Doing Business in the European Union 2021

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Doing Business in the European Union 2021
THE NETHERLANDS

   Doing Business in the
   European Union 2021:
Austria, Belgium and the Netherlands

      Comparing Business Regulation for Domestic Firms
      in 24 Cities in Austria, Belgium and the Netherlands 
          with Other European Union Member States

                                              with funding by the European Union
Doing Business in the European Union 2021
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Doing Business in the European Union 2021
i

Contents

Doing Business in the Netherlands................................................................................................. 1
     Main findings.........................................................................................................................................................................3
          Dutch entrepreneurs operate in a homogeneous regulatory framework, but their experience dealing with business
             regulation varies at the local level........................................................................................................................................................3
          Subnational differences highlight opportunities for cities to learn from each other....................................................................4
          The time to do business varies widely across the country, but the overall quality of regulation is uniform........................5
          Good performances exist across the country.........................................................................................................................................6
     What’s next?......................................................................................................................................................................... 6
         Replicating domestic good practices would improve the Netherlands’ scores for the ease of enforcing contracts
             and dealing with construction permits...............................................................................................................................................6
         The Netherlands can also look to other EU member states and beyond for good practices....................................................7

     Starting a Business .............................................................................................................................................................. 9
           The process of starting a business is uniform, but the cost varies across the 10 cities benchmarked..................................9
           It is easier and faster to start a business in the Netherlands than the EU average....................................................................10
           Entrepreneurs complete five procedures and wait nine days to start a business.......................................................................10
           What can be improved?.................................................................................................................................................................. 12

     Dealing with Construction Permits.....................................................................................................................................16
          Dealing with construction permits is easiest in Middelburg and hardest in Enschede............................................................ 16
          On average, Dutch cities lag their EU peers on measures of efficiency and quality in construction permitting.............. 16
          Dealing with construction permits in the Netherlands involves 11 common steps................................................................... 16
          Despite national legislation, the number of procedures ranges from 13 to 16............................................................................. 17
          Construction permitting is fastest in Groningen, Middelburg, and Rotterdam, and slowest in Enschede and The Hague..... 18
          Building permit fees represent the largest source of variation in cost across cities.................................................................. 19
          What can be improved?................................................................................................................................................................. 20

     Getting Electricity............................................................................................................................................................... 24
          Obtaining an electricity connection in the Netherlands takes longer but costs significantly less than the EU average..... 24
          Entrepreneurs benefit from a standardized process, but variations exist in the time and cost to get an electricity
              connection................................................................................................................................................................................................ 25
          The Netherlands has a reliable grid, and its robust regulatory framework reflects good practices..................................... 27
          What can be improved?................................................................................................................................................................. 28

     Registering Property........................................................................................................................................................... 30
          The Dutch land registry is a centralized, deed-based system in which notaries and registrars play a key role .............. 30
          Registering property in the Netherlands is fast but relatively expensive..................................................................................... 30
          Four of the five steps to transfer property are conducted online.................................................................................................... 30
          The Netherlands’ streamlined and fast process to register property is the result of a series of reforms............................31
          Investments in digital infrastructure has paid off, especially in times of crisis.......................................................................... 32
          What can be improved?..................................................................................................................................................................33

     Enforcing Contracts............................................................................................................................................................ 35
          Court efficiency varies across the country, but all courts lag on the quality of judicial processes....................................... 35
          Commercial disputes follow a straightforward and consistent process across the country...................................................... 35
          Enforcing contracts is fastest in Eindhoven but cheapest in Middelburg.................................................................................... 37
          What can be improved?.................................................................................................................................................................40

City Snapshots and Indicator Details............................................................................................47
Acknowledgments........................................................................................................................68
Doing Business in the European Union 2021
ii
Doing Business in the European Union 2021
Doing Business in
                 THE NETHERLANDS

                                              Groningen

               Amsterdam
                                                     Enschede

             The Hague       Utrecht
                                               Arnhem
                Rotterdam

Middelburg                             Eindhoven

                            Maastricht

                                                                Back to Contents
2   DOING BUSINESS IN THE EUROPEAN UNION 2021: AUSTRIA, BELGIUM AND THE NETHERLANDS

                         Doing Business in the Netherlands benchmarks business regulation
                         applying to small and medium enterprises in 10 cities (Amsterdam,
                         Arnhem, Eindhoven, Enschede, Groningen, The Hague, Maastricht,
                         Middelburg, Rotterdam, and Utrecht) across five Doing Business
                         areas (starting a business, dealing with construction permits, getting
                         electricity, registering property, and enforcing contracts).

                         Eindhoven and Middelburg place consistently in the top five across
                         indicator areas. Maastricht leads in getting electricity, Middelburg
                         in dealing with construction permits, and Eindhoven in enforcing
                         contracts. Five cities rank among the top half in at least two indicators
                         and among the bottom half in at least two others, suggesting that they
                         have something to teach and something to learn from their neighbors.

                         Subnational score variations are most significant in the ease of dealing
                         with construction permits, enforcing contracts, and getting electricity.
                         These disparities can help policy makers identify which cities have
                         good practices that other cities can adopt and improve without major
                         legislative overhaul. Cities perform homogeneously in starting a
                         business and registering property.

                         The regulatory framework for the five areas is set at the national
                         level and applies across all Dutch cities. All locations score the same
                         on quality components of the Doing Business indicators. They obtain
                         the highest score globally for the quality of the centralized land
                         administration framework (registering property).

                         Replicating local good practices can boost the Netherlands’
                         competitiveness, especially in dealing with construction permits
                         and enforcing contracts. In starting a business, getting electricity,
                         and registering property, the country can also look elsewhere in the
                         European Union and globally to improve its business regulation.

                         Time is the main source of variation among the performances of the
                         Dutch cities benchmarked. Firms in Utrecht spend more productive
                         hours complying with regulatory requirements than elsewhere in the
                         country—four months more than their peers in Eindhoven.

