Setting up a business in Belgium

In Belgium, as in many other countries, it is possible to set up a business as a sole proprietor (any natural person acting on their own account), or as a legal entity (companies).

Legal requirements

All companies have an independent existence. In this respect, it is a legal entity with its own assets. Its liabilities, in principle, do not belong to its associates. There are exceptions in the case of VAT and NSSO liabilities.

This distinction between company assets and associate assets is the main advantage of setting up a company when operating a commercial venture.

There are various types of company in Belgium. It is important to determine the form that is best suited to the chosen activity and its objectives. The most frequently used types are the Limited Company, the Private Limited Liability Company and the Cooperative. Legally, the Company Code governs the different types of company and the manner in which they operate.

Company Law in Belgium

Royal Federation of Belgian Notaries [FR] [NL]

In addition to the basic procedures for setting up a business, any new, successful company requires a valid commercial strategy and solid financing.

Access to finance — European Union

Administrative procedures

The procedure for setting up a business has been drastically simplified. From now on, a company can be formed in just three days, thanks to the e-deposit electronic office. In practical terms, the notary can now electronically sign the copy (the certified true copy) of the deed of incorporation and submit it simultaneously to the various official databanks of FPS Justice, the Crossroads Bank for Enterprises, and the Belgian Official Gazette. A few minutes later, the notary will have already received the client's unique company number.

Three steps in three days is all that is required for the start-up entrepreneur:

• Bank: the start-up entrepreneur deposits the minimum capital. This takes one day;
• Notary: the start-up entrepreneur enlists a notary for a deed of incorporation and the electronic statutes. A unique company number will then be assigned. This takes one day;
• Business One-Stop Shop: the start-up entrepreneur activates the unique company number. Again, only one day is required.

Royal Federation of Belgian Notaries [FR] [NL]

Administrative outline [FR] [NL]

Resources

In the regions:

• Brussels Capital Region: the Brussels Enterprise Agency (BEA) provides advice and guidance to start-ups, companies and potential investors wanting to develop projects in the Brussels Capital Region.

Brussels Enterprise Agency

• Walloon Region: the Walloon portal for setting up an SME.

Walloon portal for setting up an SME (FR)

• Flemish Region: the Flemish authorities have brought together a wealth of information for start-ups and entrepreneurs on its website, Ondernemend Vlaanderen.

Ondernemend Vlaanderen (NL)

Personalised help and advice

The Enterprise Europe Network provides businesses with information and advice through its local partners.

Enterprise Europe Network – contact points – Belgium

SOLVIT helps businesses deal with problems that arise when national authorities wrongly apply EU market rules.

SOLVIT – contact points – Belgium

Source: European Commission