Best Investment Lawyers in Hasselt

About Investment Law in Hasselt, Belgium

Hasselt is the capital of the Limburg province in Flanders and sits within one of Belgium's most business friendly regions. Investment activity here ranges from real estate and hospitality to technology, logistics, life sciences, and family owned SMEs. Belgian investment law is a mix of federal rules, regional Flemish requirements, and European Union regulations. That means an investor in Hasselt will navigate corporate law under the Belgian Companies and Associations Code, financial supervision by the Financial Services and Markets Authority, regional permitting and planning under Flemish rules, and EU level frameworks such as the Prospectus Regulation, MiFID II, AIFMD, UCITS, GDPR, and the EU foreign investment screening cooperation rules.

Whether you are forming a Belgian company, acquiring a stake in a local business, structuring a fund, launching a crowdfunding campaign, or purchasing commercial real estate, it is important to align corporate structure, tax, licensing, and compliance. Many steps are streamlined digitally in Belgium, yet notarizations, bank formalities, and filings with the Crossroads Bank for Enterprises and the UBO register remain mandatory for most vehicles.

Why You May Need a Lawyer

Investors in Hasselt commonly seek legal help for the following situations:

- Choosing and setting up the right vehicle, such as a BV or NV, and drafting tailored articles of association, shareholder agreements, and governance rules.

- Conducting due diligence for acquisitions of shares or assets in local companies, including labor, environmental, IP, tax, real estate, and contract reviews.

- Navigating financial regulation for offerings, crowdfunding, or token issuances, including prospectus exemptions, marketing rules, and investor protection obligations.

- Complying with anti money laundering and know your customer rules, onboarding investors, and meeting UBO register requirements.

- Securing Flemish spatial planning and environmental permits for real estate development and industrial sites in and around Hasselt.

- Handling foreign direct investment screening notifications for sensitive sectors and cross border transactions.

- Structuring funds and vehicles for real estate, private equity, and venture capital, and assessing eligibility for Belgian regimes such as BE REIT or specialized real estate funds.

- Protecting intellectual property and brand rights through registrations with the Benelux Office for Intellectual Property and drafting licensing arrangements.

- Negotiating commercial leases, especially retail leases governed by specific Flemish and federal rules, and addressing fit out, assignment, and rent indexation.

- Resolving disputes before the Enterprise Court Antwerp - Hasselt division, or through mediation and arbitration when contracts provide for alternative dispute resolution.

Local Laws Overview

Corporate forms and setup:

- The Belgian Companies and Associations Code governs corporate vehicles. The BV is the most flexible limited liability form for SMEs and growth companies. The NV suits larger or listed companies. Partnerships such as VOF and CommV are available for specific strategies.

- Incorporation of a BV or NV requires a notarial deed. You will obtain a company number with the Crossroads Bank for Enterprises and register a business activity via an enterprise counter. VAT registration is handled with the Federal Public Service Finance.

- Beneficial owners must be recorded in the UBO register. Directors should consider director liability rules and conflict of interest procedures.

Capital raising and financial regulation:

- Public offerings of securities are governed by EU Prospectus Regulation. Belgium provides exemptions below certain thresholds subject to information memoranda and FSMA rules. Marketing to retail investors is tightly regulated.

- MiFID II, Market Abuse Regulation, and the Short Selling Regulation apply to investment services and listed issuers. Crowdfunding is regulated under the EU crowdfunding framework supervised nationally.

- Fund managers are subject to AIFMD or UCITS rules depending on strategy. Belgium offers regimes such as BE REIT and specialized real estate funds. Eligibility, asset rules, and disclosure are strictly defined.

- Crypto asset services and stablecoin rules fall under MiCA. Firms active with crypto assets must meet licensing, conduct, and transparency obligations with Belgian supervision.

Foreign direct investment screening:

- Belgium operates an interfederal screening mechanism for foreign investments in sensitive sectors such as critical infrastructure, defense related activities, and certain technologies. Notifications and approvals can be required when crossing set voting right thresholds. Timing this review into your closing plan is important.

Real estate and permitting in Flanders:

- Flemish spatial planning and the integrated environmental permit system apply to development, renovation, and operations. The Omgevingsvergunning combines building and environmental permits. Energy performance and sustainability rules apply to new works and major renovations.

- Commercial leasing is governed by specific laws for retail premises and by the Civil Code for other commercial leases. Deposit, duration, renewal, and assignment rules differ between retail and non retail.

Tax touchpoints:

- Corporate income tax is levied at federal level. Withholding tax commonly applies to dividends, interest, and royalties, with possible reductions under treaties or domestic regimes when conditions are met.

- Real estate transactions in Flanders trigger registration duties or VAT depending on the asset and structure. Local surcharges and annual property taxes apply. Rates change regularly, so confirm current figures before signing.

Employment, data, and competition:

- Hiring in Belgium involves strict labor and social security rules. Acquisitions may trigger transfer of undertaking protections for employees.

- GDPR compliance is enforced by the Belgian Data Protection Authority. Investment platforms, apps, and CRM tools must have lawful bases, appropriate safeguards, and DPIAs where required.

- Competition rules are enforced by the Belgian Competition Authority. Shareholder agreements and distribution arrangements should be checked for anti competitive risks.

Dispute resolution:

- Business disputes in Hasselt are typically heard by the Enterprise Court Antwerp - Hasselt division. Arbitration and mediation are widely used, with national centers offering expert panels for commercial matters.

