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Modave is a municipality in the Province of Liège within the Walloon Region of Belgium. Investment activity in Modave is governed primarily by Belgian national law and European Union regulations, with regional Walloon rules and municipal requirements applying to planning, permits, and certain taxes. Whether you plan to acquire real estate, launch a local business, raise capital, or structure a cross border investment, you will be dealing with a mix of corporate, financial services, tax, property, environmental, and administrative law. Local practice also matters in areas like zoning, building, and rural land use, which are handled through Walloon and communal procedures.
Belgium offers a stable legal environment, access to the EU market, and robust investor and consumer protection. At the same time, compliance is taken seriously. Transactions often require notarial deeds, filings with public registers, and interactions with regulators or municipal offices. A well planned approach can make your investment in Modave efficient, compliant, and aligned with your business objectives.
Investors in Modave often engage a lawyer to navigate the legal and procedural landscape. Common situations include selecting and setting up a company form that fits your project, drafting shareholder and financing documents, and completing regulatory registrations. If you are buying or developing property, you will need help with due diligence on title, zoning under Walloon rules, soil and environmental checks, energy performance certificates, and notarial formalities.
Where you seek to raise capital or provide investment services, you may need to assess authorization or prospectus requirements, marketing rules, and anti money laundering obligations. Foreign investors may need to analyze Belgium's foreign direct investment screening and sector specific licenses. Local counsel can also assist with tax planning, eligibility for Walloon investment subsidies, employment and language compliance, contractor and supplier agreements, and dispute resolution before the Liège courts.
Corporate and business setup. Belgian company law is contained in the Code des Sociétés et des Associations. Popular vehicles include the SRL for private limited liability, the SA for larger or listed businesses, and the SC for cooperatives. Minimum capital for an SRL is no longer required but adequate equity and a financial plan are mandatory. Companies must register with the Banque Carrefour des Entreprises, obtain a VAT number with SPF Finances, and complete Ultimate Beneficial Owner registrations. Day to day registrations are often handled through accredited one stop business counters known as guichets d entreprises.
Financial services and fundraising. The Financial Services and Markets Authority oversees investment services and offerings. MiFID II rules apply to investment firms. Public offers of securities are subject to the EU Prospectus Regulation and Belgian prospectus laws unless an exemption applies. Alternative investment fund managers must assess licensing or registration under the AIFM regime. UCITS funds follow the EU UCITS framework. Marketing to the public is regulated and investor disclosures must be fair and clear. Anti money laundering and know your customer obligations apply to financial firms and certain real estate professionals under the Belgian AML law.
Foreign direct investment screening. Belgium operates an interfederal screening mechanism that applies to acquisitions by non EU and certain non EEA investors meeting specific sector and shareholding thresholds. Sensitive sectors include critical infrastructure, defense, energy, data, and media. Typical filing triggers include 25 percent or 10 percent voting rights depending on the sector. Filings are made pre closing and are reviewed by the Interfederal Screening Commission in cooperation with federal and regional authorities.
Real estate in Wallonia and Modave. Property transfers are completed by a Belgian notary. In Wallonia, a transfer duty of 12.5 percent generally applies on purchases of existing real estate, subject to reliefs in specific cases. Buyers should budget for notarial fees and registration costs. Planning and building are governed by the Walloon Code du Développement Territorial. Urban planning permits and, where applicable, environmental permits or a single integrated permit are required for construction, change of use, and classified installations. Soil and environmental checks may be required depending on the site history. Energy performance certificates are mandatory for sales and rentals.
Local taxes and charges. The Region, Province of Liège, and the Commune of Modave may levy surcharges on property tax and other local charges such as waste and signage fees. Businesses should verify communal taxes applicable to their activity and location.
Employment and language. Belgian labor law applies to hiring, working time, and dismissal. In Wallonia, employment documentation must comply with regional language rules, meaning French is generally required for workplace documents for establishments located in Modave. Employers must register with the social security system and with ONSS, and new hires must be declared before work begins.
Data and consumer rules. GDPR applies to personal data. If you sell to consumers, the Belgian Code of Economic Law governs consumer contracts, distance sales, pricing, and advertising. Investment advertising is subject to FSMA content standards and, in some cases, prior review.
Disputes and local practice. Commercial disputes are handled by the Enterprise Court of Liège, which has a division for Huy, the judicial area that includes Modave. Smaller civil matters can be heard by the Justice of the Peace for the relevant canton. Arbitration and mediation are available through Belgian institutions.
Yes. Belgium allows foreign ownership of companies and real estate. You can incorporate an SRL or SA with non resident shareholders. You can also buy residential, commercial, or land assets. You will need a Belgian notary for real estate transfers and must comply with any foreign direct investment filing if your acquisition falls within the screening rules.
