Directors residency requirements

[jonny512379]

Hello & Thank you

 

I operate a website, with no physical premises required. I work from home.

The Netherlands is more favourable to my business type and is within the EU.

 

Unfortunately i am a British (non-EU) citizen / passport holder.

I live full time in Spain and have full Spanish residency (with the right to live and work in Spain/EU).

My business trades mostly with UK customers, but plans to expand across Europe.

The business uses 3rd party companies based in the UK, USA, Canada, Spain & The Netherlands.

 

What are the requirements for me to register my company in The Netherlands. 

I do not live in The Netherlands, I live full time in Spain.

Can i be the sole director being a UK citizen but with full Spanish residency?

 

The reason for me wanting a Netherlands based company, is banking.... as after the UK left the EU :-( , this has made it difficult to impossible to access some EU banks/services

 

Thank you

Jon

 

15 april aangepast door jonny512379

[Jeroen Kisters RPLU ARe]

Hi Jon,

 

You need to bear in mind that it's in theory possible to be the sole director of a Dutch BV (i.e., ltd.). However, in practise your Dutch company would (also) fall under the tax regime of the Spanish IRS. So, I believe that's not the solution to your challenge if it concerns finding a banking solution only.

 

Why not simply incorporate a company (SL or LLC) in Spain and combine that with for example a business account with Wise which you also can connect to accounting software and for example Stripe and Shopify?

16 april aangepast door Jeroen Kisters RPLU ARe

[Joost Rietveld]

Welcome to the forum,

 

Furthermore, if you think having a Dutch company, whilst you - as the director - live in Spain, will make opening a bank account easier, you'll be coming home from a cold funfair (as we say in Dutch) .

 

Dutch banks will not open a bank account for a Dutch company if there is no Dutch resident working as a director for the company (EU compliance regulations...)

[jonny512379]

7 hours ago, Jeroen Kisters RPLU ARe said:

Hi Jon,

 

You need to bear in mind that it's in theory possible to be the sole director of a Dutch BV (i.e., ltd.). However, in practise your Dutch company would (also) fall under the tax regime of the Spanish IRS. So, I believe that's not the solution to your challenge if it concerns finding a banking solution only.

 

Why not simply incorporate a company (SL or LLC) in Spain and combine that with for example a business account with Wise which you also can connect to accounting software and for example Stripe and Shopify?

Thank you very much for you advice. Maybe i should have added what my business does, but did not want to offend anyone. Basically i advertise the services of escorts (this is kind of a grey area in Spain. I cannot advertise escorts in Spain, but they are not in Spain, they are in the UK).
From what i read about laws in the Netherlands, i cannot find anything that forbids online advertising of escort services in the Netherlands.
So the only reason is not that i need access to EU banking services

[jonny512379]

1 minute ago, Joost Rietveld said:

Welcome to the forum,

 

Furthermore, if you think having a Dutch company, whilst you - as the director - live in Spain, will make opening a bank account easier, you'll be coming home from a cold funfair (as we say in Dutch) .

 

Dutch banks will not open a bank account for a Dutch company if there is no Dutch resident working as a director for the company (EU compliance regulations...)

Ahh OK, i think that answers my question, so i would need a Dutch director?

 

[Joost Rietveld]

at least, or a different bank and thus company) somewhere else in the EU. But I can't help you with any tips on that

[jonny512379]

Just now, Joost Rietveld said:

at least, or a different bank and thus company) somewhere else in the EU. But I can't help you with any tips on that

Understood, and thank you very much for your advice!

[Joost Rietveld]

welcome

[Freeaqingme]

I would like to add one thing to the discussion. I agree with Joost that the big Dutch banks will surely make a problem of directors outside The Netherlands during KYC. However, some neobanks try to serve the entire EU, and so I'm not sure if they also would make an issue because of it (but maybe Joost has experience with this as well).

 

Having said that; even if the bank does not make an issue out of it; surely there will be other issues that arise from it. Also if you were to get a Spanish bank account with a Spanish IBAN there will be some iban-discrimination as well.

[Joost Rietveld]

22 minuten geleden, Freeaqingme zei:

However, some neobanks try to serve the entire EU, and so I'm not sure if they also would make an issue because of it (but maybe Joost has experience with this as well).

 

Not from first hand, but there are ample trouble stories about failing or unreachable helpdesk's, or even simply not servicing companies. But still worth the search, as I suggested earlier, for another bank