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DOING BUSINESS IN THE NETHERLANDS                           3

S
       mall and medium enterprises                            Doing Business provides objective mea-
       (SMEs) play an important role in                       sures of business regulations and their                        MAIN FINDINGS
       the Dutch economy, representing                        enforcement across 191 economies. It is
99.8% of the country’s enterprises and                        founded on the principle that economic                         Dutch entrepreneurs operate
employing 63.8% of the workforce.                             activity benefits from clear rules: rules                      in a homogeneous regulatory
SMEs in the Netherlands generate EUR                          that allow voluntary exchanges between                         framework, but their experience
240 billion annually, or 62.3% of total                       economic actors, set out strong property                       dealing with business regulation
value-added, almost 6 percentage points                       rights, facilitate the resolution of com-                      varies at the local level
higher than the EU average (56.4%).¹                          mercial disputes, and provide contractual                      The regulatory framework for the five
The Dutch government supports SMEs                            partners with protections against arbi-                        areas is set at the national level and
by providing an extensive network of                          trariness and abuse. Such rules are much                       applies across all 10 cities. All locations
agencies, including the Netherlands                           more effective in promoting growth and                         score the same on quality components.5
Enterprise Agency (Rijksdienst voor                           development when they are efficient,                           Processes are homogeneous across the
Ondernemend Nederland, RVO), which                            transparent, and accessible to those for                       Netherlands for starting a business and
aims to facilitate entrepreneurship,                          whom they are intended. Regulations                            registering property, unsurprising given
access to funding, networking, and                            must be implemented properly to make                           the high level of centralization in these
compliance with laws and regulations.                         it easier for entrepreneurs to do business.                    areas. More variation exists in dealing with
The Netherlands Chamber of Commerce                                                                                          construction permits, getting electricity,
(Kamer van Koophandel, KVK), which                            This report highlights divergences in                          and enforcing contracts, either because
informs and supports entrepreneurs                            regulatory performance—including in                            local authorities and agencies can regu-
at the local level through 18 agencies                        the implementation of the regulatory                           late further or because national rules are
located across the country, also plays                        framework at the local level—among 10                          implemented inconsistently across cities.
a critical role. The Netherlands offers                       Dutch cities: Amsterdam, Arnhem, Eind-
regulatory incentives to encourage local                      hoven, Enschede, Groningen, The Hague,                         Six of the benchmarked cities top the
and foreign investors to establish and                        Maastricht, Middelburg, Rotterdam, and                         ranking in at least one measured area,
operate businesses. For example, the                          Utrecht.4 It analyzes the regulatory hur-                      with Eindhoven and Middelburg placing
government abolished the EUR 18,000                           dles faced by entrepreneurs and suggests                       consistently among the top five cities
minimum capital requirement² to sup-                          ways to make it easier to do business                          across all five regulatory areas (table
port small business creation. Despite                         across the five areas benchmarked by                           1). Conversely, Utrecht ranks consis-
these efforts, the Netherlands performs                       providing good practice examples from                          tently in the bottom half. Five other cit-
below the EU average for the ease of                          the Netherlands and other EU member                            ies—Amsterdam, Arnhem, Enschede,
doing business.³                                              states.                                                        Maastricht, and Rotterdam—rank among

 TABLE 1 Six benchmarked cities top the rankings in at least one area
                                                                Dealing with
                               Starting a business           construction permits             Getting electricity           Registering property            Enforcing contracts
                               Rank           Score            Rank          Score            Rank           Score           Rank           Score           Rank           Score
 City                         (1–10)         (0–100)          (1–10)        (0–100)          (1–10)         (0–100)         (1–10)         (0–100)         (1–10)         (0–100)
 Amsterdam                        7            91.50             4            66.92             4            86.63             7            80.01             8            59.94
 Arnhem                           1            91.70             7            65.85             6            84.24             5            80.06             6            60.46
 Eindhoven                        5            91.57             2            68.89             2            87.08             1            80.10             1            62.24
 Enschede                         1            91.70            10            62.75            10            82.73             5            80.06             3            61.62
 Groningen                        1            91.70             5            66.88             9            82.95             1            80.10             5            61.49
 The Hague                        7            91.50             9            65.11             5            85.43             7            80.01             7            59.99
 Maastricht                       5            91.57             6            65.95             1            87.19             1            80.10            10            59.09
 Middelburg                       1            91.70             1            69.47             3            86.63             1            80.10             2            61.87
 Rotterdam                        7            91.50             3            68.32             7            84.24             7            80.01             4            61.61
 Utrecht                          7            91.50             8            65.60             8            83.37             7            80.01             9            59.89
 Source: Subnational Doing Business and Doing Business databases.
 Note: Data for Amsterdam are not considered official until published in the Doing Business 2021 report. The indicator scores show how far a location is from the best performance
 achieved by any economy on each Doing Business indicator set. The scores are normalized to range from 0 to 100 (the higher the score, the better). For more details, see the chapter
 “About Doing Business and Doing Business in the European Union 2021: Austria, Belgium and the Netherlands.”

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4   DOING BUSINESS IN THE EUROPEAN UNION 2021: AUSTRIA, BELGIUM AND THE NETHERLANDS

    the top half in at least two indicators and     In the three other areas measured,                            the location. Variations in the number of
    among the bottom half in at least two           however, significant disparities in regula-                   required procedures stem from locally
    indicators, suggesting that they have           tory performance can help policy makers                       determined water and sewage con-
    something to teach and something to             identify opportunities to improve admin-                      nection processes and the local-level
    learn from their neighbors. Getting elec-       istrative processes and building local                        application of the Bibob law to combat
    tricity is easiest in Maastricht, the place     institutional capacity. The regulatory                        money laundering.7 In nine cities, water
    where contract enforcement is the most          performance gap is widest for dealing                         and sewage connections require separate
    difficult. Enschede is among the top-           with construction permits, unsurprising                       applications; the municipality arranges
    performing cities for enforcing contracts,      considering the central role played by                        sewage connections and private sector
    but the city scores poorly for dealing          local authorities in this area (figure 1).                    companies arrange water connections.
    with construction permits and getting                                                                         Amsterdam is the exception. There, a pri-
    electricity. By contrast, Amsterdam ranks       In the Netherlands, dealing with con-                         vate company, Waternet, performs both
    high in the latter two indicator sets, but it   struction permits requires between 13                         water and sewage connections. The cit-
    lags in contract enforcement.                   and 16 procedures, which can be com-                          ies where the municipality is responsible
                                                    pleted in 168 to 233 days, depending on                       for sewage connections have notably
    With remarkable consistency, Eindhoven
    ranks at the top for contract enforcement,
    co-leads for property registration, and is      FIGURE 1 The regulatory performance gap is wide in three areas
    the runner-up for dealing with construc-
                                                    Doing Business score (0–100)
    tion permits and getting electricity.
                                                                   Starting a           Dealing with            Getting              Registering             Enforcing
    Similarly, Middelburg leads on construc-                        business            construction           electricity            property               contracts
                                                                                          permits
    tion permitting, with the second-fastest        100
    time and one of the least expensive                                   EU best                               EU best
                                                                          (Greece)                             (Germany)               EU best
    processes. The city also shares the top                                                                                          (Lithuania)
    position for starting a business and regis-                All 10 Dutch cities
                                                                                          EU best
    tering property. Rotterdam is among the          90                                  (Denmark)
                                                               EU average                                      Maastricht
    most efficient locations for dealing with
    construction permits.
                                                                                                                                 All 10 Dutch cities           EU best
                                                                                                                Enschede                                     (Lithuania)
    Subnational differences highlight                80
    opportunities for cities to learn
    from each other
    Dutch cities show homogeneous results in
                                                                                        Middelburg
    two regulatory areas where they outper-          70

