Non-EU founders sign for a Dutch BV with a QES power of attorney: a short video call with the notary to explain what it authorises, then a qualified electronic signature on the document itself. You never need to travel to the Netherlands. A local notary and apostille only come into it as a fallback, or for certain corporate documents.
Why you need to sign at all
A Dutch BV (besloten vennootschap) only exists once a Dutch civil-law notary (notaris) has passed a deed of incorporation. The notary must execute that deed, confirm your identity and confirm the articles of association are lawful, so the signing step is a real legal requirement, not paperwork you can skip.
Dutch law doesn't require you to be in the room for that, though. You can act through a representative under a written mandate, and that mandate, the power of attorney, is what makes fully remote formation possible. This guide covers the signing step in detail; our non-EU founders guide covers the whole process end to end, and before you start covers everything else worth knowing before you apply.
The standard route: a QES, then a video call with the notary
A QES is a qualified electronic signature under the EU's eIDAS rules. A qualified trust service provider verifies your identity, typically against your passport, then issues the signature you use to sign the power of attorney online. It carries the same legal weight as signing on paper, without the travel.
The notary then holds a short video call with you to explain what the power of attorney authorises, and you sign it with your QES. We help arrange the call and guide you through the QES step.
The power of attorney, explained
A power of attorney (volmacht in Dutch) is a document in which you, the founder, authorise the notary's office to carry out a specific legal act on your behalf, in this case forming your BV. The notary drafts it, not you, and it's deliberately narrow: it names the exact company, the agreed articles of association, and the exact acts the holder may carry out.
What it authorises, and what it doesn't
A formation power of attorney is single-purpose. It typically authorises someone at the notary's office to:
- Sign the deed of incorporation on your behalf, for one named BV, with the agreed articles of association.
- Take up the shares on your behalf, or on behalf of your shareholders, in the agreed proportions.
The notary then registers the BV with the KVK and obtains its registration number, and files the UBO details identifying the beneficial owner or owners, in its own capacity.
It does not make anyone a director, give anyone signing rights over your bank account, or hand over ongoing control of the BV. Once the deed is passed and the KVK registration is issued, the mandate has done its job. You remain the owner, and the director, unless you appoint someone else. See our director-liability guide for how directorship works after formation.
When a local notary and apostille apply instead
The QES and video call is the standard route for every founder we work with. A local notary and apostille only come in as a fallback, for example if you can't complete the QES identity check, or for certain corporate-shareholder documents where your jurisdiction requires certification, which can be the case for, among others, China and Turkey.
An apostille is a certificate under the 1961 Hague Convention that confirms a local notary's signature and seal are genuine, so a foreign document is accepted in the Netherlands without further legalisation. Where it's needed, you sign the document before your own local notary, then obtain the apostille from the designated authority in your country, commonly the foreign ministry, a court, or a state office (this varies by country, so confirm the right body where you are). Our apostille guide goes into this in more depth.
If your company documents need a local-notary certification or apostille, that's included in the Corporate shareholder package. If an individual shareholder has to use this fallback route, we'll tell you what's involved before anything is booked.
Corporate shareholders and multiple founders
The signing mechanism is the same whoever holds the shares, but two things change:
- Each individual founder signs their own power of attorney with their own QES. With more than one shareholder, everyone's signature needs to be in before the notary can pass the deed, so the slowest signer sets the pace.
- A corporate shareholder supplies more documents: a registry extract or certificate of incorporation, its articles of association, a register of shareholders, a structure chart down to the individuals, confirmation that the signatory is authorised (for example a board resolution), and identity documents for every beneficial owner. Depending on your jurisdiction, some of these may need a local-notary certification and apostille.
Our Multiple shareholders and Corporate shareholder packages cover the extra identity checks and document review this involves; see pricing for what's included in each.
How signing fits your timeline
In our best-case timeline, a UK solo founder with an individual shareholding books the notary call and obtains their QES on day 2, then signs the power of attorney on a video call with the notary on day 4. That's a best case, not a guarantee. Our estimate for the typical range is roughly two to three weeks, including collecting your documents and arranging translations, depending on your circumstances, the notary's availability and KVK processing. All timelines are estimates, not guarantees.
A few things specific to signing can add time: needing an interpreter for the video call if you're not fluent in English, more shareholders each needing their own identity check and QES, and, for a corporate shareholder, gathering and where necessary certifying the extra documents above. See how it works for the full day-by-day breakdown and everything else that can add time.
Mistakes that cost time
- Leaving your QES to the last minute. The identity check takes a little time; start it as soon as we ask for it.
- Assuming a local notary and apostille is the default. It's a fallback, or a corporate-jurisdiction requirement, not the standard route.
- Not flagging early that you'll need an interpreter. We can schedule one for the video call, but it adds scheduling time if we find out late.
- Sending an incomplete corporate pack. A corporate shareholder that's missing the structure chart or signatory authorisation stalls the whole deed.
None of these are hard to avoid; they just need sorting before the clock starts. If you're not sure which route applies to you, tell us about your situation and we'll confirm.
This guide is general information, not tax or legal advice. Rules and rates change; check the current position and get advice on your own situation before acting.
FAQ
No. Every founder signs the same way: a short video call with the notary to explain the power of attorney, then you sign it with a qualified electronic signature (QES). The notary executes the deed on your behalf. A local notary and apostille only apply as a fallback, or for certain corporate documents.
A QES is a qualified electronic signature issued under the EU's eIDAS rules. A qualified trust service provider verifies your identity, then issues the signature you use to sign the power of attorney online. We guide you through the process; we don't recommend a specific provider.
It's a single-purpose mandate: it authorises someone at the notary's office to sign the deed of incorporation on your behalf, for one named BV with the agreed articles, and to take up the shares in the agreed proportions. The notary then registers the BV with the KVK and files the UBO details in its own capacity. It doesn't make anyone a director or give anyone control of the company or its bank account.
Only as a fallback, for example if you can't complete the QES identity check, or for certain corporate-shareholder documents where your jurisdiction requires certification, which can be the case for, among others, China and Turkey.
The signing mechanism is the same, but a corporate shareholder also needs to supply a registry extract or certificate of incorporation, its articles, a register of shareholders, a structure chart, confirmation that the signatory is authorised, and identity documents for every beneficial owner.
If you're not fluent in English, the notary may require an interpreter for the call. We schedule one; it can add a few days.
Ready to start? We run the QES signing flow for your power of attorney, schedule your video call with the notary, and coordinate the rest. Before you start →