EU background check for business

U.S. citizens engaging with European companies, particularly in director, board member, or stakeholder roles in regulated industries such as finance, education, and healthcare, may be required to obtain and present proof of a clean criminal record from the United States. With federal and state criminal background check systems in the U.S., applicants must understand what level of apostille is required for background documents.

Reason for Background Checks from European Registries

Business registration and residency frameworks in the European Union, United States, and other developed economies have moved compliance and risk assessment modules. Meaning, if a U.S. citizen sits on a European board or forms a Joint Venture in Europe, they will need to present a criminal record check, typically an FBI Identity History Summary report or FBI background check.

This is not a universal requirement, but several Schengen member states particularly in finance and tech have developed a reputation for consistent and predictable practices. USDE and most Schengen states have predictable practices where USD-based transactions are presumed to originate from a regulated financial institution and the person conducting the transactions is a U.S. citizen.

Lithuania

Lithuania is one of the countries where U.S. citizens establishing or managing local entities most frequently has to obtain a FBI background check. In some instances, to ease registration delays, attorneys will also suggest acquiring a state criminal record, each with its own apostille.

Authority: Migration Department and Center of Registers

Typical requirement: FBI check, apostilled by the U.S. Department of State

Notes: Some clients have been asked for both state and federal checks out of caution, though only the FBI report is usually mandated.

Romania

Foreign nationals joining Romanian companies in executive or board positions may be asked for a criminal record certificate from their country of citizenship.

Authority: General Inspectorate for Immigration (IGI)

Typical requirement: FBI report, apostilled by the U.S. Department of State

Notes: Some local firms still request a state-level check as an extra precaution, even when not explicitly required.

Portugal

Applicants under Portugal’s D2 Entrepreneur Visa or those registering as company administrators often must present an FBI background check apostilled by the U.S. Department of State and translated into Portuguese.

Authority: Serviço de Estrangeiros e Fronteiras (SEF)

Typical requirement: Federal (FBI) level

Notes: State checks are not required; the federal apostille is sufficient for residency and business registration filings.

Spain

U.S. citizens applying for self-employment or investment visas are asked to show a criminal record from their country of origin—generally satisfied by the FBI report.

Authority: Spanish Consulates / Ministry of Inclusion, Social Security, and Migration

Common Requirement: Federal check, apostilled by the U.S. Department of State

Comments: This requirement applies mainly to visas and residencies, although comparable documentation might be needed in some regulated business areas. And don’t forget, Spain requests a Sworn Translation.

Netherlands

Self-employed U.S. citizens and company founders use the Dutch-American Friendship Treaty (DAFT) and often provide an FBI background check to show good conduct.

Authority: IND (Immigration and Naturalisation Service)

Common Requirement: Federal check with a federal apostille

Comments: Accepted with translation into Dutch; state-level checks are not generally needed.

Federal vs. State Background Checks: Why Some EU Advisors Ask for Both

If an EU country requests “a criminal record from the applicant’s home country,” the regulation rarely clarifies whether it should be federal or state. Given the U.S. lack of a single unified record system, attorneys and consultants often recommend clients obtain both—an FBI record and a state police record, with the apostille for each.

Most of the time, the FBI Identity History Summary (apostilled by the U.S. Department of State) is sufficient and necessary. The additional state check is usually a precaution, not for legal purposes. But if your advisor tells you to get it, remember that most state authorities require a wet signature on the background report in order to issue the state apostille. Each state may treat this differently. For example, in California, since the California Department of Justice doesn’t routinely issue letters with ink signatures, you need to apply for the correct type of background check, and then email the CA DOJ.

Still, requirements can depend on the industry (like finance or education) and the specific role (board member, manager, or shareholder). When planning apostille services, check requirements with the local business registry and the relevant regulator.

Summary of EU Background Check Requirements for U.S. Citizens

*This chart summarizes common document requirements for business or immigration filings by U.S. citizens in selected EU countries. Always confirm the latest rules with the relevant consulate or registry.

How to Decide Which One You Need

If the background check will be done for multiple countries in the EU, then you will want to opt for an FBI report with a federal apostille, as this is the safer and more universally accepted option under The Hague Apostille Convention. State background checks only typically hold validity if a particular consulate or local authority requests one that aligns with the individual’s place of residence.

Practical Steps for U.S. Citizens

1. Identify your purpose.

Identify if the document is for business registration, a director position, or a residency application.

2. Select the appropriate background check.

The FBI Identity History Summary is the most commonly accepted option and is available for all 50 states. A state background check is likely not necessary.

3. Get the necessary apostille.

For Federal (FBI) background checks, an apostille is done by the U.S. Department of State in Washington, D.C.

For State background checks, an apostille is done by the Secretary of State where the record was issued.

4. Document translation.

Most US registries will require a translation into the local language (Lithuanian, Portuguese, Spanish, Dutch, etc.) to be certifiably translated.

5. Ensure the document is current.

Background checks are issued most often with a validity of six months.

What’s at stake

The evolution of compliance in the EU is swift. With the EU’s Maintain Due Diligence for foreign participants, even the most simple company registrations can require documents to be notarized and apostilled. Knowing the distinctions between the costs and time federal and state background checks saves is valuable. This also saves the local authorities from being inundated with last minute requests.

Anshin Notary works with clients on FBI and state background checks, apostille procurement, and certified translation for European jurisdictions. This guarantees that every document complies with the legal requirements of the destination country on the first attempt, whether it be for Lithuania’s company registry, Portugal’s SEF, or comparable EU entities.