Belgium

With its booming economy, Belgium has one of the most advanced economies in Europe. The country is also quite welcoming to foreign investment. The entrepreneurial culture makes it a smart idea to start a business in Belgium. However, you will need the Belgium business visa to enter Belgium for business purposes.

To enter Belgium for the sole purpose of business, one requires a type of short term visa ( visa C) called the Belgium business visa. The business visa allows an individual to travel to the country to take part in business-related activities such as attending business meetings, partner or client meetings, to inquire about new opportunities for business in Belgium, take part in business fairs, and so on. The business visa, like all short term Schengen visas,  it is valid for a duration of 90 days in a 180 day period. However, if you require to travel to multiple Schengen countries, you can ask for a multiple entry Belgium business visa.

How to apply for a Belgium business visa?

To apply for a visa to perform activities relating to business in Belgium, you first need to determine the exact point and purpose of your visit as you will need this to select the appropriate documents, and also would be asked about in the visa interview. You then need to decide how you will be submitting the documents. You can choose to submit it directly to a Belgian embassy/consulate, or to a Belgian outsourced visa application center (VAC). After this, you can follow the following steps –

• Create an account on the Belgian embassy website.
• Login into your account and fill in the application form with your personal details.
• Choose your visa appointment date and venue.
• Take a print out of the copy of the application form you receive via the registered email address.
• Attend the visa appointment along with your documents and application form. You will have to fees at the VAC, or Embassy/Consulate as per your choice.
• Once your visa application has been submitted, it will be processed by the Belgian embassy.
• You will receive a confirmation from the embassy if your visa has been approved or rejected. In certain cases, they might ask you to submit additional documents.
• Please note that if there are complications regarding your application, such as incorrect details, wrong or invalid documents, and any other issues, you may be asked to attend a visa interview at the Embassy/Consulate.
• It is vital to ensure that your application is accurate and without any flaws. Incorrect applications may cause in a delay of your visa processing, or in extreme cases, lead to the visa being rejected. A visa denial might cause major complications in any future visa applications.

Eligibility for Belgium Business Visa

Any individual who does not belong to a country that has a visa facilitation agreement with the EU needs a Belgium business visa to enter the country for professional activities. Further,

• You have to be a citizen of the country you are applying from, or
• You have to be a citizen living on a temporary resident permit in a foreign country you are applying from.
• You need to have a legal business purpose for the visit such as to expand your business in Belgium, attend conferences, etc.
• You should know exactly why you are planning to do business in Belgium.
• You need to have a passport valid for at least 6 months from the date of intended travel and has at least 2 blank pages.
• You only require a Belgium visa if Belgium is your only business destination, or
• Belgium is one of your multiple Schengen business destinations –  in which case you are spending the majority of the travel period in Belgium, or, you are spending equal time in all the other destinations where Belgium is your port of entry.

The branch is an extension of the parent company, a different location of the main office of the company, located in another country where the main company wishes to conduct business. It is not the same as when foreign investors open a company in Belgium as it is not entirely separate from the parent company.

A branch established in Belgium must carry the same name as the parent company and it’s not considered a legal entity. The commercial name of the branch may differ from the registered name and can be or not reported at registration. The parent company is carrying full responsibility for the branch’s actions.

The branch and the subsidiary are the two manners in which a foreign company can expand its activities to the Belgian market. they are fundamentally different in terms of liability for the parent company, nevertheless, they each have their set of advantages. The list below highlights some of the most important advantages of the branch in Belgium:

• Lower incorporation costs: the costs associated with opening a branch are generally lower than in the case of the subsidiary (which can be a Belgian limited liability company).
• Different annual reporting: the branch, because of its relation to the foreign company is subject to different annual reporting requirements in Belgium; in general  these can be lighter than in the case of the limited liability company.
• Control: this type of business entity is preferred in some business sectors because of the high level of control the parent company has over its branch.
• Double taxation relief: branches are subject to the provisions of the double tax treaties signed between Belgium and other countries; we recommend talking to our lawyers specialized in company formation in Belgium for more details.

Foreign companies that open a branch will need to conduct the same business activities in Belgium as the parent company conducts in its country of origin.

The procedure of starting a branch in Belgium

The procedure to start a branch is not entirely the same as that required to open a company in Belgium because of the fact that the branch does not need to have its own Articles of Association. Instead  as highlighted below in the section offering information on required documents  the foreign company will provide its own Articles translated as needed. You will also need to open a bank account in Belgium in order to deposit the share capital.

A special business permit is required for the branch in certain business sectors. This is needed before the branch office actually commences the activities and can be required for banking, insurance, medical and pharmaceutical activities and others.

The documents related to the branch must be drafted in one of the official languages of Belgium (Dutch, French or German) depending on the area of registration. The translation of the company’s Articles of Association and the excerpt from the local register will be needed and investors will need to include these translation costs which will vary according to the number of pages.

The legal representative of a branch opened in Belgium doesn’t need to have Belgian nationality but is recommended to be based there (as all the branchs’ activities take place here).

A branch opened in Belgium has a number of advantages such as the fact that there is no minimum share capital requested upon registration. Also, there are no taxes on the capital gains.

The process of registering a branch in Belgium was simplified by introducing the one-stop-shop for companies, a centralized organism for applying for company registration, VAT in Belgium and for the specific taxes.

Documentation required for opening a branch in Belgium

The following documents must be legalized by a notary from the foreign country and then translated into one of the official languages by an authorized Belgian translator:

• copy of the registration certificate:  a certified copy of the foreign company’s registration certificate issued by the local registry in its country of origin.
• the articles of incorporation: belonging to the parent company, as stated above, translated by a sworn translator.
• the decision of opening a branch: the company’s Board decision to open a branch in Belgium, translated.
• the appointment of the representative: the decision of appointing the branch’s representative and his personal details.
• specimen signature: this belongs to the individual appointed as the branch representative, concluded before a notary public.

The previous year’s balance sheet must also be translated and published it into the Belgian Official Journal and register it in the National Bank of Belgium.

The above documents must be submitted to the Registrar office of the Commercial Court and then in the Crossroads Bank for Enterprises. The registration in the Crossroads bank is possible by submitting the documentation to a one-stop-shop for companies. One of our agents who specialize in company formation in Belgium can provide more details on the submission process and can assist foreign company representatives interested in opening a branch.

The Crossroads Bank for Enterprises will issue a registration number, a VAT number and the connection with a payroll agency.

The new branch may begin its commercial activities as soon as it receives the registration number and the incorporation of it must be published in the Annex to the Belgian Official Gazette.

The branch registration process will generally take no more than a week if all the requested documents are delivered in time and properly. Please remember that this is only an estimated timeframe and the actual time may vary. Foreign company representatives can reach out to our Belgian company formation agents for an analysis depending on their particular conditions.