Reduced filing deadline from 2016 financial statements

Filing deadline own B.V.
Do you have your own B.V. in which you hold all the shares yourself? Then you must have filed the 2016 financial statements, no later than Nov. 8, with the Chamber of Commerce. This change arises because as of 2016, a signing of the financial statements, is equivalent to a shareholders’ adoption of the financial statements. Therefore, the additional 2-month deadline no longer applies and the deadline moves to Nov. 8, 2017.

Filing deadline if board differs from shareholders
Do shareholders differ (in part) from board? Then the board has until no later than Dec. 31, 2017, to file the financial statements. In this situation, the additional 8-day deadline to file does not apply because there is a legal provision that states that the annual figures are filed no later than 12 months after the fiscal year.

Deviation from statutory provision
It is possible to deviate from the filing deadline in the bylaws. This allows the filing deadline, even if the shareholders and board are the same, to be extended to December 31, 2017.

Risk
If financial statements are not filed on time, you could be held personally liable in the event of bankruptcy. This is because there is a legal presumption of improper management if the legal provisions stated in BW2 are not met. This is the case when late filings are made. Refuting this presumption can be difficult in practice.

So be aware of your obligation(s) as a director of a limited liability company! Should you have more questions about this topic? Then please contact us via the contact page.

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