    form the EU average: starting a business
    and registering property. The process of                                                                                                                 Eindhoven
    transferring property, which is fast but                                             Enschede
                                                     60
    relatively costly, is uniform nationwide and
                                                                                                                                                             Maastricht
    relies heavily on notaries. All Dutch cities
    obtain the highest scores globally for the
    quality of the centralized land administra-
                                                     50
    tion framework.6 It is easier and faster to
    start a business in the Netherlands than
    in the EU on average. The prevalence
    of centralized online systems—like the            0
    online platform hosted by the Netherlands                           Highest score in country               Lowest score in country                 Country average
    Chamber of Commerce—ensures that
    the business registration process is also
                                                    Source: Subnational Doing Business and Doing Business databases.
    uniform across the 10 benchmarked cities.       Note: Data for Amsterdam, EU averages, and EU best performances are not considered official until published in the
    In both regulatory areas, marginal differ-      Doing Business 2021 report. The score indicates how far a location is from the best performance achieved by any
                                                    economy on each Doing Business indicator. The score is normalized to range from 0 to 100 (the higher the score, the
    ences stem from variations in the fees          better). Averages for the Netherlands are based on data for the 10 cities benchmarked. Averages for the European
    charged by private notaries to register a       Union are based on economy-level data for the 27 EU member states. Other EU member states are represented by their
                                                    capital city, as measured by global Doing Business. For more details, see the chapter “About Doing Business and Doing
    company or transfer property.                   Business in the European Union 2021: Austria, Belgium and the Netherlands.”

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DOING BUSINESS IN THE NETHERLANDS                           5

different approaches and involvement                         connection fees charged by the four                          subnational variations in the area of
levels, resulting in varying processing                      regional distribution utilities operating in                 enforcing contracts. The trial time can
times. For example, in Arnhem, develop-                      the benchmarked cities (each utility serves                  vary from 396 days at the district court
ers need only notify the municipality of                     between one and four of the measured                         in Eindhoven to 475 days in Maastricht.
the connection works, which are carried                      cities). However, several factors drive varia-               In Eindhoven, the courts’ use of an elec-
out by a private sector contractor. In                       tions in the time to get electricity, including              tronic calendar system (verhinderdata)
Maastricht, the same procedure takes                         application and staff availability. Obtaining                reduces the waiting period for the first
1.5 months. First, the developer requests                    a connection takes at least a month longer                   hearing to just 3–6 months by streamlin-
a permit to assess connection feasibility                    in Utrecht, Groningen, and Enschede                          ing scheduling. In Groningen—where the
and estimate the cost; then, the munici-                     than in Maastricht and Eindhoven (where                      trial phase lasts 442 days on average—a
pality performs an onsite pre-connection                     it takes 97 and 98 days, respectively).                      case registered in August 2020 would
inspection. Similarly, the process for                       Enschede is one of the cities where the con-                 be first heard in February 2021 and, if the
applying anti-money laundering screen-                       nection process is delayed by a shortage of                  case is adjourned or requires a second
ing varies by location. Dutch municipali-                    technical staff and the utility’s transition                 hearing, the next available date would be
ties determine which industries are most                     to renewable energy sources. The time for                    in August of 2021.
at risk and whether a project requires                       the utility to obtain a municipal permit for
the basic Bibob screening or an in-depth                     works crossing a public road also varies                     The time to do business varies
evaluation.8 Five of the 10 benchmarked                      by municipality. Getting this permit takes                   widely across the country, but
cities apply Bibob screening to all                          three days in Utrecht but eight weeks in                     the overall quality of regulation
construction projects above a certain                        Groningen, where the municipality requires                   is uniform
monetary threshold.9                                         a thorough archeological assessment to                       Time is the dimension that varies the
                                                             issue the permit.                                            most across the indicators measured.
The regulatory gap between Dutch cities                                                                                   Contract enforcement takes 19 months
for getting electricity is also noteworthy.                  Delays in securing hearing dates in the                      in Maastricht, three months longer than
Cost variations stem from the different                      trial and judgment phase cause the main                      in Eindhoven. Dealing with construction

FIGURE 2 Eindhoven has the fastest turnaround time overall
                                                                                                                                            Netherlands average     EU average
                                                                                                                                                (845 days)          (964 days)

 Eindhoven

 Rotterdam

Middelburg

Amsterdam

 Groningen

 Maastricht

 The Hague

    Arnhem

  Enschede

    Utrecht

              0             100             200             300             400              500             600             700              800             900             1,000
                                                                                        Time (days)

                                              Time to start a business        Time to obtain construction permits        Time to obtain electricity
                                              Time to register property       Time to resolve a commercial dispute

Source: Subnational Doing Business and Doing Business databases.
Note: Data for Amsterdam and EU averages, which use economy-level data for 27 member states of the European Union, are not considered official until published in the Doing
Business 2021 report.

