26 November 2021

Digital incorporation of a company

There is good news for all entrepreneurs who place their business activity in a company. From 1 August 2021 it is no longer required to be physically present at the notary’s office to set up a company. The Code of Companies and Associations (CCA) and the law of 16 March 1803 on the Notary’s Office were amended.

The authentic deed can now be signed electronically during a video conference with the notary. This applies to all legal entities. The digitization of the process does not cost the entrepreneur anything extra.

 

A. StartMyBusiness

To make it as easy as possible for the entrepreneurs, the Federation of Notaries (Fednot) developed the platform https://startmybusiness.be/ where from now on entrepreneurs can easily set up their company online. This is a step forward for entrepreneurs. Especially when they start up, they want to move fast. StartMyBusiness now makes that possible.

Entrepreneurs can log in via eID or via the app itsme. Via the platform, they can fill in the details that the notary needs to draw up the deed of incorporation.

StartMyBusiness also contains information on the legal aspects of doing business. For additional information entrepreneurs can of course contact their notary.

 

B. Preliminary advice regarding the establishment of a company

Indeed, the digital incorporation of a company saves entrepreneurs a lot of time. However, in all that enthusiasm it can happen that a starting entrepreneur has overlooked some not unimportant matters. For example: are there children who will also be active in the company, how can you best protect the entrepreneur against possible creditors, what should happen in case of death, the inclusion or exclusion of agreements made in the shareholders’ agreement in the articles of association, etc.?

MVVP Lawyers can guide you through the process of setting up a company so that you do not overlook any important aspects.

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