RECORD-KEEPING IN THE DUTCH CARIBBEAN
It is an obligation
The Netherlands Antilles Civil Code requires a company to keep its accounts and retain relevant data in such a manner that its obligations can be known at all times (Article 3:15a subsection 1). The foregoing obligation to “keep and retain” has to be met in such a manner that the requirements for the company involved can be known and are met. Specific mention is made to “retain records and other data carriers”.
In the official explanatory memorandum (‘Memorie van Toelichting‘) it is explained that “other data carriers imply microfilm and the like as these data carriers are becoming more and more customary in the corporate sector”. The Civil Code subsequently stipulates that it is permissible – for retaining purposes – to transfer data from the original data carrier to another data carrier (Article 3:15a subsection 4). The explanatory memorandum states in this context that it is expected that in practice this transfer will involve a computerization of the paper file.
Karel Frielink
Curacao-based Attorney (lawyer) / Partner
