Best New Business Formation Lawyers in Modave

About New Business Formation Law in Modave, Belgium

Starting a business in Modave takes place within the framework of Belgian federal law and Walloon regional rules, with some municipal procedures handled by the Commune of Modave. Belgium modernized its company law through the Companies and Associations Code, which offers flexible company forms and streamlined governance. Common legal forms include the SRL - société à responsabilité limitée, the SA - société anonyme, the SC - société coopérative, and partnerships such as the SNC - société en nom collectif and the SComm - société en commandite. Sole proprietorships - entreprise individuelle - are also widely used. Incorporations for SRL, SA, and SC require a notarial deed and publication in the Moniteur belge. All businesses must register with the Banque-Carrefour des Entreprises - BCE - KBO to obtain an enterprise number, and most must activate a VAT number and affiliate to a social insurance fund for the self-employed. Walloon permitting rules may apply to premises, works, and environmental aspects, and municipal taxes or authorizations can be required for signage, terraces, or local activities in Modave.

Why You May Need a Lawyer

A lawyer can help you choose the right legal form for your goals and risk profile, draft solid articles of association and shareholders agreements, and prepare the legally required financial plan for an SRL. Legal counsel is valuable when negotiating with co-founders or investors, allocating shares and governance rights, and protecting intellectual property and trade names. If you plan regulated activities such as horeca, food, health, construction, transport, or professions with protected titles, a lawyer can map the specific authorizations and professional rules that apply. If you lease or buy premises in Modave, you may need assistance with leases, due diligence, zoning and building rules, and environmental permits. A lawyer can guide VAT and corporate tax structuring with your accountant, ensure compliance with labor law when hiring staff, prepare employment contracts and work rules, and set up GDPR compliance. Foreign founders may need help with immigration rules and the professional card for non-EU nationals. If problems arise such as founder disputes, director liability concerns, or supplier and customer conflicts, a lawyer can prevent escalation and represent you before authorities and courts.

Local Laws Overview

Corporate law - Belgium’s Companies and Associations Code governs legal forms, incorporations, governance, distributions, conflicts of interest, and director duties. SRL and SC have no fixed minimum capital but require adequate initial equity and a robust financial plan. SA requires a minimum capital, currently set by law, and stricter governance. Notarial deeds are required for SRL, SA, and SC, followed by publication in the Moniteur belge. Beneficial owners must be reported to the UBO register. Annual accounts for companies are filed with the National Bank of Belgium, and bookkeeping obligations depend on size. Sole proprietors follow simplified rules but remain personally liable.

Registrations - Every business registers with the BCE - KBO via an accredited one-stop business counter - guichet d’entreprises agréé. VAT activation is handled with the tax administration. Founders who are self-employed must affiliate with a social insurance fund and pay social contributions. Payroll requires a social secretariat, Dimona declarations, wage withholding taxes, and work accident insurance before any employee starts.

Taxes - Corporate income tax applies to companies and personal income tax to sole proprietors. Belgium applies a standard corporate tax rate, with reduced rates for certain small and medium-sized enterprises when conditions are met. VAT is due on most goods and services, with a small enterprise exemption available under a statutory turnover threshold. Local communal taxes may apply to signage, waste, or advertising in Modave.

Permits and property - In Wallonia, spatial planning is governed by the Code du Développement Territorial - CoDT, and environmental aspects by regional environmental permitting rules. Many activities require a permis d’urbanisme for works or changes of use, and a permis d’environnement for installations or operations that can affect the environment, with class-based thresholds and procedures. Small activities may only need a declaration. The Commune of Modave handles local submissions and can advise on municipal taxes and authorizations such as signage, terrace occupation, and opening hours.

Employment and compliance - Employment contracts and social documents in Modave must be in French. Certain professions are regulated and require registration with their professional body or specific approvals. Food businesses must register with the federal food safety agency. Music in public spaces requires licenses from collective management organizations. Data protection is governed by the GDPR and Belgian rules, including privacy notices, processing registers, and potential data protection impact assessments.

Foreign founders - EU, EEA, and Swiss nationals benefit from freedom of establishment. Non-EU nationals who wish to operate a self-employed activity usually require a professional card delivered by the Walloon Region, in addition to any residence authorization.

Frequently Asked Questions

What legal form should I choose for a new business in Modave

The choice depends on liability, governance, funding, and tax. An SRL is a popular limited liability company with flexible rules and no fixed minimum capital, suitable for one or several founders. An SA suits larger ventures with higher capital and stricter governance. Partnerships like SNC or SComm are simpler but can involve unlimited liability. A sole proprietorship is quick and low cost but involves personal liability. A lawyer and accountant can assess your plans and recommend the best fit.

