Why you should use a Dutch lawyer
Before you set up your Netherlands company or employ/relocate staff members it’s advised to have a good understanding of the Dutch company laws, and the legal consequences.
Our Dutch lawyers and legal consultants have experience in dealing with Dutch startup companies of B. Amsterdam (Europe’s biggest startup ecosystem, based in Amsterdam), or expats of IamExpat.nl, and several other communities, that rely on our Dutch lawyer services. INCO Business Group has a reputable name as a Dutch law firm, and our entrepreneurial attitude allows us to provide simple legal solutions, for fixed fees and without hidden (hourly) charges.
Our Dutch legal services are aimed to add value for your business and to ensure that your business grows safely, without having to focus on the legal gaps or waste money on endless legal reports and unnecessary legal help. We focus on the legal problems that matter and tackle them with a no-nonsense approach.
A Dutch lawyer might not always be necessary. Luckily, most of our clients don’t need our legal help. In the first instance our lawyers are focussed on improving our core formation and company officer services, and to ensure that we can provide you with legal help as part of our standard services, without extra charges.
However, every entrepreneur has to deal with unexpected events, or complicated matters, for example in the case of the exponential growth of your organisation. This will require an eye for detail and bespoke legal services.
As a global entrepreneur, it’s important not to underestimate the complexity of the legal system, that you have no experience with yet. There is a lot of interesting legal information available on the internet, and online standard templates might be handy. But when it comes to Dutch law, the devil lies in the details.
By appointing INCO as your Dutch lawyer, you avoid such scenarios, so you can focus on your business.
Application of Dutch legal services
Each company and their Dutch legal requirements are unique. However, over the years, we have seen certain trends among our clients, and INCO Business Group has shaped the services below to deal with the typical requests of global entrepreneurs and multinationals expanding to the Dutch market:
Immigration Law; Our Immigration lawyers can assist with your (temporary) residency permit applications or issues
Litigation: To legally represent your business and assist our clients who are involved in lawsuits.
Dutch tax advice and tax consultancy: Inform on tax compliance, and tax regulations. Providing tax planning services to minimize tax liabilities, or apply for a Tax ID (such as VAT registration in The Netherlands) or Tax Rulings (such as on Transfer Pricing)
Company registration in the Netherlands: Drafting shareholders agreements, formation deeds, and other corporate documents.
Dutch Employment regulations and labour law: how to draft a Dutch employment contract (consider the rights of the employees, and liabilities of employers), using non-disclosure and confidentiality agreements and resolving employee disputes.
International Legal Services for Trading Companies: Legal help for companies in the trade sector, our Dutch lawyers can help with import and export regulations, customs affairs, international trademark, import certificates, and much more.
Buying Real estate in The Netherlands: Our Dutch real estate lawyers represent clients who are planning to invest in property in the Netherlands or who are involved in real estate litigation.
Examples of Legal help in The Netherlands
How can our Dutch lawyers provide you legal help? Simple! We have developed legal products and services that allow us to provide you with a clear timeline, and a fixed fee for our full legal support in a project.
One of the first steps would be to identify your legal problems and to create a Legal Memorandum about your situation.
Litigation in the Netherlands
Our Dutch lawyers in the Netherlands represent our clients (corporations and individuals) in court as well as in arbitration cases. We understand the complexity of litigation in The Netherlands and therefore deliver services that will be satisfactory in terms of overall costs, and the time needed to solve the dispute.
Court litigation is considered the last resort to resolve a matter with any of your customers, employees, suppliers or other business parties. It’s our goal to avoid court litigation in The Netherlands where possible. In several situations, arbitration would be possible to resolve legal matters, such as in the case of solving corporate (disputes within the board (or versus the shareholders, etc.) and commercial matters.
Dispute resolution in the Netherlands our Dutch lawyers have years of experience in legal proceedings in the Netherlands and can assist Dutch corporations with Dutch litigation services and with arbitration and mediation.
From commercial or business disputes, corporate, banking and administrative disputes, or employment litigation, our Dutch lawyers can provide you professional guidance to resolve a legal dispute.
With proper diligence and our aim for alternatives to court litigation whenever possible, we are only focused on the interest of the client, both from an economic and from a legal point of view.
Please contact our litigation lawyers in the Netherlands for a free consult, or to discuss more information about our Dutch dispute resolution services.
Debt Collection in the Netherlands
Every company, especially who deals in international business, has to deal with unpaid invoices! It can be hard to claim your money, in markets where you are not familiar with the legal process of debt collection.
Our debt collection lawyers in the Netherlands can assist you in case you are dealing with an unpaid invoice!
We have years of experience in dealing with debt collections, and The Netherlands provides a wide range of legal options to freeze your debtors assets and start a court case (at relatively low fees). Obviously our aim is to provide a court case at all times, but if you have a valid claim on your debtor, the threat of a court case is taken very seriously in The Netherlands.
Our Dutch lawyers have developed a strategy for debt collection in The Netherlands, which allows our clients to profit from a low-cost approach, with maximum effect. INCO Business Group applies a hybrid fee structure, in which we charge a basic setup fee, in combination with a success fee, which will be due only once your debtor has paid its invoice!
