On June 1st, the Lower House adopted the bill on digital incorporation of private limited liability companies (DOBV), in line with the provisions of the directive. This law enables the online incorporation of a private limited liability company, with founders not having to physically report to the notary. Identification, discussion and signing of the deed can take place via video call.
Implementation of directive delayed
Member states were actually supposed to have implemented the directive by August 1st 2021.
The directive allowed for a one-year extension of this deadline, which the Netherlands took advantage of. The implementation was delayed again when the Parliamentary Committee of Justice and Security decided that the bill should first be dealt with in plenary discussion.
Current state of play
The Lower House passed the bill on digital incorporation of private limited liability companies on June 1st.
Currently, the bill is under consideration by the Senate Committee on Justice and Security. Members of the committee have until June 20th to make it known that they wish a written preparation. If no use is made of this, the committee will issue a blank final report, meaning it has no comments or questions on the bill.
The bill will then be passed by the Senate on June 27th, after which it is expected that the law can be introduced on January 1st 2024.
From the time of implementation, notaries can use a platform that will enable digital passing.