Belgium: Establishing a company online: the digitization of law continues07 September 2021
Since 1 August 2021 it is possible for (starting) entrepreneurs to set up a company completely online in Belgium. Our country is a pioneer in Europe with this. However, this change was made in implementation of a European directive. What is concretely possible since 1 August?
Until July 31, people had to physically go to the notary to put a scribble under an authentic deed in order to set up a company. Since the transposition of Directive (EU) 2019/1151 of the European Parliament and of the Council of 20 June 2019 amending Directive (EU) 2017/1132 as regards the use of digital tools and processes in company law, this past tense.
Where the digital authentic power of attorney has meanwhile been established since May 2020, this amendment to the law provides for a fully digital possibility to set up a company. Just to be clear: a (physical) visit to the notary for this is of course still possible.
To achieve this goal, the 'StartmyBusiness' website was established. On this website you can log in via your eID or via the 'itsme' app and set up a private limited company (bv), public limited company (nv) or cooperative company (cv) completely digitally. The notary still does the necessary to carry out an inspection and to make adjustments where necessary. If fraud is suspected, the civil-law notary will still ask you to physically sign the authentic deed establishing the company.
A general partnership, limited partnership, non-profit association, non-profit association and foundation can also be established remotely since 1 August 2021, but not yet via the 'StartmyBusiness' platform. The integration of the creation of these companies on the platform is yet to happen.
Important to know: the digital incorporation of a company does not entail any extra notary costs and therefore costs the same as a physical appointment at the notary for the incorporation.
For further information, contact:
Sebatiaan Meeuwens, Lawyer
Legalis Advocaten BVBA, Tessenderlo
t: +32 13 671201
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