Your company is targeted by PDAL: what to do
You have received a letter from the trade register, or you have seen a publication in your company's name. Here is the order in which to act, because the time to react is short.
1. Read the publication and note the date
The opening decision is published in two Luxembourg newspapers. The appeal period runs from this publication, not from receipt of the letter. Note the dates and keep copies.
2. Identify the state of the company
Look for what is missing, because these are the breaches the procedure relies on:
- A registered office in place, with a contract.
- A manager or director in office.
- Annual accounts filed, year by year.
- The register of beneficial owners up to date.
- General meetings held.
3. Check assets and employees
The procedure targets companies with no assets and no employees. If your company has an active bank account, an asset, a receivable or staff, that element matters in your file. Gather the evidence.
4. Involve a lawyer without delay
An appeal is heard in summary proceedings before the president of the commercial chamber of the district court. It needs a lawyer. We introduce a lawyer and prepare the file with you: calendar, documents, state of the company.
5. Decide what comes next
Depending on the situation, the company can be brought back into compliance, sold to a serious buyer or voluntarily liquidated. See putting the company in order and voluntary liquidation.
Frequently asked questions
What happens if I do nothing?
At the latest six months after the opening is published, the RCS manager can declare the closure, which dissolves the company. The consequences for officers and shareholders depend on the situation: a lawyer sets them out.
I never received the letter. Is that a problem?
The letter is sent to the company's registered office. If you no longer have access to it, you may miss it. The newspaper publication starts the appeal period.
Can you act in my place?
We do not represent anyone in court. We prepare the file and introduce the lawyer who acts.
Let's talk about your company.
Describe your situation. We reply with a first view of the way forward.