Registers
KvK Handelsregister
The Dutch business register is the statutory register kept by the Chamber of Commerce under the Business Register Act 2007. Owners of businesses and the directors of registered legal entities are obliged to file entries, and those filings must ensure that the data are correct and complete in the register at all times. A large part of the data and the documents deposited may be inspected by anyone; the Chamber issues a copy or extract of those data on request. For legal work the register matters above all for the legal effects attached to it: the third-party effect laid down in article 25.
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What this source does not give you
Not everything in the register is public: the telephone number, the citizen service number, the sex, country and place of birth of officers, their home addresses and screened visiting addresses are not. And an extract proves what has been registered, not what is true: the register is a snapshot that changes only after someone files an entry.
Frequently asked questions
- Can I rely on what the business register says?
- Within the limits of article 25 of the Business Register Act 2007 you can, and that article works in both directions. A fact that must be disclosed by registration or deposit cannot be invoked against third parties who were unaware of it as long as that registration or deposit has not taken place. Conversely, the owner of a business, the registered legal entity, or whoever filed or should have filed a fact, cannot invoke against unaware third parties the inaccuracy or incompleteness of the registration. The article has exceptions, among them filings on matters that under another statutory provision are also disclosed in a different way.
- Which data are public and which are not?
- Public are, among others, the name, trade name, statutory name and alternative name, the Chamber of Commerce number, the start, incorporation and registration dates, the visiting address, postal address, e-mail address and website, establishment data including the number of people working there, the business activities, the legal form and statutory seat, the issued and paid-up capital, the name and date of birth of a sole shareholder, and the name, date of birth, title, powers and date of appointment of officers and authorised signatories. Not public are the telephone number, the citizen service number, the sex, country and place of birth of officers, officers' home addresses and screened visiting addresses. A signature is also not issued by the Chamber in electronic form.
- When is a visiting address screened, and who can still see it?
- For a sole trader the owner can always have the visiting address screened, even where it is not the home address; a postal address must then be registered, and that postal address is public and may not be the same as the visiting address. For a partnership or legal entity it is possible only in the event of a concrete or likely threat, and screening on grounds of likely threat is not available to private and public limited companies, SEs and SCEs because of European legislation. Screened is not invisible to everyone: staff of administrative bodies, lawyers, civil-law notaries, bailiffs and parties subject to anti-money-laundering rules can still view the address with the Chamber's permission, and the address remains visible in the registration history.
- How current is an extract?
- Exactly as current as the last filing someone made. Article 19 of the Business Register Act 2007 obliges the persons under a duty to file to make the entries the Chamber needs to ensure that the data are registered correctly and completely at all times — that is an obligation on the entrepreneur, not a guarantee by the register. Between a change of director, a relocation or an amendment of the articles and its visibility in the register there is therefore always the time the filing takes. If you use an extract as support, record the date and time of retrieval with it, and for important transactions check again shortly before signing.
- Are terminated businesses still in the register?
- Yes. The Chamber of Commerce expressly states that the register also holds data on businesses and organisations that have ceased to exist, for instance so that it can be established who is responsible for repaying past debts. That includes the registration history: the name and role of a bankruptcy trustee and the name and address of the custodian of books and records are among the public data. For questions of liability and limitation, that historical layer is often more useful than the current picture.