In case your debtors do not settle his bill, we will offer a fixed fee for the entire procedure to prepare and finalize a lawsuit before the Dutch court.
Please contact our Debt collection lawyers in the Netherlands for a free consult, or to discuss more information about our services to collect your debts.
Mergers & Acquisitions in The Netherlands
Are you planning to merge, or acquiring an existing business in The Netherlands? Our Dutch lawyers have experience in legal due diligence services to prepare a takeover or a merge in The Netherlands.
Aside from the legal due diligence, during which we focus on the current legal position of the target company, we can also assist with the purchase agreement, share transfer, and other corporate restructuring requirements.
We typically never work alone in these projects, and INCO relies on its network of esteemed Dutch accountants, Dutch corporate lawyers, and Dutch tax advisers, to bring a Dutch merge or acquisition to a proper end.
Liquidation or Dissolution of a Dutch corporation
You might have entered the Dutch market with the best intentions! And you might not want to hear about this, but most startups fail within 5 years, and expanding your company overseas might even be more challenging!
On an annual basis, INCO Business Group liquidates about 25 to 50 companies, who have decided to liquidate their company in The Netherlands, for a variety of reasons. Your Dutch company might have not taken off as projected, or it has gotten into financial difficulties. In any event, you can contact our Dutch lawyers to discuss the options to liquidate or dissolve your Dutch company.
For non-active companies or companies with hardly any assets, the procedure to dissolve a Dutch company is relatively easy. Although upcoming law changes are probably going to make this a bit more complicated. You can read more about that on our Business Dashboard.
If you decide to stop your operations in The Netherlands, it’s very important to consider the proper procedure to dissolve the company, instead of looking away from the entity and simply not spending any attention to it anymore. Once your company is no longer in good standing, you might be liable for fines and any liabilities against the company.
Our Dutch lawyers can provide your practical solutions to dissolve your Dutch company or liquidate your Dutch company. If need be, we can also assist you in Dutch bankruptcy procedures.
Dutch Real Estate Law
How do you buy real estate in The Netherlands, as a non-resident citizen? Can you even buy real estate, without being resident in the Netherlands? Yes, you can! In fact, it’s quite simple, and anyone, and any type of corporation, can become the owner of Dutch real estate. However, to transfer real estate in The Netherlands, as in most countries, requires the involvement of a notary public, and requires very special attention.
If you are planning to lease out your real estate, you have to consider the city planning, but also the rights of tenants, and how to deal with them (in case of disputes, or before that; when signing a lease agreement), please contact our Dutch lawyers who can help with these matters, including legal audits for real estate development projects, landlord/tenant agreements and dispute resolutions, mortgage issues as well as legal advice and court representation when a particular real estate matter is brought before the administrative courts (such as building permit refusals, challenging administrative decisions and others).
IT Law & regulations in The Netherlands
Are you a tech company, or do you rely on IT services or assets to run your business? You might have to consider IT law, and the IT regulations in The Netherlands. Whether it’s GDPR or protecting your copyright, our Dutch lawyers can assist you in dealing with IT laws and regulations, including but not limited to, contracts, negotiations and litigation.
Tax Advice in The Netherlands
If you set up a new business in an overseas country, like THe Netherlands, you have to consider all kinds of tax regulations. You want to avoid double taxation, and where possible minimise your tax liabilities. Our Dutch tax lawyers can assist you in this, and provide tax advice for sole proprietorships, to multinational companies.
Two important considerations that most businesses have to deal with are the local substance requirements (where is your company located, based on the applicable (if any) tax treaty? Or, which country is able to tax your company?) and the transfer pricing regulations (how MUCH of your profits can each country tax, how should your margins be divided among the companies involved in delivering the goods or products to your customers).
Our Dutch tax lawyers can assist you with these matters, and many other tax matters. We can provide you with an overview or detailed insight into the Dutch taxation system, and the tax incentives and benefits which are available.
Are you interested to know which tax treaties are currently in place with the Kingdom of the Netherlands, and how they work? Or do you have any other tax questions related to the Dutch tax system? Feel free to call our Dutch tax lawyers for a free consultation!
In order to inform entrepreneurs as carefully as possible, INCO has published numerous articles in our Business Dashboard, and even White Papers and videos on a variety of subjects.
What you should consider when working with a Dutch lawyer
Calling a Dutch lawyer for help is typically considered as expensive, but when you deal with INCO Business Group it’s really not! The question you should ask yourself is if you can really afford not to invest in professional legal help. What could be the costs, if you make any mistake in your corporate structuring or operations?
But make sure to select a Dutch lawyer who can give you a full understanding of the steps to take, and the investments which are required take these steps. INCO can provide you with fixed fees, and is focused on managing your expectations by providing you with all the right information before any legal help is provided!
The best piece of (free) advice that we can give you, is to give a call (or schedule a call, so we can call you!) to our Legal Consultants to discuss your situation and requirements.
More information about Dutch Lawyers
In this guide we have tried to give a non-legal and simplified overview of Dutch Tax and Accounting applications in the Netherlands. There are many specific requirements and regulations that we have not covered and we encourage you to look at the many articles that we have published in our Business Toolkit.