Frequently Asked Questions

Can a foreign investor own 100 percent of a Belgian company in Hasselt

Yes, foreign investors can own 100 percent of most Belgian companies. Sector specific rules, professional licensing, and the foreign investment screening mechanism can impose notifications or approvals where sensitive activities are involved.

Which company form should I choose for a new venture

The BV is the default for most SMEs and startups because it allows flexible capital rules and transfer restrictions. The NV suits larger fundraising, complex governance, or listing. The choice depends on investor entry and exit, governance needs, and financing plans.

Do I need a prospectus to raise capital from the public

Public offers are subject to the EU Prospectus Regulation. Belgium provides exemptions below certain monetary thresholds and for private placements, but marketing and disclosure rules still apply. Always confirm current thresholds and any FSMA guidance before soliciting investors.

How are dividends and capital gains taxed

Dividends to individuals generally face withholding tax with possible reductions by treaty or domestic regimes when conditions are met. Capital gains taxation varies by taxpayer type and facts such as professional versus private activity and substantial shareholdings. Obtain tailored tax advice before distributing or selling.

What due diligence is standard for buying a business in Hasselt

Typical due diligence covers corporate records, financials, tax, material contracts, IP, employment, regulatory licenses, real estate and leases, environmental permits, data protection, and litigation. Many buyers also perform ESG and cyber reviews.

Are there special rules for real estate investments

Yes. Flemish registration duties or VAT may apply, and the Omgevingsvergunning governs construction and certain operational changes. Energy performance and sustainability requirements are significant. Lease terms differ for retail versus other commercial properties.

Do I need approval for a foreign acquisition in a sensitive sector

Possibly. Belgium screens foreign direct investments in specified sensitive sectors when certain voting right thresholds are crossed. Filing early and aligning signing to closing conditions can avoid timing risks.

Can I use crowdfunding to raise funds for a project in Hasselt

Yes, but crowdfunding platforms and offers must comply with the EU crowdfunding regulation and FSMA supervision. Investor disclosures, limits, and marketing standards apply. Sector rules such as real estate, energy, or financial products may add requirements.

What rules apply to crypto asset services

Under MiCA, crypto asset service providers operating in Belgium face licensing, conduct, and disclosure duties. Stablecoin issuers are subject to additional requirements. Advertising and client asset safeguards are closely monitored.

Which court handles business disputes in Hasselt

The Enterprise Court Antwerp - Hasselt division has jurisdiction over most business and company disputes in the region. Contracts may provide for arbitration or mediation, which are common for cross border investments.

Additional Resources

- Financial Services and Markets Authority FSMA - regulates public offerings, investment services, crowdfunding, funds, market abuse, and advertising rules.

- National Bank of Belgium NBB - supervises financial institutions and provides macroprudential and payment systems oversight.

- Federal Public Service Economy - company law, market practices, consumer protection, competition policy resources, and business guidance portals.

- Federal Public Service Finance - corporate tax, VAT, withholding tax, and UBO register information.

- Crossroads Bank for Enterprises KBO - company number registration and public company data.

- Flanders Investment and Trade FIT - regional investment guidance, sector insights, and soft landing support for foreign investors.

- Flanders Innovation and Entrepreneurship VLAIO - grants, SME support, research and development incentives, and advisory services.

- Flemish Environment and Spatial Planning services - information on the Omgevingsvergunning, environmental obligations, and spatial plans.

- Belgian Data Protection Authority - GDPR guidance, registrations, and enforcement decisions.

- Benelux Office for Intellectual Property BOIP - trademarks and designs registration for Belgium, the Netherlands, and Luxembourg.

- Belgian Competition Authority - merger control notifications and antitrust enforcement information.

- Royal Federation of Belgian Notaries - guidance on notarial deeds for incorporations, real estate, and corporate reorganizations.

Next Steps

1 - Define your investment scope. Clarify sector, transaction size, timeline, financing sources, and whether you will operate through a local entity or cross border.

2 - Select a vehicle. Discuss with counsel whether a BV, NV, partnership, or fund structure best serves your governance, tax, and regulatory needs.

3 - Map regulatory touchpoints. Identify any FSMA filings, foreign investment screening notifications, sector licenses, GDPR duties, and competition issues.

4 - Plan tax and cash flows. Model dividend and exit scenarios, assess withholding tax and treaty relief, and confirm VAT or registration duties for asset deals and real estate.

5 - Conduct due diligence. Review legal, financial, operational, environmental, and data protection matters. In real estate, align permits and zoning early through the Flemish systems.

6 - Prepare transaction documents. Negotiate letters of intent, shareholder agreements, SPAs or APAs, financing documents, and governance policies consistent with Belgian law.

7 - Complete registrations. Execute the notarial deed if required, obtain the company number with KBO, register VAT, open a Belgian bank account, and file the UBO register.

8 - Implement compliance. Set up AML and KYC processes, internal controls, data protection policies, and board procedures. For public communications, align marketing with FSMA rules.

9 - Consider dispute resolution. Include clear governing law and forum clauses. For complex cross border deals, evaluate arbitration or mediation for efficiency and confidentiality.

10 - Stay current. Belgian and EU rules evolve, including tax rates, prospectus thresholds, and screening regimes. Schedule periodic legal reviews to keep your investment compliant and optimized.

This guide is informational and not a substitute for legal advice. For a specific investment in Hasselt, consult a qualified Belgian lawyer who can evaluate your facts and provide tailored recommendations.