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6   DOING BUSINESS IN THE EUROPEAN UNION 2021: AUSTRIA, BELGIUM AND THE NETHERLANDS

    permits varies from 5.6 months in                                 procedures, requires 13). Instead, the main                       in the Netherlands points to possible
    Groningen to almost eight months in                               cause is the time needed for municipal                            improvements (table 3). Some improve-
    The Hague. Getting electricity takes 97                           consultations and the water and sewer                             ments could be achieved by replicating
    days in Maastricht, 41 days less than in                          connection. It takes 22 days to obtain the                        EU or global good practices, and others
    Enschede. The time for property registra-                         utility connection in Groningen, the fastest                      by looking to subnational examples.
    tion and for starting a business is uniform                       in the Netherlands and one-quarter of the
    across the country.                                               time needed in Arnhem, Enschede, and                              Replicating domestic good practices
                                                                      Utrecht (85 days).                                                would improve the Netherlands’
    Overall, it takes entrepreneurs in Utrecht                                                                                          scores for the ease of enforcing
    almost four months longer than their                              Three of the four good practices                                  contracts and dealing with
    peers in Eindhoven to comply with the                             recorded for Maastricht relate to cost.                           construction permits
    bureaucratic requirements associated                              Entrepreneurs in Maastricht pay the low-                          Minor administrative improvements can
    with the measured Doing Business areas                            est costs in the Netherlands to connect                           make a significant difference to small
    (figure 2). Nevertheless, even in Utrecht,                        a warehouse to the electricity grid, go                           firms, which do not have access to the
    the total time is two months faster than                          through the construction permitting pro-                          resources and tools available to larger
    the EU average.                                                   cess, and transfer property. Dealing with                         businesses to extract better and faster
                                                                      construction permits costs just 1.5% of the                       service from bureaucracies. An effective
    Good performances exist across                                    warehouse value in Maastricht compared                            way forward is to promote the exchange
    the country                                                       to 4.0% in Amsterdam, mainly due to                               of information and experience among
    Most Dutch cities have lessons to offer                           lower permit fees. In Maastricht, the cost                        cities, enabling underperforming ones to
    their peers. Even cities that do not perform                      of the warehouse construction permit                              learn from those with higher rankings.
    at the top on any indicator lead one indi-                        application (EUR 21,133) is one-quarter of                        Replicating more efficient processes
    cator category (table 2). With four each,                         that in Amsterdam (EUR 82,106).                                   developed by other cities within the
    Eindhoven, Maastricht and Groningen                                                                                                 Netherlands could produce efficiency
    are the cities with the highest number of                                                                                           gains without significant legislative
    good practices. Dealing with construction                         WHAT IS NEXT?                                                     changes. Nevertheless, various factors
    permits is fastest in Groningen, where it                                                                                           such as local economic priorities or
    takes 5.5 months compared to more than                            Streamlining regulatory procedures can                            budget availability may dictate whether
    7.5 months in The Hague. However, this                            reduce the cost of doing business for                             replicating a good practice is desirable.
    variation is not caused by the number of                          local firms, enhancing their efficiency and
    regulatory steps (Groningen requires 15                           ability to compete abroad. This report’s                          The two areas where improvements
    while The Hague, the city with the fewest                         review of the regulatory environment                              would be the most impactful are dealing

     TABLE 2 Most cities lead in at least one indicator category
                                      Starting a                    Dealing with                                      Getting                   Registering                  Enforcing
                      Number of top
                      performances

                                       business                  construction permits                                electricity                 property                    contracts

                                        Least         Fewest            Shortest            Least            Shortest            Least             Least             Shortest           Least
                                      expensive     procedures            time            expensive            time            expensive         expensive             time           expensive
     Eindhoven              4                            ü                                                                         ü                  ü                 ü
     Groningen              4            ü                                  ü                                                      ü                  ü
     Maastricht             4                                                                 ü                  ü                 ü                  ü
     Middelburg             3            ü                                                                                                            ü                                    ü
     Arnhem                 2            ü               ü
     Enschede               2            ü                                                                                         ü
     Amsterdam              1                            ü
     The Hague              1                            ü
     Utrecht                1                            ü
     Rotterdam              0
     Source: Subnational Doing Business and Doing Business databases.
     Note: The table does not show indicator categories in which all or most cities register an equal result: procedures, time and paid-in minimum capital required to start a business; the
     building quality control; procedures to obtain electricity and the reliability of supply and transparency of tariffs; the procedures and time to register a property as well as the reliability
     of infrastructure.

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DOING BUSINESS IN THE NETHERLANDS                      7

 TABLE 3 Opportunities for regulatory improvement in Dutch cities
                                                                                                                            Relevant ministries and agencies*
 Regulatory
 area              Good practices                                                                                        National level              Local/regional level
 Starting a        Introduce an automated name verification system                                             • Ministry of Economic Affairs
 business          Make third-party involvement optional, standardize incorporation forms, and                   and Climate Policy
                   provide public access to the business registration system                                   • Netherlands Chamber of
                                                                                                                 Commerce
                   Make starting a business a fully electronic process
                                                                                                               • Ministry of Finance
                   Accelerate and streamline the VAT registration process                                      • Dutch Tax and Customs
                                                                                                                 Administration
                                                                                                               • Ministry of Social Affairs and
                                                                                                                 Employment
                                                                                                               • Employee Insurance Agency
                                                                                                               • Royal Dutch Association of
                                                                                                                 Civil-law Notaries
 Dealing with Increase efficiency by improving coordination and consolidating procedures                       • Ministry of the Interior and       • Municipalities
 construction Continue expanding the digital platform to consolidate the construction permitting                 Kingdom Relations                  • Fire departments
 permits      process further                                                                                  • Ministry of Infrastructure and     • Regional
                                                                                                                 Water Management                     environmental
                   Introduce mandatory liability insurance requirements to cover developers and
                   architects in the event of structural defects                                               • Ministry of Justice and Security     services
                                                                                                               • Association of Netherlands
                   Review the building permit cost structure                                                     Municipalities
                   Improve regulatory expertise together with the private sector                               • Royal Institute of Engineers
                                                                                                               • Office of Architects Registry
 Getting           Streamline the process for obtaining external connection works and excavation permits       • Netherlands Authority for          • Electricity
 electricity       Increase transparency by making data on legal time compliance publicly available              Consumers and Markets (ACM)          distribution utilities
                                                                                                               • Association of Netherlands         • Electricity suppliers
                   Allow entrepreneurs to request a new connection, supply contract, and meter                   Municipalities
                   installation via a single window                                                                                                 • Municipalities
                                                                                                               • Royal Institute of Engineers
                   Allow the option to pay connection fees in installments and assess the possibility of
                   lowering the cost of getting an electricity connection
 Registering       Assess the possibility of reducing the cost of transferring property in the Netherlands  • Ministry of Interior and
 property          Explore the possibility of gradually reducing the role of notaries in property transfers   Kingdom Relations
                   or make their use optional                                                               • Ministry of Justice and Security
                   Increase the transparency of the land administration system by collecting and
                   compiling statistics on land disputes
 Enforcing         Consider making measures allowing virtual hearings permanent                                • Ministry of Justice and Security   • Local courts
 contracts         Consider expanding e-features in courts for commercial litigation and small claims          • The Council for the Judiciary
                   Consider creating specialized commercial courts or divisions
 Note: All good practices are detailed at the end of the respective indicator section.
 *The list includes the main ministries and agencies relevant to each regulatory area but is not exhaustive.