For existing real estate in Wallonia, the registration duty is generally 12.5 percent of the purchase price, plus notarial fees and administrative costs. New builds sold by a developer may be subject to VAT instead. After purchase, you will pay annual property tax with provincial and communal surcharges. There can be reliefs for modest homes and energy renovations, subject to conditions.
If you publicly offer securities to investors in Belgium, the EU Prospectus Regulation may require a prospectus approved by the FSMA. There are common exemptions such as offers to fewer than 150 persons per member state, offers only to qualified investors, or minimum denominations above a set threshold. Other regimes may apply, such as the EU Crowdfunding Regulation for platforms. Always assess the exact structure and marketing plan before you promote an offer.
A filing can be required when a non EU or certain non EEA investor acquires a qualifying stake or control in Belgian entities in sensitive sectors. Thresholds typically include 25 percent of voting rights or 10 percent for specific critical sectors. The analysis is technical and depends on sector, target activities, and the investor profile. Filings must be made before closing and the review can impose conditions or block a deal.
Incorporation timelines are short once your file is complete. Drafting the financial plan, notarizing the deed, and registering with the business register and VAT can often be done within one to two weeks. Opening a bank account and obtaining necessary permits for regulated activities or construction can add time. Early preparation of documents and clear business purpose speeds up the process.
Request a title search, check planning zoning designations and any building or use restrictions under the Walloon planning code, verify existence and validity of permits, review cadastral plans, assess soil and environmental history, obtain an energy performance certificate for buildings, and confirm access, water, and utility rights. A notary and local counsel can coordinate these checks and flag red flags.
Most structural works, facade changes, and use changes require an urban planning permit under the Walloon Code du Développement Territorial. If your activity involves classified installations or environmental impact, you may also need an environmental permit or a single integrated permit. The Commune of Modave planning department can indicate local requirements and timeframes. Works should not start until permits are granted.
Companies must keep accounts, file annual accounts with the National Bank of Belgium, hold annual shareholder meetings, update the UBO register when changes occur, and comply with tax filings for VAT, corporate income tax, and withholding taxes. Regulated businesses have additional reporting to the FSMA or other supervisors. Employers must comply with social security, payroll, and workplace rules.
Yes. The Walloon Region provides investment grants and support for SMEs, innovation, energy efficiency, and digitalization. Programs are administered by SPW Economie and related agencies. Eligibility depends on sector, size, project type, and location. A lawyer or consultant can help align your project with the applicable scheme and prepare the application.
Yes for employment and certain administrative documents. In Wallonia, French must be used for social and employment documents for establishments located in the region. Contracts with counterparties can be in other languages, but consumer and regulatory documents often have language requirements. Real estate notarial deeds are typically prepared in French for Modave.
Financial Services and Markets Authority FSMA for investment services and prospectus matters.
National Bank of Belgium for filing annual accounts and financial sector oversight.
Federal Public Service Finance for tax, VAT, registration duties, and rulings service.
Banque Carrefour des Entreprises and accredited guichets d entreprises for business registration.
Service public de Wallonie Economie Emploi Recherche for regional economic incentives and permits.
Commune of Modave Urbanisme service for planning and building applications.
Enterprise Court of Liège Division Huy for commercial disputes information and registry filings.
Fédération Royale du Notariat Belge to locate a notary for property and corporate deeds.
Forem for Walloon employment services and hiring support.
SPI, the Liège provincial development agency, for business park information and local economic data.
Define your project. Clarify whether your investment involves company setup, real estate, fundraising, or a combination. Identify timelines, budget, and sector specific constraints.
Engage local professionals. Speak with a business lawyer experienced in Walloon matters and a notary for any property or corporate deed. If you need financing, involve your bank early. Consider a tax adviser for structuring and incentives.
Map regulatory requirements. Confirm company form, business registration, VAT, and UBO filings. If you plan to raise funds or provide investment services, assess FSMA authorization and prospectus or exemption paths. For foreign acquirers, screen FDI filing needs before signing.
Check land and permits. For property purchases or works in Modave, obtain planning certificates, verify zoning, and prepare urban planning and environmental permit applications. Do not start works or market a change of use until permits are in place.
Plan compliance and documentation. Prepare shareholder agreements, financing documents, customer and supplier contracts, privacy policies, and employment paperwork in the correct language. Set up accounting, payroll, and reporting calendars.
Apply for support. Review Walloon grants and incentives that match your project. Gather required documents, business plans, and cost estimates to meet program criteria and deadlines.
Execute with safeguards. Use conditions precedent in contracts for permits, financing, and FDI clearance. Schedule closings with realistic time buffers. Maintain clear records to support regulatory audits and tax filings.
This guide is for general information only. For decisions about your specific project in Modave, consult a qualified Belgian lawyer.
