Private deed, individuals only |
| SENC, SCS, SCSp | No | Private or notarial deed, your choice |
| Cooperative, civil company | No | Private or notarial deed, your choice |
| Sole proprietorship | No | No articles |
What the notary does at incorporation
- 1
Check the documents
Identity of the parties, powers of attorney, documents of corporate shareholders, information on the capital.
Notary - 2
Prepare the deed
The notary receives the draft articles, generally written by a lawyer, and puts them into the form of a deed.
Partner lawyer, notary - 3
Sign
Signature in front of the notary, or by a representative holding a power of attorney.
Shareholders or representative - 4
Register and file
The deed is registered within 15 days, then filed with the RCS within one month for publication in the RESA.
Notary
The notary also acts outside the articles
Even for a SARL-S, a visit to the notary may be needed: the notarial declaration of no bankruptcy is requested from a manager who is non-resident or has been resident for less than 10 years, as part of the business permit. It is separate from the deed of incorporation.
Language, attendance and cost
A notarial deed is drawn up in French or German; English is accepted if accompanied by a French or German version. A private deed can be drawn up in Luxembourgish, French or German.
Physical presence is not always necessary: a power of attorney, often legalised or apostilled for a shareholder abroad, allows you to be represented. Notary fees depend on the capital and the content of the deed; Guichet.lu refers to the Chamber of Notaries for their amount. In our offers, they are quoted separately and re-invoiced at actual cost. See also the appointment with the notary.
Next step
With or without a notary, a file ready to go
We prepare the file, coordinate the partner lawyer and the notary and quote all the costs.
Frequently asked questions
Can you form a SARL without a notary in Luxembourg?
No. The SARL is formed by notarial deed. To avoid the notary, choose the SARL-S, which is reserved for individuals and limited to capital of €11,999, or a partnership such as the SCS or the SENC.
Does the notary draft the articles?
The notary receives the deed and can offer a draft. In our files, the articles are drafted by a partner lawyer, then sent to the notary who puts them into the form of an authentic deed.
Do you have to attend the notary in person?
No, a shareholder can sign by power of attorney. For a shareholder abroad, the power of attorney often has to be legalised or apostilled; the notary specifies the form expected.
Who files the deed with the RCS?
For a notarial deed, the notary registers it within 15 days and then files it with the RCS within one month. For a private deed, the company or its representative makes the filing within one month.
Does amending the articles also require a notary?
For a SARL or a SA, yes: an amendment goes through an extraordinary general meeting held before a notary. For a SARL-S, a private deed is in principle enough.