with construction permits and enforcing                        process as efficient as Eindhoven’s would                 sewage connections are requested jointly
contracts (figure 3). If Amsterdam were                        also increase the Netherlands’ score on                   in Amsterdam to a private sector company.
to reduce the cost of construction per-                        the ease of getting electricity.
mits to levels in Maastricht (1.5% of the                                                                                The Netherlands can also look to
warehouse value) and the time to that in                       The potential for meaningful improvement                  other EU member states and beyond
Groningen (168 days), the Netherlands’                         extends beyond Amsterdam. Most Dutch                      for good practices
score would improve from 66.92 to                              cities could look to Amsterdam to learn                   Even if the Netherlands were to adopt the
71.54, just behind Switzerland but ahead                       how to process building permit applications               good practices found within its borders,
of Spain. Similarly, if Amsterdam could                        more efficiently. Dutch cities could consider             the country would still lag the perfor-
reduce the time to enforce contracts by                        consolidating procedures and reducing the                 mance of most other EU member states,
43 days (to the time in Eindhoven) and the                     time developers spend on separate water                   particularly in dealing with construction
cost by 5 percentage points (to the cost                       and sewage applications or preliminary                    permits and enforcing contracts. Looking
in Middelburg), the Netherlands' score                         consultations. Unlike the other nine cit-                 to good practices in other EU member
would increase by 3.1 points. Making                           ies—where water and sewage connections                    states is another way to boost competi-
Amsterdam’s electricity connection                             require separate applications—water and                   tiveness in these indicators.

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8   DOING BUSINESS IN THE EUROPEAN UNION 2021: AUSTRIA, BELGIUM AND THE NETHERLANDS

                                                            form and submit the memorandum                one distributor, UK Power Networks,
    FIGURE 3 If Amsterdam adopted each
    city’s best practices, the Netherlands’                 and articles of association online.11 In      implemented a new software system,
    ease of enforcing contracts and dealing                 Portugal, entrepreneurs can establish an      the Design Fast Track and Approved
    with construction permits would increase                LLC through an online registration service    Designer Scheme, that allows for direct
    significantly                                           (‘Empresa Online’). They can access this      contact with subcontractors and tracks
                                                            service through the Business Portal by        their progress. The utility also introduced
    Doing Business score
    (0–100)                                                 using a digital mobile key, a citizen card,   common requirements for the design
    100                                                     or a digital certificate.12                   and planning of the works and material
                                                                                                          specifications for subcontractors to carry
                                                            Dealing with construction permits in          out external works. As a result of these
     80
                                                            the Netherlands takes longer and is           initiatives, UK Power Networks reduced
                                                            more expensive than the EU average.           the time to provide a new electricity con-
     70            71.54                                    Building permit fees across Dutch cities      nection by a month. Currently, it takes 46
                   66.92                                    are high, accounting for more than 80%        days to complete the connection works,
                                           62.99            of the total cost to complete construc-       which is more than twice as fast as the
     60
                                           59.94            tion permitting. In economies that have       Dutch average.
                                                            adopted good practices in this area,
     50                                                     building permit fees are generally set to     The cost of transferring property in the
              Dealing with                Enforcing
           construction permits           contracts         recover the cost of providing services        Netherlands is significantly higher than
                        Amsterdam
                                                            rather than to generate tax revenue. New      the EU average (4.6% of the property
                        Best of the Netherlands             Zealand charges permit fees at a level        value), mainly because of the 6% prop-
                                                            that covers the costs associated with         erty transfer tax. The cost of registering
                                                            the review of plans, any inspections, and     property is lower than the Netherlands
    Source: Subnational Doing Business and Doing Business
    databases.                                              overhead costs. When setting the fees,        in 19 EU member states. Denmark,
    Note: Data for Amsterdam are not considered official    the Auckland Council considers factors        Estonia, Lithuania, Poland, and the Slovak
    until published in the Doing Business 2021 report.
                                                            including the cost implications of infra-     Republic have very low property transfer
                                                            structure funding decisions on develop-       taxes (less than 1%) or have abolished
    The Netherlands could streamline its                    ment and the challenges developers face       them altogether.
    company registration process. Digital                   in getting their products built, noting “if
    tools for company registration are already              development costs are too high this may       Dutch courts lag in terms of automation
    available to notaries, but entrepreneurs                act as a barrier to development and slow      and case management systems. The
    cannot complete the process online by                   down growth.”13                               Netherlands’ judiciary would benefit
    themselves. Incorporating technology                                                                  from adopting additional features such as
    would allow entrepreneurs to use a digi-                To make getting electricity easier, the       electronic service of process or e-filing of
    tal identity, eliminating the need for an               Netherlands could reduce the time it          the claim, two tools that could streamline
    in-person visit to the notary. Several EU               takes to connect a warehouse to the elec-     and accelerate the process of commenc-
    member states employ virtual interfaces                 tricity grid. On average, getting electric-   ing a lawsuit. Estonia and Germany have
    for business incorporation. These econo-                ity in the Netherlands takes almost one       made enforcing contracts easier by
    mies require no in-person interaction                   month longer than the EU average. Dutch       introducing electronic filing of both the
    with the authorities, third-party partici-              authorities and utilities could take inspi-   initial complaint and electronic service
    pation, or hard-copy submission of docu-                ration from the United Kingdom. In 2017,      of process without the need for paper
    ments to start a company, reducing the                  the UK regulator, Ofgem, approved the         documents.
    administrative burden. Estonia’s online                 Incentive on Connections Engagement
    company registration portal allows entre-               (ICE) initiative to encourage distribution
    preneurs to check the company name,                     network operators to complete the exter-
    submit the registration application, and                nal connection works faster. According
    pay the share capital electronically in a               to the ICE guidance, the utilities must
    single interaction.10 The Danish Business               provide data demonstrating that they
    Authority provides LLCs with a one-stop,                have responded to their customers on
    centralized online platform for business                time and according to their customer
    and tax registration, which entrepreneurs               service engagement. Distribution system
    access using their NemID digital signa-                 operators can be penalized if they fail
    ture. Companies complete a registration                 to meet these requirements. Moreover,

