US citizens hoping to set up a business in the Netherlands can apply for a work
permit and residence permit under the terms of the Dutch-American Friendship
Treaty. Such individuals must spend at least 4500 to 11,250 Euros (depending on
the type of company) of their own capital to set up their own business in
Holland. They can thus bypass much of the standard redtape and requirements of
other non-EU citizens. For example, US entrepreneurs in the Netherlands will
NOT have to prove that their business serves essential Dutch cultural or
economic interest.
More details on these requiremetns are available in a PDF document covering
different circumstances for studying and working in the Netherlands (document
dated December 2001).
www.everaert.nl/body/ILB%202001-3%20pagina%201-4.pdf
see the Section entitled “The American Dream' in the Netherlands” by Sevil
Karadag.
In it, Sevil states:
"The Friendship Treaty states three prerequisites for granting entry and
residency to the mutual subjects: to carry out commerce, to conduct a business
in which substantial capital has been invested or will be invested and for
other purposes, such as accompanying or following family members.
"Conditions for entry of an American entrepreneur
"The American entrepreneur who intends to enter on the grounds of the
Friendship Treaty must meet the following conditions in order to be eligible
for a residence permit:
* He must be an entrepreneur active in one of the legal Dutch company entities,
for example, a sole proprietorship or a partnership. He is not allowed to carry
out a "free profession", such as practicing law or medicine. He must engage in
commercial activities.
* A substantial amount of capital should be invested in the business. The
investment can be money as well as tangible goods. Substantial capital is meant
to be enough to be able to run an independent business. In the case of a sole-
proprietorship, a minimum of 10,000.- (4.500 EURO) must be invested in the
company, a partnership or a limited corporation would require at least 25% of
the capital and a minimum of 10,000.- (4.500 EURO). In the case of a public
corporation, there must be at least 25% of the placed capital and a minimum of
25,000.- (11.250 EURO). Furthermore, the funds must be the person's own and may
not be borrowed.
* Americans must provide evidence of their investment with recent figures that
have been checked by an independent, qualified professional. This can be an
accountant or a tax advisor who is a member of the Federation of the College of
Tax Advisors. Furthermore, to use the Treaty, it is important that the American
maintains the invested capital. This means that the assets can never fall lower
than required minimum for the type of company.
* The business must be registered in the Trade register of the Chamber of
Commerce
* A business plan is also necessary (with a prognosis of future profits).
* The Americans invoking the Treaty must be in possession of a valid passport
(for at least one more year from the date of application) and have arranged
health insurance.
* The Friendship Treaty further provides that the states are authorized to
apply measures that are necessary to maintain public order and to protect the
public health, morals and safety.
"If the application is well prepared and the above-mentioned conditions have
been met, the American entrepreneur will be eligible for a Residence Permit
"The intension of the Friendship Treaty is to simplify trade between the two
Parties. The conditions for American entrepreneurs who want to settle in the
Netherlands are certainly more straightforward than they are for other foreign
nationals. Americans utilizing the Treaty do not have to prove that their
business activities will serve essential Dutch economic interests. The
importance of this is not insignificant, as it frequently represents an
important obstacle in the entry procedure of other self-employed entrepreneurs.
The manner in which it is implemented in Dutch policy does not allow Americans
the full amount of rights that the Treaty actually offers. According to the
Treaty, Americans will be permitted to enter if they take the appropriate steps
to start a business. [...]
"The Dutch Ministry of Justice will answer queries concerning the red tape
involved in applying for residence in the Netherlands on 070-370 31 24 or 370
31 44. The voluntary organization, Access, in The Hague, can also put you in
touch with sources of help."
Additional information on setting up your own business in the Netherlands under
the statutes of the Dutch-American Friendship Treaty is available on:
Working as a self-employed person in the Netherlands
www.immigratiedienst.nl/pdf/werkenalszelfstang-eng.pdf
This PDF outlines the general and specific conditions and requirements for
setting up a business in the Netherlands ("Under which conditions can you work
in the Netherlands as a self-employed person?")
According to the The US Embassy in the Hague
(http://www.usemb.nl/usduinvr.htm), "During the last decade, the number of U.S.
companies established in the Netherlands has grown to more than 1,600. […]U.S
investors see the Netherlands as one of the most attractive countries for
setting up European Headquarters, Call Centers, Shared Service Centers (SSCs)
and European Distribution Centers (EDCs)." Many of these businesses are
European headquarters and distribution centers for multinational companies.
Another Web site that may be of help to you has links and useful information on
working in, studying in and relocating to specific European countries:
Expat access
http://www.expataccess.com/netherlands/Residency.shtml
Best of luck! |
