The notary's role in company formation
Setting up a company (BV, NV, or Sàrl in Luxembourg) requires a notarial deed in all three Benelux countries. The notary drafts the articles of association, verifies the founders' identities, checks the minimum capital requirements and handles registration with the Chamber of Commerce or Trade Register.
Belgium: BV and NV
Since the new Companies and Associations Code (WVV, 2019), the old BVBA has been replaced by the BV (besloten vennootschap). There is no longer a minimum capital requirement, but there must be "sufficient initial equity".
The NV (naamloze vennootschap) requires minimum capital of €61,500.
Netherlands: BV
The Dutch BV has had no minimum capital requirement since 2012 (previously €18,000). Incorporation proceeds through the notary, who passes the deed and registers it with the Chamber of Commerce. Costs range from €500 to €1,500.
Luxembourg: Sàrl and SA
The Sàrl requires minimum capital of €12,000. The SA requires €30,000. Both require a notarial deed. Luxembourg is popular with international entrepreneurs due to its favourable tax climate and multilingual legal environment.
Costs
Belgium: €1,000–€3,000 for a BV incorporation. Netherlands: €500–€1,500. Luxembourg: €1,500–€4,000 (including registration fees).