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DOING BUSINESS IN THE NETHERLANDS                             9

Starting a Business

The process of starting a business
                                                 FIGURE 4 It takes five procedures in nine days, at an average cost of 3.1% of income
is uniform, but the cost varies                  per capita, to start a business in the Netherlands
across the 10 cities benchmarked
                                                  Time                                                                                                   Cost (% of
Across the Netherlands, starting a private       (days)                                                                                                  income per capita)
limited liability company (LLC) (besloten            9                                                            Time 9 days                            4
vennootschap, bv) requires entrepreneurs             8
to complete the same five procedures,
                                                     7                                                                                        Cost
taking the same amount of time. The                                                                                                           3.1%       3
Dutch Civil Code14 sets the requirements             6
for operating a bv at the national level,            5
making the process uniform nationwide.                                                                                                                   2
                                                     4
The centralized organizational structure
of the startup process and the prevalence            3
of online platforms—such as that of the              2
                                                                                                                                                         1
Netherlands Chamber of Commerce
                                                     1
(Kamer van Koophandel, KVK)—ensure
procedural uniformity. The Chamber of                0                                                                                                   0
                                                               Verify           Draft and          Register          Register          Register as
Commerce, an official and independent                        company          sign notarial         UBOs           company and          employer
administrative body, manages the Dutch                         name               deed                             obtain VAT-id
Commercial Register (Handelsregister) and                                                        Procedures

the ultimate beneficial owner (UBO) regis-                       Less than one day (online procedure)

ter,15 and provides information, advice, and
                                                 Source: Subnational Doing Business and Doing Business databases.
support to Dutch businesses. Registering a
                                                 Note: In the Netherlands, entrepreneurs complete VAT registration as part of the general company registration process.
company with the Chamber of Commerce             It takes a total of six days to complete company and VAT registration. The Chamber of Commerce issues the KVK, or
is a centralized process, with applications      Chamber of Commerce registration number, and the RSIN number (Rechtspersonen en Samenwerkingsverbanden
                                                 Informatienummer), an identification number for legal entities and associations, within several hours. However, the due
handled electronically in the order received.    diligence required to activate the VAT number takes five days.

Nearly all requirements can be completed
                                                  TABLE 4 Costs vary across Dutch cities, but procedures and time are uniform
quickly, within a day or less each (figure 4).
The exception is the time to obtain the value                                                                                                       Paid-in minimum
                                                                                                                                    Cost           capital requirement
added tax (VAT) identification number. All                                         Score       Procedures          Time         (% of income        (% of income per
applications are processed centrally, and         City                Rank        (0–100)       (number)          (days)         per capita)              capita)
the Dutch Tax and Customs Administration          Arnhem                1          91.70             5               9               2.2                      0
(Belastingdienst or Tax Authority) conducts       Enschede              1          91.70             5               9               2.2                      0
a risk assessment process. For a low-risk         Groningen             1          91.70             5               9               2.2                      0
business activity—like that of the Doing          Middelburg            1          91.70             5               9               2.2                      0
Business case study company—where all
                                                  Eindhoven             5          91.57             5               9               3.3                      0
information is provided upfront, the VAT
                                                  Maastricht            5          91.57             5               9               3.3                      0
number is issued in five days.
                                                  Amsterdam             7          91.50             5               9               3.8                      0

The procedures and time are uniform,              The Hague             7          91.50             5               9               3.8                      0

but the cost to start a business ranges           Rotterdam             7          91.50             5               9               3.8                      0
from 2.2% of income per capita (EUR               Utrecht               7          91.50             5               9               3.8                      0
1,050) in Arnhem, Enschede, Groningen,            Source: Subnational Doing Business and Doing Business databases.
and Middelburg to 3.8% (EUR 1,800) in             Note: Data for Amsterdam are not considered official until published in the Doing Business 2021 report. Rankings are
                                                  based on the average scores for the procedures, time, cost, as well as the paid-in minimum capital associated with
Amsterdam, The Hague, Rotterdam, and              starting a business. The score is normalized to range from 0 to 100 (the higher the score, the better). For more details,
                                                  see the chapter “About Doing Business and Doing Business in the European Union 2021: Austria, Belgium and the
Utrecht (table 4). Although the Chamber           Netherlands.”

