Notarial Deeds May Now Be Passed In Electronic Form

Luxembourg has chosen to go one step further than Directive 2019/1151 by voting a law on 15 June 2023. Not only may an SARL now be incorporated online but all notarial deeds may also be passed electronically (except wills).

Electronic notarial deeds shall be passed via an electronic platform of the Notaries' Chamber and the notary shall sign them using a qualified electronic signature.

The notary's liability to identify the parties remains unchanged regardless of the form of the deed. It is up to the notary to decide whether and under which conditions a deed may be passed electronically. The only limitation concerns the deeds of incorporation of SARLs, SAs and SCAs, for which the notary can require that an electronic deed be signed in person and not remotely if: