Investing in a company in Belgium (professional card)

Investing in a company in Belgium (professional card)

The main requirement for obtaining a professional card is the need to invest in a growth sector in Belgium. Your application will be examined based on its economic merit. The Region where the application is submitted must deem the project to be of interest.

Our services:

We offer a range of services and advice to help you compile your dossier and ensure that your project has the best possible chance of success.

With over eighteen years of experience working as an immigration lawyer and with a degree in Business Creation and Growth from the Solvay Business School, Emmanuelle Halabi also runs and manages several businesses in addition to her work as a lawyer. Thanks to her business knowledge, Emmanuelle Halabi will monitor all aspects of your dossier and offer pertinent advice.

Our law firm can help you create a company or invest in a company in Belgium. Where necessary, we work with fellow experts: lawyers specialising in company law and tax law, as well as with a notary, accountant and a social office for the self-employed.

Good to know

The Belgian government has introduced a range of measures and tax incentives to make Belgium more attractive to international investors. Moreover, the Brussels-Capital Region actively encourages innovation, research and development.

You may be entitled to a range of deductions and tax breaks.

For more information, read our article entitled ‘Investing in Belgium’ (professional card).

Obtaining a residence permit by investing in Belgium

Anyone wishing to pursue an independent professional activity in Belgium either as a natural person, or a company/association agent – whether this role is paid or not – must first obtain a professional card.

Several situations may arise, such as you want to:

  • create a new company
  • open a branch of an company already operating overseas
  • buy an existing Belgian company
  • acquire shares in an existing company as an active partner

Certain categories of foreign nationals are exempt from the requirement to obtain a professional card:

  • settled foreign nationals holding a valid identity card for foreign nationals or a valid and permanent CIRE (NB: certificat d’inscription au registre des étrangers or proof of registration at the register of aliens) i.e. persons in possession of a B, C or D card;
  • a foreign national of a Member State of the European Economic provided they reside with:
    • his/her spouse;
    • his/her descendants or his/her spouse’s descendants under age 21 or who are dependents;
    • his/her parents or his/her spouse’s parents who are dependents with the exception of the parents of a student or the parents of the student’s spouse;
    • the spouse or legally cohabiting partner of the persons indicated in b and c.
  • the spouse or legally cohabiting partner of a Belgian national providing they reside with him/her:
    • his/her descendants or those of his/her spouse or legally cohabiting partner under the age of 21 or who are dependents;
    • his/her parents or those of his/his spouse or legally cohabiting partner who are dependents;
    • the spouse or legally cohabiting partner of the persons indicated a) and b).
  • recognised refugees in Belgium;
  • the spouses (or legally cohabiting partners) who assist or replace their husband or wife (or legally cohabiting partner) in the exercise of his/her self-employed activity;
  • foreign  nationals who undertake business trips provided that the duration of the stay necessary for the trip does not exceed three consecutive months.
  • business trip means: travel to Belgium by a foreign national who does not have his/her primary residence in Belgium either on his/her own account or on behalf of his/her company with the aim of:
    • visiting business partners,
    • prospecting for and developing professional contacts,
    • negotiating and concluding contracts,
    • attending trade salons, fairs and exhibitions to present and sell the company’s products/services,
    • attending the company’s board meetings or general meetings;
  • foreign nationals who do not have their primary residence in Belgium and who come to Belgium to give lectures provided that the duration of the stay necessary for said activity does not exceed three consecutive months;
  • foreign journalists who do not have their primary residence in Belgium and who come to Belgium to perform services in the framework of their profession provided that the duration of the stay necessary for these activities does not exceed three consecutive months;
  • foreign sportsmen and women as well as their foreign self-employed coaches, if applicable, who do not have a primary residence in Belgium and come to Belgium to perform services in the framework of their respective professions provided that the duration of the stay necessary for these activities does not exceed three consecutive months;
  • foreign artists as well as their foreign self-employed assistants, if applicable, who do not have a primary residence in Belgium and come to Belgium to perform services in the framework of their respective professions provided that the duration of the stay necessary for these activities does not exceed three consecutive months;
  • foreign students authorised to stay in Belgium to take up an internship in the framework of their studies and for the duration of their internship;
  • foreign nationals coming to Belgium to take up an internship approved by the competent authority in the framework of development co-operation or reciprocal exchange programmes for the duration of their internship;
  • foreign nationals who carry out an itinerant commercial activity, either as a natural person on their own account or as an assistant, or as a person responsible for the day-to-day management of a legal person carrying out itinerant commercial activities or as an active partner in such a company; access to this activity is however subject to prior obtaining the itinerant commercial card, issued by the Economic Authorisation Service;
  • foreign nationals registered on the roll of the Bar Association or on the list of trainees, pursuant to the Royal Decree of 24 August 1970 derogating from the nationality requirement laid down in Article 428 of the Judicial Code relating to the title and practice of the legal profession;
  • senior managers and researchers working in coordination centres as set out to in royal decree n° 187 dated 30 December 1982 on the establishment of coordination centres;
  • Swiss nationals benefiting from the Agreement dated 21 June 1999 between the European Union and the Swiss Confederation on the free movement of persons;

What documents to I need to submit with my application?

1) The application is made by means of a form duly completed, dated and signed by you.

2) The application must contain all the required documents, as well as all supporting documentation the applicant deems useful for the examination of his/her file.

The application must include documents that make it possible to judge the utility of the project, as well as all the relevant documents for the examination of the file.

Here is a non-exhaustive list of the documents that may be submitted with the application:

  • detailed description of the project
  • CV
  • copy of qualifications
  • financial capacity of the applicant
  • market research reports
  • financial plan
  • financial analysis
  • contacts with commercial partners
  • draft contracts
  • statutes of the company or draft statutes
  • etc.

3) The form must also include proof of payment of the processing fee (indicated at the start of the application process).

The application for the professional card and its renewal is subject to payment of a tax of 140 Euros and, after the card has been issued, an amount of 90 Euros per year of validity must also be paid. If you need to modify and/or replace your card you will be required to pay 140 Euros; however, the administrative fee of 90 Euros is no longer payable.

Prior to starting the process to obtain a professional card, it is strongly recommended that find out about the sectors in demand in the Region in which you wish to invest, and conduct market research (supply and demand, competition, etc.).

Prior to starting the process to obtain a professional card, it is strongly recommended that find out about the sectors in demand in the Region in which you wish to invest, and conduct market research (supply and demand, competition, etc.).

For more information, read our article entitled ‘Investing in Belgium’ (professional card).

Various regional institutions can advise and guide you.

A few useful links:

Investing in Belgium:

https://www.business.belgium.be/fr/investir_en_belgique

https://www.business.belgium.be/fr/investir_en_belgique

Investing in Brussels:

http://www.investinbrussels.com

http://www.abe-bao.be/fr

Investing in Wallonia:

http://www.infos-entreprises.be/fr

Growth investment sectors:

http://www.infos-entreprises.be/fr/les-secteurs-les-plus-en-vue-6

http://www.infos-entreprises.be/sites/default/files/cluster_wallons_-_rapport_merit_ernst__young.pdf

http://www.infos-entreprises.be/fr/les-poles-de-competitivite-110