What needs to be on your letterhead?

You are required to include your trade name and Chamber of Commerce (KvK) number on your letterhead, along with the Chamber of Commerce where your company is registered. If you have a BV or NV, you must also include the full statutory name and the location of the registered office. Other details, such as your address, contact details, and VAT ID, are not always mandatory on letterhead, but they are advisable. Below, you can read exactly what belongs on your business letterhead and why this is legally important.

What is required on your letterhead?

The law sets requirements for your business correspondence. These requirements apply not only to letters, but also to your quotations, orders, invoices, and emails. You must include at least the following information on all these outgoing documents.

Trade name and Chamber of Commerce number

Every company states on its letterhead:

• the trade name under which you are registered with the Chamber of Commerce;
• the Chamber of Commerce number (the file number of your registration), stating the Chamber of Commerce where your company is registered.

This obligation applies to every legal form, including sole proprietorships, general partnerships, and professional partnerships. It stems from the Trade Register Act and also applies to digital communications: you must include your trade name and Chamber of Commerce number in your outgoing business emails as well. Generally, this obligation does not apply to purely advertising communications.

Additional requirements for the BV and NV

Do you have a private limited company (BV) or public limited company (NV)? Then you must also state:

• the full name of the company as included in the articles of association;
• the location of the registered office.

This is particularly important when your trade name differs from the statutory name. This ensures that it is always clear to the recipient exactly which legal entity they are doing business with, and who can be held liable in the event of a dispute.

VAT ID on your letterhead: mandatory or not?

Many entrepreneurs are unsure whether their VAT number needs to appear on letterhead. The VAT identification number (VAT ID) does not need to appear on your letterhead, but it must be listed on your website if you provide services or sell products online.

The VAT ID is separate from your citizen service number (BSN) and is therefore more privacy-friendly than the old turnover tax number that sole proprietorships used to use. Do you still mention an outdated turnover tax number somewhere that was derived from your BSN? Then replace it with your VAT ID or omit it. Incidentally, a separate set of requirements applies to the preparation of invoices; for this, the VAT number is relevant.

Reference to your general terms and conditions

Are your agreements subject to general terms and conditions? If so, you must give the other party a reasonable opportunity to review them. Legal experts call this the duty to inform. If you fail to do this properly, the other party may later invalidate the terms and conditions, and you will fall back on statutory rules.

Therefore, we recommend:

• to print your general terms and conditions in full on the back of your letterhead, or at least a copy with the most important provisions;
• clearly refer on the front to the applicable general terms and conditions and (whether or not in full) appearing on the back.

This way, you avoid discussion about whether your terms and conditions have truly become part of the agreement.

Don't forget the forum selection clause

A forum selection clause determines which court has jurisdiction if a dispute arises. In a previous blog, we discussed four key considerations when drafting a forum selection clause. Importantly, such a clause is only valid if the counterparty's consent is sufficiently clear.

Therefore, on your letterhead, do not only refer to your general terms and conditions, but also explicitly emphasize the forum selection clause included therein. A separate reference passage increases the likelihood that the clause will hold up when it matters.

What other information are you putting on it?

The following information is not legally required on letterhead, but is practical and sensible for evidentiary purposes:

• Address and contact details. This way, a customer cannot claim in a subsequent legal dispute that he did not know who the letter was from.
• Bank details. Handy for prompt payment and for correspondence regarding outstanding amounts.
• Sending date. This strengthens your position in terms of evidence: you can prove when you sent something. Always keep your own copy.

Please note: stricter rules apply to your website than to your stationery. For the latter, your trade name, registered address, contact details, Chamber of Commerce number, and VAT ID are mandatory, among other things.

Practical example: why this matters

Imagine this: as a limited liability company (BV), you send a quotation on letterhead without your Chamber of Commerce registration number and without any reference to your general terms and conditions. The customer accepts but fails to pay. During a debt collection procedure, he claims that he never saw your terms and that it is unclear exactly which party entered into the agreement. With proper letterhead, you could have easily avoided both disputes. Well-designed letterhead is therefore not a formality, but a form of risk management. Should a payment nevertheless fall through, our debt collectionapproach helps you to collect your outstanding debt.

Moreover, failure to include the mandatory information can be classified as an economic offense. In practice, this is rarely actively enforced, but it shows that the legislator does indeed attach importance to this. Proper stationery thus not only prevents civil disputes but also keeps you formally on the right side of the law.

Frequently asked questions about stationery

Is a Chamber of Commerce number on letterhead mandatory?

Yes. Every company must state its trade name and Chamber of Commerce number on outgoing business correspondence, including letterhead, quotations, orders, and invoices. This also includes the Chamber of Commerce where the company is registered.

Do I need to have my VAT number on the letterhead?

No, the VAT ID does not need to be on your letterhead. However, you must include your VAT ID on your website if you offer services or products there. Separate rules apply to invoices.

What additional information must a BV disclose?

A BV (and an NV) lists, in addition to the trade name and the Chamber of Commerce number, the full statutory name of the company and the location of the registered office. This is particularly important if the trade name differs from the statutory name.

Do general terms and conditions have to be on the letterhead?

That is not mandatory, but highly recommended. By printing your general terms and conditions or referring to them, you give the other party the opportunity to review them. If you fail to do so, you run the risk of your terms being invalidated.

Do the same rules apply to email and invoices?

The mandatory inclusion of the trade name and Chamber of Commerce number applies to your business correspondence in a broad sense, including emails and invoices. In addition, specific invoicing requirements apply to invoices under VAT regulations.

Have your stationery legally checked

Unsure if your letterhead and general terms and conditions are watertight? The legal experts at MKB Juristen would be happy to review them with you. If you have your general terms and conditions drafted, we will include your letterhead in the check immediately. Also, take a look at our expertise in corporate law.

Do you want certainty regarding your business correspondence? Schedule a no-obligation intake and submit your question to one of our legal experts.