Do you want to set up a private limited company (bv)? It will be possible to do so online. For the digital establishment of a bv you will need a digital notarial deed. You do not have to be physically present at the offices of the civil-law notary. You can do this online through an audio-video connection. The civil-law notary will establish your identity via an electronic identifier. You must sign with a digital signature.
Does the notary suspect identity fraud? Or do they doubt your legal capacity? Then they can refuse to establish the bv online. In that case you do need to establish the company in person.
Current measure is temporary
It is already possible to execute a notarial deed remotely with the use of a proxy. However, the full process of setting up a company digitally is not yet possible. The temporary Act COVID-19 Justice and Security temporarily offers the option to draw up a notarial deed in the presence of a civil-law notary via audio-visual means. This makes it possible to execute the deed remotely. This is a temporary measure for times of crisis and not a permanent instrument.
- persons who want to set up a private limited company (bv) in the Netherlands
- civil-law notaries
It is expected this change in Book 2 of the Dutch Civil Code (Burgerlijk Wetboek) and the Notaries Act (Wet op het notarisambt) will enter into force on 1 July 2023.
Please note: The effective date of this measure is not yet final. Entry into force is subject to its passing through the upper and lower houses of parliament or proclamation of the Order in Council (Algemene Maatregel van Bestuur, AMvB) or ministerial decree and publication in the Staatsblad or Staatscourant (Government Gazette, in Dutch).