Establishing a Public Limited Company (NV) in the Netherlands: Notary Services
Are you looking to establish a public limited company (NV) in the Netherlands? Notary services are an essential part of the process. Here’s everything you need to know.
The Netherlands is a popular destination for setting up a public limited company (NV) due to its favorable business climate and strategic location in Europe. As a foreign investor, it is important to understand the legal requirements and procedures for establishing an NV. This is where a notary comes in – they play a crucial role in the formation of an NV and ensure that all legal obligations are met.
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What is a Public Limited Company (NV)?
- A public limited company (NV) is a type of business structure in the Netherlands that is owned by shareholders and has a separate legal entity from its owners.
- It is commonly used for large businesses with a high capital requirement, as there is no limit on the number of shareholders and the minimum share capital is €45,000.
- The liability of the shareholders is limited to their investment in the company.
- NVs are subject to corporate income tax and are required to have at least one director and one supervisory board.
What are the Notary Services Involved in Establishing an NV?
Notary services are essential for establishing an NV in the Netherlands. The notary will guide you through the legal procedures and ensure that all necessary documents are drafted and signed correctly. Some of the key notary services involved in the process include:
- Preparing and notarizing the articles of association, which outline the company’s purpose, structure, and rules.
- Drafting and notarizing the deed of incorporation, which officially establishes the NV as a legal entity.
- Registering the NV with the Dutch Chamber of Commerce and obtaining a unique company number (KvK number).
- Assisting with the opening of a business bank account and obtaining a tax identification number (RSIN) for the company.
- Providing advice on the legal and tax implications of establishing an NV in the Netherlands.
What are the Costs of Notary Services for Establishing an NV?
The costs of notary services for establishing an NV in the Netherlands can vary depending on the complexity of the process and the specific services required. Notaries in the Netherlands are free to set their own fees, but they are regulated by the Royal Dutch Notarial Association (KNB). As a rough estimate, the costs for notary services for establishing an NV can range from €1,500 to €5,000.
What are the Advantages of Using a Notary for Establishing an NV?
While it is not mandatory to use a notary for establishing an NV in the Netherlands, it is highly recommended. Notaries are legal professionals who are trained and experienced in company law, and they can provide valuable advice and guidance throughout the process. Additionally, notarized documents have a higher level of legal certainty and are recognized by all government institutions in the Netherlands.
FAQ
Q: Can a notary also assist with the registration of an NV for tax purposes?
A: No, a notary’s role is limited to the legal aspects of establishing an NV. You will need to engage an accountant or tax advisor for assistance with tax registration and compliance.
Q: Are there any restrictions on foreign ownership of an NV in the Netherlands?
A: No, there are no restrictions on foreign ownership of an NV. However, non-EU citizens may need to obtain a residence permit to be able to act as a director of the company.
Q: How long does the process of establishing an NV with a notary typically take?
A: It can take anywhere from 2-4 weeks to establish an NV with a notary, depending on the availability of all parties involved and the complexity of the process.
Q: Can a notary also provide translation services for foreign documents?
A: No, a notary is not authorized to provide translation services. You will need to engage a certified translator for any foreign documents that need to be translated into Dutch.
Q: Is it possible to establish an NV remotely without physically being present in the Netherlands?
A: Yes, it is possible to establish an NV remotely with the assistance of a notary. However, you may need to provide a power of attorney to the notary to act on your behalf.