Do I need a notary to incorporate

Yes for SRL, SA, and SC you must sign a notarial deed. The notary files the deed and arranges publication in the Moniteur belge. Partnerships and sole proprietorships do not require a notarial deed but still need BCE - KBO registration and any permits.

How do I register the business and get a company number

You obtain an enterprise number by registering with the BCE - KBO through an accredited business one-stop counter. The counter can also activate your VAT number, register your NACEBEL activity codes, and request certain professional registrations.

What is the financial plan for an SRL and why is it important

Founders of an SRL must prepare a financial plan covering projected financing, cash flow, and results for at least two years to show the initial equity is sufficient. If the plan is inadequate and the company fails soon after incorporation, founders can face personal liability. A lawyer can align the plan narrative with your bylaws and a notary’s requirements.

What taxes apply to a new company

Companies are subject to corporate income tax on profits and VAT on taxable supplies. Small businesses may qualify for a VAT exemption below a legal turnover threshold. Withholding taxes apply to wages and director fees. Municipal taxes can apply in Modave for certain activities or signage. Your accountant will optimize tax choices such as VAT regimes, depreciation, and director remuneration.

What permits might I need for premises in Modave

Depending on your project you may need a permis d’urbanisme for building works or change of use and a permis d’environnement for installations or activities with environmental impact. Minor activities can require a declaration rather than a full permit. Check zoning, parking, signage, and accessibility. The Commune of Modave’s urbanism service and the Walloon Region handle these procedures.

What are the key steps to hiring employees

Before hiring, take work accident insurance, register with social security, set up payroll with a social secretariat, and prepare employment contracts in French. File Dimona declarations, create work rules if you reach the legal headcount, and respect sectoral collective agreements, working time, minimum wages, and health and safety obligations.

How do I protect my brand and creations

You can register trademarks and designs with the Benelux intellectual property office. Use copyright notices and keep assignment or license agreements in writing. Consider confidentiality and non-compete clauses in founder, employee, and contractor agreements. Check domain name availability at an early stage.

Are there special rules for food, horeca, or retail

Yes. Food and horeca activities must register with the federal food safety agency and meet hygiene and traceability rules. Music in public spaces needs licenses from collective management organizations. Retail premises must comply with accessibility, fire safety, and consumer information rules. Sunday openings, terraces, and signage in Modave may require municipal authorization.

What should foreign founders know

EU, EEA, and Swiss nationals can establish freely. Non-EU founders typically require a professional card issued by the Walloon Region to engage in self-employed activities. Corporate documents can be prepared in French for Modave. Opening a Belgian professional bank account and proving funds are common requirements, especially for SA capital deposits.

Additional Resources

Federal Public Service Economy for business law and BCE - KBO matters. Moniteur belge for legal publications. National Bank of Belgium for filing annual accounts. Federal Public Service Finance for VAT and tax. INASTI - RSVZ for self-employed social insurance. ONSS for social security of employees. Accredited guichets d’entreprises such as Acerta, Xerius, Securex, Partena for registrations. Federation of Notaries - notaire services. Benelux Office for Intellectual Property for trademarks and designs. Belgian Data Protection Authority for GDPR guidance. Federal Agency for the Safety of the Food Chain for food business registrations. Walloon Public Service - economy, employment, and professional card. SPI - economic development agency for Liège province. Commune of Modave - urbanism and local taxes. Le Forem - employment service in Wallonia. Professional bodies such as IPI for real estate agents, ITAA for accountants and tax advisors, and Ordre des architectes for architects.

Next Steps

Clarify your business model, founders, funding, and timeline. Book a preliminary consultation with a business lawyer and a notary to select the legal form and plan incorporation. Engage an accountant to review tax and VAT choices. Reserve a distinctive business name and check trademark availability. Prepare the incorporation file: draft articles of association, shareholders agreement, and a robust two-year financial plan for an SRL. Open a professional bank account and, if required, deposit capital. Register with a guichet d’entreprises to obtain your BCE - KBO number, activate VAT, and choose NACEBEL codes. Complete UBO registration after incorporation. If you have premises in Modave, contact the commune early to verify zoning and permits, and file any permis d’urbanisme or permis d’environnement. Set up mandatory insurances and employment compliance before hiring. Throughout the process, keep written records and calendars of statutory deadlines, and seek tailored legal advice for any regulated activities or cross-border elements.