Following the suspension of public access to the Register of Beneficial Owners (RBE) imposed by the judgment dated 22nd November 2022 by the Court of Justice of the European Union (CJEU), the involved and responsible parties (the Luxembourg Business Registers (LBR), the Ministry of Justice and the State Information Technology Centre) have finally found a technical and legal solution that complies with the conditions set by the CJEU.
As a result, access to the RBE is restored (as of 16 December 2022) but under certain conditions. For the time being, the access is limited to:
- authorized professionals within the meaning of Article 2 of the amended Act of 12 November 2004 on the fight against money laundering and terrorist financing. The LBR website provides information on how to obtain the authorization and the procedure to follow.
- representatives of the press under an agreement between the Luxembourg Press Council and LBR signed on 20 December 2022. The Press Council may grant access if there is a legitimate interest. Therefore the consultation of the RBE is possible for holders of a professional journalist’s press card after authorization granted by the Press Council.
The Ministry of Justice is now assessing the conditions to grant access to other individuals with a legitimate interest. It should also be noted that national competent authorities have always had and continue to have dedicated access through a dedicated intranet portal, enabling them to perform their AML/CFT duties.