This poses a major challenge for insolvency practitioners and liquidators: the inability to contact bankrupt individuals or company directors due to the unreliability of the available data. Indeed, the information available via the Trade and Companies Register (RCS) is often unreliable or out of date, as it generally relates to business addresses that are no longer current at the time of the proceedings. “In any event, whether a private or business address is provided, there is a risk that it may not be up to date at any stage of the proceedings in question, given their duration,” the draft notes.
This situation not only hinders the smooth running of administrators’ duties, but also complicates the debt recovery measures required to satisfy creditors. This is despite the government’s commitment to making lasting improvements to the quality, reliability and usability of business information. This commitment was enshrined in the Act of 1 January 2025, which expands the powers of the Luxembourg Business Registers (LBR). In response to these persistent shortcomings, the Government Council adopted a bill on 8 May, which was tabled in the Chamber of Deputies on 15 May under file number 8750.
Easier access to the RNPP
The text provides for legal representatives to be authorised to obtain data held in the National Registry of Natural Persons (RNPP). This right of access applies to bankrupt individuals, de jure or de facto directors of a legal entity, and partners in a legal entity.
As this involves personal data, the processing of which is governed by the General Data Protection Regulation (GDPR), the right of access is strictly limited. The Public Prosecutor will play a central role in the access procedure: he will act as the data controller and will be responsible for processing requests for the transfer of data. Furthermore, the use of the data transferred will be strictly limited to the fulfilment of the legal duties for which the representative has been appointed. In the interests of administrative simplification, the transfer may be made upon simple request to the Public Prosecutor.
“By making it easier to identify and locate the parties concerned, this reform aims to make the commercial justice system in Luxembourg faster, more transparent and more efficient,” states the explanatory memorandum to the bill.
