Luxembourg Workspace Association Asbl
The purpose of this charter is to put in place rules that will be applied to all members of the Luxembourg Workspace Association (hereinafter "LWA") to ensure that the activities of Workspaces in Luxembourg are within the ethical and the legal framework of the sector. The rules manage the relationship between members of the LWA but also of each Workspace with their customers and the competent authorities. Together, these rules constitute the charter.
This charter can be modified at each general meeting with a majority of votes of 50% of the members present. This charter also aims to ensure that members offer a quality solution to their customers.
The LWA differentiates between two types of membership:
This membership is accessible to any company whose main field of activity is part of being a business center, coworking or incubator (workspaces). The criteria to qualify as a Workspace are as follows:
-The company must have a business permit from the Ministry of Middle Classes to carry out the Workspace activity
-The management and rental of equipped offices (private or open) is the main activity of the company.
Each Workspace member receives one vote at the General Assembly.
By joining the Luxembourg Workspace Association, Workspace members must sign this charter and undertake to respect it. It will be the subject of a new signature each year during the general meeting in order to recommit respecting the rules of the sector.
Membership is subject to a quality visit by the Association prior to membership approval.
This membership is dedicated to all other market players who practice related trades or who want to be informed about new developments in the sector and market their services to workspace customers. They will also receive all newsletters with legal updates and invitations to LWA events.
Benefit of the partnership: Regular and annual events, industry roundtables, training, market statistics, possible sponsorship on the website and events
This membership does not give them the right to vote at the General Assembly and they do not have to sign this charter.
The application for both memberships is made by completing the form available on the LWA website www.workspaces.lu Each request will be presented to the LWA Board of Directors and will be validated or refused on a simple majority vote basis. Any member may leave the association by sending their resignation by registered letter to the Board of Directors. Resignations will take effect on the last day of each calendar year. Is deemed to have resigned after the period of three months from the date of expiry any member who refuses to pay his contribution.
Any partner can be expelled by the board of directors
- In the event of a serious breach of this charter
- In the event of a significant breach of its obligations towards the association, noted by the board of directors.
A duly substantiated appeal to the General Assembly is possible. The General Assembly decides supremely in the last instance, by a two-thirds majority of the members present or represented. Associates, resigning or expelled, may not affect the existence of the association and have no right to claim either on its assets or on the contributions paid.
Members will be required to pay a contribution, the amount of which is fixed by the general assembly. This contribution will not be returned in the event of withdrawal by a member. The maximum annual contribution that may be required of members is set periodically by the General Assembly. If the member joins during the year, the contribution will be applied in proportion to the number of months of membership during the first year.
The contribution for 2022 is as follows:
Workspaces (Obligation to join as well the CLC)
Per brand: 500 €
500€ per year
Optional for the partner membership
2500€ Premium Sponsoring including full representation package on the website
III. RELATION BETWEEN MEMBRES OF THE LWA
All members undertake not to proactively canvass the staff of other members and undertake to adopt a behavior based on mutual respect.
IV. SERVICES OF WORKSPACE MEMBERS TO THEIR CLIENTS
Members undertake to provide at least the following solutions to their customers:
- A workspace for customers defined with a minimum of 8 private offices or 15 workstations in an open space
- The workspace is delivered with the furniture included
- A common area equipped, for example with a coffee machine and a refrigerator.
- A contact person for any information during working days and opening hours of the space
- At least one common meeting room
- An internet network
- Electricity, water and heating as well as all common charges and taxes are included in the contract
Members will respect the following principles:
- Members agree to be transparent about all fees before signing a contract with the client.
-The client undertakes to use the spaces only on behalf of the company signing the contract and/or its subsidiaries (linked by the same beneficial owner)
- The member can receive on behalf of his client, mail, parcels and possibly registered mail if he has received a power of attorney from the client. Any mail, parcel or registered mail will be refused for companies that do not have a contract with the member in good and due form.
- The member undertakes not to mix the activities of the workspace with those of these customers, in particular by never opening mail or packages for a customer, by scanning its contents (except in cases of force majeure) or by providing a telephone management of incoming calls beyond simple message taking
Workspaces can work either with service contracts or with rental contracts.
V. LEGAL OBLIGATIONS OF THE MEMBER
The members take note of and will respect the national laws in force as well as the directives of the administrations, in particular in the matters which follow. Members also have an obligation to cooperate in a transparent manner with all Luxembourg authorities or administrations in relation to requests relating to clients and their activities. Any workspace having had a complaint from the authorities, must comply within the following 3 months, otherwise this may give rise to exclusions from the LWA without compensation for the membership paid.
1. Business permits for workspaces
All Workspaces members must hold a business permit for the workspace sector and undertake to comply with the following guidelines for companies having their registered office or commercial headquarters at the workspace: - Workspace client companies must maintain a certain substance and presence in Luxembourg in order to guarantee their professional activity on Luxembourg soil. The member of the LWA ensures this principle and not to accept clients who cannot demonstrate this substance. - Identification of the substance within the Workspace: private or dedicated office, locker, mailbox - The member undertakes to display all the names of customers having their registered office at this address outside in a visible manner. - The member undertakes to verify that all customers who are still active or who have already left have made the necessary administrative changes within the month following the change and, if necessary, to notify the competent authorities. The Association sensitizes any prospective member on the texts of Law. These texts will be subject to control and any non-compliance will be sanctioned by exclusion from the Association.
2. Anti-money laundering and the financing of terrorism laws:
The Law of 12 November 2004 relating to the fight against money laundering and the financing of terrorism transposing Directive 2001/97/EC of the European Parliament and of the Council of 4 December 2001 amending Directive 91/308/EEC of the Council relating to the prevention of the use of the financial system for the purposes of money laundering is to be observed. The LWA has drawn up a guide for this purpose which can be used. The member has an obligation to declare any suspicion of fraud via the GoAML portal and must also register his Compliance Officer there.
3. Substance of companies accepted as clients in our workspaces Members undertake to follow the directives of the competent authorities to guarantee a certain substance of the companies they host and not to offer virtual offices or domiciliation addresses within the meaning of the law of May 31, 1999.
- An address for a registered or commercial office can only be provided from a dedicated office in the open space or for some regulated activities in a private office.
- The dedicated desk in the open space must be linked to a business permit to be valid as a registered office. Any company that does not have a business permit must have a private office.
Compliance with these measures is monitored by the respective competent authorities. However, the LWA will also ensure good practices and may request an investigation in the context of a suspicion of non-compliance. Failure to comply with, or refusal to re-sign, may result in reputational impact to the Workspace or exclusion from the LWA and retention of any benefits granted by the LWA.