Setting up a private limited company (bv) through video connection.

What has changed? 

Do you want to set up a private limited company (bv)? It is 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 was already possible to execute a notarial deed remotely with the use of a proxy. However, the full process of setting up a company digitally was previously not possible. The temporary Act COVID-19 Justice and Security temporarily offered 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.

For whom? 

• persons who want to set up a private limited company (bv) in the Netherlands
• civil-law notaries

When? 

This change in Book 2 of the Dutch Civil Code (Burgerlijk Wetboek) and the Notaries Act (Wet op het notarisambt) has come into force on 1 January 2024.

Source: Netherlands Enterprise Agency (RVO)