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Setting up a branch office in Belgium 11/09/2007 00:00

Our Expat legal experts reply in detail to a reader's query about setting up a branch office in Belgium.

Dear Laga

I would like to receive some information on the following issue:

I am a non-EU citizen who lives & works in Belgium with a Work Permit Type B and a white residency card. This is my second year living here.

A company in Iran has made a decision to register a company in Belgium which would be a branch of that company here. The company in Iran has several exclusive Dutch & Belgian agencies in the country and therefore it is decided to establish a branch here . In that case, I would be the General Manager.

Could you brief me of the steps and requirements.
 
 
Farjami Shahrooz


Dear Farjami

Opening a branch office in Belgium requires prior registration at the Commercial Court’s Registry of the place where the branch is to be opened.


1. REQUIRED LEGALISED DOCUMENTS AND INFORMATION

1.1. Documents


(1) Recent annual accounts

(2) Legalised documents


(a) Articles of incorporation

(b) Certificate from registry in country of origin

(c) Decision to open branch

A decision to open a branch in Belgium, taken by the company’s corporate body that is competent to take this type of decision according to the law of the country of origin (for example, the Board of Directors would normally be competent in Bel­gium).
  
1.2. Information

The following information is also required for the registration :

* bank account number of branch in Belgium

* details regarding the manager of the branch :
- full names and surnames
- date and place of birth
- nationality
- address

Please note that if the manager is not a EU national and is to live in
Belgium, a copy of a valid work permit and a certificate from the local
authorities where the manager resides must be produced in order to
register the branch.


Registering for certain types of activities at the Crossroads Business Databank may require the prior obtaining of a licence/authorization from the relevant Belgian authorities. Obtaining these types of authorisations may take a while.
Also the fact whether the company is to be considered as a small and medium sized company or a large company will be important and taken into consideration.


2. PUBLICATION


The decision to open the branch and an extract of the articles of association are to be published in the Annexes to the Belgian State Journal.

Best regards,

Matthias

Lawyers Lynn Bogaert and Matthias Lommers work for Belgian law firm Laga, located at www.laga.be or contactable by phone: 02 800 7000.

Lynn Bogaert, Advocate, Email: lybogaert@laga.be

Matthias Lommers, Advocaat, Email : mlommers@laga.be

To have your questions answered on Expatica, you can send an email to belgium@expatica.com.

Disclaimer: Although we verify the reliability of the information given, such information is general and neither Laga nor Expatica may be held responsible in any way for any possible error that might occur or for any use or interpretation that could be made of this information without the assistance of Laga. 

[Copyright Laga and Expatica 2007]
Subject: Expat news

 

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