What is the incorporation deed?
The incorporation deed is the legal document that creates the company and sets its articles. It identifies the founders, the legal form, the name, the registered office, the purpose and the contributions. Once filed and published, it makes the company exist and enforceable against third parties, with its enterprise number (CBE).
Notarial or private deed?
The form of the deed depends on the company type. Limited-liability companies — notably the SRL and SA — require an authentic deed before a notary. Unlimited-liability companies, such as the SNC or SComm, can be set up by a private deed. For SRL/SA, a financial plan must be given to the notary.
What does the incorporation deed contain?
Beyond identification details, the deed sets the company's operating rules. The essential elements are:
- Legal form, name and registered office
- Corporate purpose (the company's activities)
- Contributions and capital / initial assets
- Identity of founders and directors
- Governance rules and financial year
Incorporation deed and registered office
The deed states the company's registered office. You may put an approved domiciliation address rather than your private home: this is legal and common from incorporation. Make sure you have the domiciliation contract when signing the deed, to justify the registered-office address.
Official sources
A registered-office address to incorporate your company?
Choose a domiciliation address to state in your incorporation deed. Compare centers in Belgium for free.