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10   DOING BUSINESS IN THE EUROPEAN UNION 2021: AUSTRIA, BELGIUM AND THE NETHERLANDS

     of Commerce’s business registration fee                       It is easier and faster to start a                          Kingdom,19 Dutch entrepreneurs are not
     is set nationally at EUR 50,16 individual                     business in the Netherlands than                            required to deposit cash as paid-in capital
     notaries set their own fees, making these                     the EU average                                              before incorporation.20
     the main driver of cost variation for start-                  Entrepreneurs in the Netherlands must
     ing a business across the 10 locations.                       comply with five procedures to start                        Entrepreneurs complete five
                                                                   a business, slightly fewer than the EU                      procedures and wait nine days to
     Almost the entire cost of starting a busi-                    average (5.7 procedures) (figure 6).                        start a business
     ness in the Netherlands (97%) is attribut-                    Only eight EU member states allow                           Starting a business anywhere in the
     able to notary charges and fees (figure 5).                   entrepreneurs to start a business in fewer                  Netherlands requires the same five
     Notary rates, which became negotiable in                      procedures.18 The entire process takes                      procedures across the Netherlands.
     the Netherlands in 1999, can be billed at                     nine days in the Netherlands—three days                     Although notaries assist with the first
     an hourly rate or as a fixed fee; notary fees                 faster than the EU average but more than                    four procedural steps to start a business,
     can vary within the same city. Among the                      twice as long as the European Union’s                       the entrepreneur or someone on behalf
     variables that determine the price of notar-                  best performers, France and Greece,                         of the entrepreneur like an accountant
     ial services for starting a business are the                  where it takes just four days. Dutch                        must complete the fifth—registering the
     corporate structure of the company, the                       entrepreneurs pay the equivalent of 3.1%                    company as an employer with the Tax
     number of founders, whether the articles                      of income per capita on average to start                    Authority (figure 7).
     of association require special provisions,                    a business, on par with the EU average
     the qualifications of those involved in the                   but significantly higher than the 12 top                    As a first step to register a bv, the entre-
     assignment’s execution, the notary office’s                   performers in the European Union for                        preneur or notary verifies the availability
     overhead costs, the size and status of the                    cost (where entrepreneurs pay just 0.5%                     of the proposed company name using the
     office, and local competition. Although it                    of income per capita on average). Among                     Chamber of Commerce’s online tool.21
     is possible that entrepreneurs in different                   the top performers globally, there is no                    Although the entrepreneur can complete
     locations would pay the same amount in                        cost to start an LLC in Slovenia; in Ireland,               this step independently, most seek advice
     fees to establish a bv,17 the median price                    Denmark, and the United Kingdom, the                        from notaries on the company name to
     is lower in Arnhem, Enschede, Groningen                       cost of starting a business is less than                    ensure that it complies with the Trade
     and Middelburg—cities where demand for                        0.3% of income per capita. Like five                        Name Act.22
     incorporation services per notary is lower.                   other EU member states and the United
                                                                                                                               In the Netherlands, a bv must be incorpo-
                                                                                                                               rated by a notarial deed executed in the
     FIGURE 5 Notary services account for 97% of startup costs in the Netherlands                                              physical presence of a notary either by
                                                                                                                               the entrepreneur or the person granted
                                          Amsterdam                                                                            power of attorney to act on their behalf.
                                                                                                                               Entrepreneurs send the required informa-
                                           The Hague
                                                                                                                               tion and documentation23 to the notary
                   3%                      Rotterdam                                                                           by post, in person, or electronically (by
                                                                                                                               email or through online software systems
                                               Utrecht
                                                                                                                               such as ‘Online Dossier’) for the notary to
                                            Eindhoven                                                                          draw up the deed of incorporation. Most
                                                                                                                               entrepreneurs submit the documentation
                                            Maastricht
                    97%                                                                                                        by email. Before the COVID-19 pandemic,
                                              Arnhem                                                                           all shareholders of the bv were required to
                                                                                                         Netherlands           appear in person with a valid identifica-
                                             Enschede                                                    average
                                                                                                         (EUR 1,448)
                                                                                                                               tion document for the notary to execute
                                            Groningen                                                                          the deed or legalize a power of attorney.
                                                                                                                               However, the Royal Dutch Association of
                                           Middelburg
                                                                                                                               Civil-law Notaries (Koninklijke Notariële
                                                         0             500            1,000           1,500            2,000
                                                                                                                               Beroepsorganisatie, KNB) enacted tem-
                                                                                     Cost (EUR)                                porary policy rules during the pandemic
                                                                                                                               allowing notaries to verify the identities
                                                               Notary charges and fees          Business registration fee
                                                                                                                               of entrepreneurs remotely (using audio-
                                                                                                                               visual communications technology) and
     Source: Subnational Doing Business and Doing Business databases.
     Note: Data for Amsterdam are not considered official until published in the Doing Business 2021 report.
                                                                                                                               suspending the need for the in-person

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DOING BUSINESS IN THE NETHERLANDS                          11

FIGURE 6 Dutch cities outperform the EU average for number of procedures and time and are on par for cost
                      Procedures                                                  Time                                                            Cost
                       (number)                                                   (days)                                                (% of income per capita)
                       1                                                         1                                         Slovenia (EU best)    0
                                                                                                                             United Kingdom
                                                                                                                                    Denmark
                       2                                                                                                              France     1
                                                     France, Greece (EU best)
   4 member states*                                          United Kingdom      5
                                                                                                                                                 2      Arnhem, Enschede,
          (EU best) 3                                               Denmark
                                                                     Belgium                                                                            Groningen, Middelburg

                                                                                                                  Dutch average, EU average      3
     United Kingdom 4                                                                   All 10 Dutch cities                                             Eindhoven, Maastricht
                                                                                10                                                                      Amsterdam, The Hague,
                                                                                                                                                 4      Rotterdam, Utrecht
                                                                  EU average
    Denmark, France 5         All 10 Dutch cities
                                                                    Germany
                                                                                                                                      Belgium    5
         EU average                                                             15
                       6
                                                                                                                                                 6
                                                                                                                                    Germany
                       7
                                                                                                                                                 7
                                                                                35

             Belgium 8                                                 Poland                                                                   13

      Austria, Czech
  Republic, Germany 9                                                           40                                                       Italy 14

Source: Subnational Doing Business and Doing Business databases.
Note: Data for Amsterdam, comparator economies, and EU averages are not considered official until published in the Doing Business 2021 report. EU average uses economy-level data
for the 27 member states of the European Union. Data for individual economies are for their capital city as measured by Doing Business.
* Estonia, Finland, Greece, Slovenia.

