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An expert in corporate and international corporate law. He has many years of experience in establishing and reorganizing companies, supporting M&A transactions, as well as providing legal support for opening and running a business in the EU, Asia, and North America.
Virtual office in the Netherlands
The use of a virtual office in the Netherlands is regulated by a number of legal acts, such as:
- The Dutch Civil Code (Burgerlijk Wetboek, BW)
- The Commercial Register Act (Handelsregisterwet 2007).
From a legal perspective, a virtual office in the Netherlands is primarily the “official registration address (bezoekadres)” of your company at the Dutch Chamber of Commerce (Kamer van Koophandel, KvK). This address is used for all official correspondence with government authorities, tax authorities and other legal entities.
Types of virtual offices in the Netherlands
It is important to distinguish between two types of addresses:
- The legal address (Statutaire zetel) is the address stated in the company’s articles of association (statuten). It determines the nationality of the company and the legislation that applies to it. For Dutch companies, it must be located in the Netherlands.
- The correspondence address/Actual address (Bezoekadres) is the address at which the company is actually located or where its management can be contacted. This is the role most often played by the address of a virtual office.
The requirement to have a Dutch address for registration with the KvK is mandatory for most types of legal entities, which makes a virtual office a legal and popular tool for foreign businessmen who do not have a physical premises in the country.
Basic requirements for using a virtual office in the Netherlands
- Legality of the service provider. The virtual office provider must have the legal right to provide such services. This often means that the provider company itself is registered with the Chamber of Commerce and has appropriate lease or ownership agreements for the property whose address it is “leasing out”.
- Consent of the property owner. The provider must have permission from the building owner to use the address to register other companies. This is critical to avoid conflicts.
- Type of legal entity. A virtual office is suitable for various business forms, but there are limitations: BV (Besloten Vennootschap) – Limited Liability Company (analogous to LLC/LTD), without limitations; NV (Naamloze Vennootschap) – Public Joint Stock Company: can also be used; Eenmanszaak – Sole Proprietorship: can be used, but with certain limitations, since in case of bankruptcy the liability is personal; VOF (Vennootschap Onder Firma) – Partnership: possible, but requires registration of all partners; Foreign companies (Branch of a foreign company). If a foreign company opens a branch in the Netherlands, the virtual office can become its official address.
- No requirement for physical premises. The company’s business model should not require a mandatory physical presence (for example, a retail or restaurant business cannot do without a virtual office).
The process of organizing a virtual office for a company in the Netherlands
Step 1: Selecting and checking a service provider
This is the most important stage. There are many companies on the market: from international giants (Regus, IWG) to local Dutch providers. When choosing, you should pay attention to:
- Is the address included in the KvK “white list”? Some addresses, especially those that are massively used for registration, may be under additional supervision.
- Service package: Does it include only the address, or also mail forwarding, telephone services, access to the office?
Step 2: Concluding a contract for virtual office services
After choosing a provider, a contract (Service Level Agreement) is concluded. Read it carefully, paying attention to:
- Permission to use the address for registration with the KvK.
- Mail forwarding conditions (scanning, frequency, additional costs).
- Terms of termination of the contract and the consequences for your company.
Prikhodko & Partners offers comprehensive support in organizing a virtual office, based on many years of experience working with the Dutch jurisdiction. We do not just provide a legal address, we provide a full range of services – from choosing a reliable provider and registering with the Chamber of Commerce (KvK) to tax consulting and assistance in opening an account in a European bank.
Our specialists know all aspects of this process, including requirements for beneficial owners (UBO), the intricacies of determining tax residency, and effective communication with government agencies.
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