Register as a company

1. Preparing your project

Before you can start your business, you need to find out which requirements apply to your project. Make sure you follow the recommendations below, as they vary depending on your chosen legal structure:

Compare the different legal business forms

Several options are available to you for conducting business in Belgium.  Sole proprietorships, companies, associations, and foundations each have their own advantages and disadvantages, like the financial investment required and the tax regime. Take some time to think about which form suits your project best.

This decision has a major impact on your business. Don't hesitate to contact a notary, lawyer, or chartered accountant for advice. 
 

Check to see if you meet the requirements

In Belgium, you need to meet both basic requirements and any specific requirements related to your activities, such as access requirements or specific permits. 

 

Preparing your business plan

The goal of your business plan is to convince your partners that your project is serious, profitable, and viable (loan applications, etc.). 

If you set up an SA, an SRL, or an SC, you're legally required to prepare a financial plan signed by the founders. It must demonstrate that your company has sufficient resources to launch operations and remain in business for at least two years. This business plan is then filed with a notary.

 

Choosing a name for your business

Choosing the right name is essential for attracting customers and setting yourself apart from your competitors. You'll need to differentiate between:

• the trade name  (mandatory): the name your customers know your business as
• the corporate name  (mandatory): the official name of your business as stated in the articles of incorporation and published in the appendices to the Belgian Official Gazette. This name, along with your business's legal form, must appear on all your professional documents (invoices, quotes, etc.)
• the trademark (optional) – the distinctive sign you use so your customers can identify your products or services from those of your competitors

The same name may be used as a trade name, corporate name, and trademark. The different names you choose depends on your strategy. 

Make sure you choose a name that isn't already in use or that's similar to the name of another business. In the event of confusion or unfair competition, you may be required to pay damages. You can check if your ideas for names are available by searching in the Crossroads Bank for Enterprises or the Benelux Office for Intellectual Property (BOIP). Your notary can also help you with this process. 

To protect your trademark, you need to register it by following a specific procedure. The BOIP can give you all the information you need to register it.

Protecting your primary residence

Directors and managers may protect their primary residence against business debts incurred in the course of their independent activities as directors or managers. You must prepare a notarised document in which you make a declaration of exemption(fr) from attachment.

Open a bank account 

You need to open a bank account in the name of your business before you prepare the deed of incorporation. 
Since capital requirements depend on the type of business chosen, a bank statement may be required.

• For a SA, you must have the minimum statutory capital
• For a SRL or SC, you must have sufficient initial equity
• For a SNC or SComm: the assets contributed constitute the business's assets

 

2. Creating your legal entity

Preparing the articles of incorporation

The articles of incorporation constitute the rules that govern the operation of your business. These include:

• the founders' identities
• the business's name and purpose
• the rules of procedure for general meetings
• the appointment of directors and executive officers
• other agreements in effect within the business

Drafting the deed of incorporation

The deed of incorporation is the document that formalises the creation of your business. It contains the articles of incorporation and all the details of the business: the name, registered office, purpose, and, if applicable, capital and even operating rules.

Register the deed of incorporation 

The deed of incorporation must be filed with the relevant business's court clerk within 30 days following its signing

3. Register your business with the Crossroads Bank for Enterprises

Currently, you need to contact an authorised business counter to finalise your registration with the BCE, choose your business activities, and register your establishment units. 

These counters can help you to complete various required procedures and complete certain procedures on your behalf, and may provide additional services. The rates for some of these services are at the discretion of the counters.

Once you've registered, your e-box Enterprise(fr) will be automatically activated. e-box Enterprise(fr) is a secure electronic mailbox that centralises all official communications between businesses and public institutions. Through e-Box Enterprise, you'll receive documents (PDFs) and messages from institutions like social security, as well as from Belgian institutions at all levels.

4. Register beneficial owners 

The UBO (Ultimate Beneficial Owners) registry is a registry where all ultimate beneficial owners of a business, trust, non-profit organisation, or other legal entity are recorded. These individuals are the legal representatives who control or own the company, non-profit organisation, or legal entity.

Your business has 30 days from the date it was incorporated to register with FPS Finance.

5. Apply for a VAT Identification 

If your company is subject to VAT, your business number must be activated as a VAT identification with the FPS Finance before you begin operations.

How do you know if you're subject to VAT? 

If your business regularly and independently supplies goods or services, imports goods, or makes intra-Community acquisitions as defined in the Belgian VAT Code as its primary or secondary activity, whether for profit or not, you must register for VAT with FPS Finance.

If your business’s activities are VAT-exempt, such as sociocultural activities, financial transactions, or medical activities for therapeutic purposes, you generally don't need to register for VAT, nor are you entitled to a VAT deduction. 

How do you activate your VAT Identification? 

You can activate your number:

• online via the form available on the FPS Finance website (free)
• through an accredited business counter (for a fee) 
• through a chartered accountant (for a fee)

6. Joining a social insurance fund

Every self-employed individual, business owner (except in the case of an unpaid position), active partner, corporation, etc., who is not bound by an employment contract must join a social insurance fund.

This guarantees certain social security rights and obligations, such as family allowances, sick pay and disability benefits, maternity insurance, pensions, and bankruptcy insurance.

You can find all the information about the options offered by social insurance funds in Belgium, the best time to join, and details about contributions here.

Please note that, as a self-employed individual, you are required to join a mutual health insurance scheme when you join a social insurance fund.

You can join a social insurance fund and a mutual health insurance scheme on a separate basis. 

6. Register as an employer (optional)

To hire employees, you must register as an employer with the National Social Security Office (NSSO). 
The steps are as follows:

• identify yourself as an employer via the WIDE online service: You will receive your NSSO number
• submit an immediate employment declaration for your first employee through the DIMONA online service(fr)
• submit a quarterly report via the DmfA online service(fr) that includes the employment and remuneration data for all your employees