signing of powers of attorney with the                       numbers to the company: the Chamber                          can search online for the company’s
notary (box 1).                                              of Commerce registration number                              information using the Commercial Reg-
                                                             (KVK-nummer) and the legal identities                        ister’s database27 or the extract from the
Once the deed is signed, the notary sub-                     and associations identification number                       Chamber of Commerce.
mits the required information electroni-                     (Rechtspersonen en Samenwerkings-
cally24 to the Chamber of Commerce to                        verbanden Informatienummer, RSIN-                            VAT registration is initiated with com-
register the bv online through an online                     nummer) used for data exchange with                          pany registration at the Chamber of
platform (Online Registreren Notarissen,                     government entities. Entrepreneurs                           Commerce. The Chamber automati-
ORN) and its UBOs through the NAU                            receive a letter from the Chamber of                         cally forwards the company’s registration
platform (Notaris Applicatie UBO).25                         Commerce informing them of the suc-                          information to the Tax Authority, which
Only a notary can complete this process                      cess of the company’s registration in the                    in turn assigns the company’s VAT
electronically. Entrepreneurs wishing to                     Commercial Register. While awaiting this                     identification number and delivers it by
register the company and UBOs them-                          letter, the notary can check the company’s                   post to the entrepreneur. Entrepreneurs
selves can visit a Chamber of Commerce                       registration status online using the ORN                     can access company tax information,
office in person. Most entrepreneurs opt                     application. Alternatively, entrepreneurs                    including the VAT identification number,
for a notary to complete the process
electronically, citing time efficiency.26
Upon approval of UBO registration, the                       FIGURE 7         How does the business registration process work in the Netherlands?
Chamber of Commerce sends a confir-
mation letter by post to the company and                                    1. Verify            2. Draft             3. Register            4. Register            5. Register
                                                                           company               and sign              Ultimate
its UBOs. The NAU platform automati-                                                                                                          company              as employer
                                                                             name              notarial deed        Benefial Owners
cally notifies the notary whether UBO
registration was approved or not.                                                                                                         4. Obtain VAT-id
                                                                                                                                             (requested
                                                                                                                                           automatically)
Once registrations are complete—for
the company, directors, and UBOs—the
Chamber of Commerce assigns two                              Source: Subnational Doing Business and Doing Business databases.

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12   DOING BUSINESS IN THE EUROPEAN UNION 2021: AUSTRIA, BELGIUM AND THE NETHERLANDS

        BOX 1 Starting a business during COVID-19

        In the Netherlands, entrepreneurs appear in person before a civil-law notary to execute the notarial deed—either to sign the
        deed of incorporation or to be identified for the purpose of legalizing a private power of attorney. In April 2020, amid the
        COVID-19 pandemic, the authorities enacted a temporary law allowing the digital approval of deeds in special emergency situ-
        ations. However, for the process of incorporating a bv, the entrepreneur or their authorized representative still signs the notarial
        deed in person.

        The KNB responded to the pandemic by amending some common practice policy rules to allow the digital authorization of
        signatures.a Because some entrepreneurs wished to avoid face-to-face meetings, the KNB allowed notaries to verify the identity
        and signature of entrepreneurs granting a power of attorney using an audiovisual connection. Consequently, some notaries
        reported an increase in the use of private powers of attorney during the pandemic.

        Notaries were free to determine whether to allow in-person appointments with clients during the pandemic. Most notary offices
        remained open during the lockdown, offering services in accordance with pandemic guidelines for social distancing. Telephone
        and videoconference meetings to provide advice and guidance on the establishment of a bv increased sharply. These safety
        measures, coupled with the KNB’s policy response, helped the Netherlands to maintain a smooth business startup process dur-
        ing the COVID-19 pandemic.

        Despite the increased use of electronic communication tools, this solution remains temporary and partial— entrepreneurs or
        their authorized representative still physically attend the signing of the notarial deed. Beyond this, however, no further in-person
        interactions are required to complete the remaining procedures to start a business in the Netherlands.

        The remaining steps are executed either electronically (checking the company name, registering the company and UBOs) or by
        post (registering as an employer).

        a. For more information on the KNB’s response to COVID-19, see the website at https://www.knb.nl/actueel/coronavirus.

     and file various tax returns electronically                                                                name.33 Most entrepreneurs seek the
     (payroll, corporate, VAT) using the Tax              WHAT CAN BE IMPROVED?                                 assistance of a notary to ensure that the
     Authority’s portal for entrepreneurs.28                                                                    proposed company name complies with
     Private limited companies located in                 Introduce an automated name                           the Trade Name Act. Entrepreneurs and
     the Netherlands with a turnover not                  verification system                                   their notaries can also check the Benelux
     exceeding EUR 20,000 per calendar                    The entrepreneur has the legal respon-                Office for Intellectual Property34 for brand
     year can receive a VAT exemption by                  sibility to check the availability of the             names and the Internet Domain Name
     opting for the small business scheme                 company name in the Netherlands.32 The                Registration Foundation (SIDN)35 for
     (Kleineondernemersregeling, KOR).29                  name must meet certain requirements,                  domain names.
                                                          such as not using another company’s
     Finally, a company hiring employees for              brand name and avoiding confusion with                By simplifying the rules and offering an
     the first time must register as an employ-           existing company names. The Chamber                   automated name verification system at
     er with the Tax Authority. Firms register            of Commerce’s website offers instruc-                 the time of company registration, the
     as an employer by completing and sign-               tions on how to check the company name                authorities would allow entrepreneurs to
     ing a PDF form (available online from the            before registration and provides an online            verify for themselves that the proposed
     Tax Authority’s website30); they mail the            tool for entrepreneurs to verify whether              company name complies with the legal
     form by post to the Tax Authority office in          their proposed company name is already                requirements for company registration.
     Heerlen.31 Within six weeks of complet-              listed in the Commercial Register. This
     ing registration, the company receives a             tool cannot check for phonetics, special              Various economies have redesigned
     payroll tax number, a payroll tax return             punctuation marks, or other distinguish-              the registration process to allow entre-
     letter—listing the tax return filing periods         ing factors between names that could                  preneurs to automatically verify the
     for the current year—and information on              confuse the public or be disallowed                   proposed company name at the time
     the contributions due to the employee                under the Trade Name Act. Therefore,                  of application for business registra-
     social security insurance scheme.                    the Chamber of Commerce recommends                    tion. Australia, Canada, and the United
                                                          that entrepreneurs seek the assistance                States introduced clear rules in the early
                                                          of a notary to evaluate the company                   2000s to determine whether proposed

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