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A foreign entrepreneur can incorporate a BV remotely in the Netherlands — via an authorized representative, an apostille on identity documents, and optionally online signing. Important: the BV must have an actual establishment in the Netherlands (office address, Dutch director or management company). For Hague Convention countries (US, UK, Australia): an apostille suffices. For others: full legalization. Below is the step-by-step plan and costs.
The short answer
- Possible: Remote incorporation of a BV from abroad.
- Apostille: required for identity documents from Hague Convention countries.
- NL substance: office address + board in NL.
- Routes: authorized representative, video identification, or physical presence of the notary.
- Additional costs: €2,000-€8,000 above the standard €1,500.
Two routes for establishment
Route 1: Power of attorney to Dutch representative
Foreign founder grants power of attorney to a Dutch lawyer or notary employee to sign on his behalf.
- Power of attorney deed from a foreign notary.
- Apostille on power of attorney deed.
- Translation into Dutch.
- Authorized representative signs deed of incorporation at Dutch notary.
Route 2: Video identification / online passing
Since 2021: certain notaries accept video identification for the incorporation of a BV. Founder remains abroad — physical presence is not required.
- Foreign identification documents with apostille.
- Video conference with notary for identity verification.
- Digital signing with advanced technology.
- Not all notaries offer this.
Route 3: Physical presence at the notary
Founder travels to the Netherlands for signing. Simplest but costly in travel expenses/time.
Apostille procedure
For Hague Convention countries (115+ countries):
- Identity document (passport) and, if applicable, Chamber of Commerce extract to the government authority of the country of issue.
- An apostille is applied (stamp or attesting document).
- The document is valid in the Netherlands without further legalization.
Apostille costs: €25-€100 per document (depending on the country). Time: 1-3 weeks.
Non-Hague Convention countries
For countries outside the Hague Convention (China, Saudi Arabia, etc.): full legalisation required:
- Issuing authority (notary in the country).
- Ministry of Foreign Affairs in the country.
- Dutch embassy/consulate in country.
- Upon arrival in the Netherlands: additional check by the Dutch Ministry of Foreign Affairs.
Time-consuming (4-8 weeks), expensive (€200-€800 per document).
NL substance requirements
The BV must be actually established in the Netherlands:
- Office address (no PO box — physically accessible).
- Board that makes decisions in the Netherlands.
- Bank account with a Dutch bank.
Routes for NL substance:
- Foreign founder becomes Dutch resident.
- Appoint Dutch co-director.
- Management firm or trust office as director.
Without Dutch substance: tax questions and possibly no recognition as a Dutch BV by the Tax and Customs Administration.
AML checks
Notary performs AML check:
- Identity (apostille document).
- UBO determination.
- Source of funds (financial passport, bank statements).
- Sanction check.
- PEP check (politically prominent persons).
For high-risk countries: in-depth investigation with additional documentation.
Tax aspect
Foreign founder may be liable for tax in the Netherlands:
- Corporate income tax on profits of a BV (Dutch company).
- Dividend tax on distribution.
- Foreign Box 2 shareholder.
- Treaty position between the Netherlands and the home country.
International tax advice is essential — prevents double taxation or tax complications.
Honest recommendation
Setting up a BV from abroad is possible but requires more planning. Choose a notary with international experience. An Apostille is inexpensive but takes time (1-3 weeks for the Hague Convention, 4-8 for others). Ensure Dutch substance (office, possibly a co-director). Combine with international tax advice for an optimal structure. Total process: 4-10 weeks including document preparation.
For other topics: BV with foreign shareholder, what is a BV and UBO declaration.
Frequently Asked Questions
Yes, three routes are possible: power of attorney to a Dutch representative, video identification (since 2021), or physical presence at the notary. An apostille or legalisation on identity documents is required.
Stamp or attesting document under The Hague Convention 1961 (115+ countries). Certifies the authenticity of a government document without further legalisation. Available from the government agency of the issuing country — costs €25-€100, time 1-3 weeks.
Full legalization via the embassy chain: issuing authority → Ministry of Foreign Affairs home country → Dutch Embassy → Ministry of Foreign Affairs Netherlands. Time-consuming (4-8 weeks), expensive (€200-€800 per document).
Yes, a BV must be actually established in the Netherlands — office address, board making decisions in the Netherlands, bank account at a Dutch bank. Routes: Dutch co-director, management company as director, or foreign founder becomes a Dutch resident.
4-10 weeks total: apostille 1-3 weeks (Hague) or legalization 4-8 weeks, translation 1-2 weeks, notary procedure 1-2 weeks, Chamber of Commerce registration and UBO. Plan ahead.
Corporate income tax in the Netherlands on BV profits, dividend tax upon distribution. Foreign shareholder potentially taxable in home country (Box 2 Netherlands or comparable foreign country). Treaty position determines whether double taxation is avoided. International tax advice is essential.
€2,000-€8,000 extra on top of the standard €1,500 for BV incorporation. Apostille €25-€100/document, legalization €200-€800/document, translation €50-€150/page, extra notary fees €500-€2,000, AML/CFT investigation €1,000-€5,000 for a high-risk country.
