
Just like in other European countries, investors can establish in
Belgium a
special purpose vehicle (SPV), which is first registered following the regulations for
commercial companies operating on this market. However, such entities are incorporated for
securitization purposes and the businessmen who want to
open a company in Belgium must first analyse the legal requirements referring to the
status of a SPV. Those who need assistance on the applicable legislation can address to
our team of specialists in company formation in Belgium for in-depth details referring to the
SPV. Our agents can also help foreign investors in each step of the
incorporation.
The legal statute of a Belgian SPV company
A
Belgian SPV follows the
incorporation procedure available for
commercial companies. In
Belgium, foreign businessmen can register the
SPV under one of the following
legal entities:
• limited liability partnership.
Thus, the investors will have to draw the articles of association, a procedure which is performed in front of a public notary in Belgium.
However, a
SPV is established for
securitization purposes, which means that the
legal statute of the company must be completed following the regulations prescribed under the
UCITS Act (undertakings for collective investments in transferable securities). This is applicable in the case of
regulated receivables and
our company formation representatives in Belgium may provide more details in this sense.
Securitization in Belgium
Investors who are interested in
Belgian company formation under the form of a
SPV must know that
securitization is a type of investment tool in which the
financial assets are transferred in this type of
legal entity in the form of
secure transactions. The
assets, which can refer to
finance loans,
mortgages,
corporate loans,
receivables and
royalties, are protected from credit risks.
Taxation of a SPV in Belgium
Investors who want to invest in company formation in Belgium must also consider the taxation level available in Belgium. In the case of a SPV, the applicable legislation imposes the following taxes:
• value added tax, which is not imposed in many situations;
• withholding tax on payments.
Investors who want to receive more details on the procedure to
register a SPV company in Belgium are invited to
contact our consultants.