Month: June 2006

There is only a duty to account to the shareholders’ meeting Suppose you are a shareholder of a Netherlands Antilles based company. What kind of information can you obtain from the managing board? Minutes of all board meetings? All bank account statements? Copies of all correspondence between the board and third parties? The management board… Continue reading SHAREHOLDERS OF A NETHERLANDS ANTILLES COMPANY ARE ENTITLED TO CERTAIN INFORMATION

Nullification only possible on limited grounds Court proceedings are time consuming and cost a lot of money. Also, Court decisions do not always offer an acceptable solution. It is for those reasons that more and more parties choose another form of conflict control: arbitration, mediation or binding advice. The binding advice given by a conciliation… Continue reading NULLIFICATION OF A BINDING ADVICE UNDER THE LAWS OF THE NETHERLANDS ANTILLES AND ARUBA

Reverse pierce of the corporate veil? For tort I shall briefly discuss the position under Netherlands law (as opposed to Netherlands Antilles law), as most relevant literature and case law on this point was written towards Netherlands law. It should be noted that in theory the Netherlands case law to a certain extent may apply… Continue reading CORPORATIONS AND THEIR ALTER-EGOS UNDER THE LAWS OF THE NETHERLANDS ANTILLES (II)

Reverse pierce of the corporate veil? In some countries if a corporation is to be regarded as the same or the alter ego of its shareholder, then the corporate or tax law authorizes a reverse pierce of the corporate veil, meaning that the corporation can be liable for the debts of its shareholder. If Netherlands… Continue reading CORPORATIONS AND THEIR ALTER-EGOS UNDER THE LAWS OF THE NETHERLANDS ANTILLES (I)

Not too much red-tape Notification issues are dealt with in the Ordinance on the Notification of Control in Listed Companies 1991 (‘Landsverordening Zeggenschap in ter Beurze Genoteerde Vennootschappen 1991’). This Ordinance basically applies if it concerns shares in a Netherlands Antilles public company with limited liability which is listed on a stock exchange. If we… Continue reading STOCK EXCHANGE ISSUES UNDER THE LAWS OF THE NETHERLANDS ANTILLES

Hilton, Marriott and Hyatt are already part of this dream-destination (click here) Curacao is the Pearl and the Capital of the Caribbean The Netherlands Antilles form part of the Kingdom of the Netherlands. The other members of the Kingdom are Aruba and the Netherlands. The Netherlands Antilles in turn consist of five islands: Bonaire and… Continue reading TOURISM IS BOOMING ON CURACAO, THE NETHERLANDS ANTILLES

Interest income will trigger the 34.5% profit tax If a Netherlands Antilles based company is subject to the standard profit tax regime of the Netherlands Antilles this means that the applicable profit tax rate is 34.5%. Suppose this company acts as a holding company for a Dutch subsidiary. If that is the case the participation… Continue reading THE STANDARD PROFIT TAX REGIME OF THE NETHERLANDS ANTILLES