THE NETHERLANDS ANTILLES OFFERS HIGHLY ATTRACTIVE TAX BENEFITS

Effective tax rate of 1.725%
From one of the weblog’s visitors I received this question: Is it possible to structure the revenue of a global company such that all money goes through a tax friendly environment (such as the Netherlands Antilles), prior to being distributed to the respective national corporations?
Curaçao certainly offers attractive possibilities for intermediate […]

HEDGING THE HEDGE FUNDS?

How management can protect the corporation’s interests
According to the Dutch Economy Minister Joop Wijn, “Investment companies buy out a business, only to strip it bare like a plague of locusts“. He is referring to so-called hedge-funds who acquire enough shares in corporations to enable them to put some pressure on the management to sell whole […]

THE PROSPECTUS OF A NETHERLANDS ANTILLES BASED INVESTMENT FUND

A prospectus may not be misleading
A closed-end investment fund is a fund that does not redeem its own shares. A semi open-end or semi closed-end fund may redeem shares, yet it is not obliged to do so or does not do so unrestrictedly. A so-called open-end investment fund is obliged under the conditions set thereto […]

FRANK PROMES HAS JOINED SPIGTHOFF ATTORNEYS & TAX ADVISERS

Top-notch lawyer opts for a remarkable new challenge
Former Advocate-General of the Netherlands Antilles, former Dean of the Netherlands Antilles Bar Association, former member of the Governing Board of the Chamber of Commerce and Industry Frank Promes has joined Spigthoff Attorneys & Tax Advisers (Netherlands Antilles).

Frank Promes earned his law degree from Free University (Amsterdam) in […]

JOINT COURT OF APPEAL OF THE NETHERLANDS ANTILLES AND ARUBA RULES ON BANKRUPTCY ISSUES

Claim of post-bankruptcy creditor denied
The case: Instead of waiting for final judgments in several validation proceedings, the trustees in bankruptcy entered in a settlement agreement with several creditors. In case the agreement is left out of consideration, the winding up of the bankrupt estate will result in a surplus of some millions of guilders. All […]

DUTIES OF A BANKUPTCY TRUSTEE IN THE NETHERLANDS ANTILLES

The trustee must also look after the bankrupt’s legitimate interests
In general, the main function of the bankruptcy trustee is to realize and distribute the assets of the bankrupt person or company. The aim is to enable the creditors of the bankrupt estate to receive as large a share of the proceeds of the assets as […]

THOUGHTS ON FINANCING YOUR PRIVATE COMPANY

The more you invest yourself, the easier you get financing
If you have plenty of assets, you just walk into a bank and ask them to lend you the money you need (debt financing). As long as these assets are marketable, getting the loan won’t be too difficult. However, there are alternatives, e.g. private investors or investment […]

WHERE TO KEEP TAX DATA UNDER THE LAWS OF THE NETHERLANDS ANTILLES?

No specific restrictions
For Netherlands Antilles tax purposes and according to the General Ordinance on National Taxes (this law contains general rules applicable to the income tax, wage tax, profit tax, ship registration tax, conveyance tax, inheritance and transfer tax, ground tax, turnover tax (SXM) and sales tax) there are some statutory requirements for keeping documents […]

CUSTOMER DATA AND BANK SECRECY RULES IN THE NETHERLANDS ANTILLES

Customer data must be kept confidential
Bank secrecy rules protect the confidentiality of customer data. Customer data is any information relating to an identified or identifiable customer. Bank secrecy rules apply to all information relating to any banks business or information which the bank obtains in the course of business or contractual relationship.
Netherlands Antilles civil law […]

LIABILITY FOR FRAUDULENT ACCOUNTS UNDER THE LAWS OF THE NETHERLANDS ANTILLES

Liability of directors could be an issue
Can directors of a company be held liable for inappropriate or fraudulent bookkeeping without being involved in this themselves and without having any knowledge about this? The reasoning would then be, that such directors have committed a tort towards those who have incurred damages by relying upon the company’s […]