Netherlands  /  Investment SPV

Investment SPV in the Netherlands.

Special purpose vehicles used to ring-fence individual investments, isolate risk and structure deals, funds and co-investments through a Dutch B.V.

SPV essentials
B.V.Usual SPV legal form
EUR 0.01Minimum share capital
Ring-fencedIsolated assets & liabilities
01

What is a special purpose vehicle

A special purpose vehicle (SPV) is a legal entity created for a single, narrowly defined objective — typically to hold one asset, one investment or one transaction, isolated from the sponsor’s other activities. By confining assets and liabilities to a dedicated entity, an SPV ring-fences risk and gives investors a clean, transparent structure to invest into.

In the Netherlands, SPVs are most commonly set up as a Besloten Vennootschap (B.V.). The flexibility of the B.V., its low capital requirement and access to the participation exemption and treaty network make it a practical vehicle for holding single investments within larger structures. See investment vehicles for the wider range of options.

02

What Dutch SPVs are used for

PurposeHow the SPV is used
Deal ring-fencingHolding a single acquisition or investment so its risk is isolated from other group assets.
Co-investmentA neutral entity through which several investors pool capital into one opportunity.
Real estateOwnership of a single property or property company, often one SPV per asset.
Securitisation / financeIssuing entity that holds receivables or debt instruments separate from the originator.
Fund structuresMaster, feeder or blocker entities within private equity and venture fund architecture.
Joint venturesDedicated vehicle for two or more partners to hold a shared project.
03

Setting up a Dutch SPV

01

Define purpose

Fix the single objective, asset or transaction the SPV will hold.

02

Articles of association

Draft statuten with a narrow corporate purpose and share structure.

03

Notarial deed

Incorporate the B.V. before a Dutch civil-law notary.

04

KVK registration

Register with the Kamer van Koophandel and obtain the KVK number.

05

Bank & capital

Open a corporate account and fund the vehicle for the investment.

06

Substance

Arrange directors, office and management appropriate to the structure.

07

Acquire the asset

The SPV acquires or subscribes to the target investment.

08

Reporting

Maintain accounts and file annual figures with the commercial register.

04

Why structure an SPV in the Netherlands

Risk isolation

Assets and liabilities are ring-fenced within a dedicated entity, protecting the rest of the group.

Clean investor entry

Investors subscribe into a single-purpose vehicle with a transparent scope and cap table.

Tax efficiency

Access to the participation exemption and treaty network on qualifying holdings.

Flexible B.V.

Low minimum capital and adaptable share classes suit bespoke deal terms.

EU platform

An entity inside the single market with directive and treaty coverage.

Efficient exit

The whole vehicle can be sold or wound down cleanly once the deal concludes.

05

Substance and regulatory considerations

Although an SPV serves a single purpose, it is still a real company that must meet substance and anti-abuse requirements to access treaty benefits and the participation exemption. Following the OECD BEPS project and EU directives such as ATAD I and II, relevant points include:

  • adequate substance — local directors and genuine decision-making;
  • beneficial ownership of income received by the vehicle;
  • the Principal Purpose Test (PPT) under tax treaties;
  • any licensing or regulatory requirements where fund or credit activity is involved.

Where an SPV forms part of a regulated fund or lending structure, additional supervisory rules may apply. See the substance requirements and corporate tax guide for detail.

Netherlands cluster

Explore the Netherlands practice.

Every page in our Netherlands jurisdiction cluster — holding structures, formation, tax, substance, investment vehicles and comparisons.

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