Publicly accessible
Corporations (NVs, BVs, foundations) and partnerships must be registered with the commercial register of the chamber of commerce of their place of business (e.g. Aruba, Curacao, Bonaire, St. Maarten). The chamber keeps a complete roster of businesses.
A business is required to file certain information and to deposit certain documents with the commercial register.
In case […]
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Shares with certain rights attached
In addition to ordinary shares, shares without voting rights and shares without any denomination, the law of the Netherlands Antilles provides for preferred shares (’preferente aandelen‘) and priority shares (’prioriteitsaandelen‘).
Preferred shares usually entitle the shareholder to a certain preference with respect to the payment of dividends. They can (too) entitle the […]
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There is only one financial regulator
The Netherlands Antilles have one financial regulator: the Central Bank of the Netherlands Antilles (‘Bank van de Nederlandse Antillen’). The Central Bank is a separate legal entity (‘rechtspersoon’) having its seat at Curaçao.
The Central Bank is also an independent administrative body (‘zelfstandig bestuursorgaan’) and is therefore not subject to the […]
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Part-time apartment right or right of use
Since the entering into force of the Netherlands Antilles Timeshare National Ordinance (‘Landsverordening regeling gebruik in deeltijd van onroerende zaken en aanpassing appartementsrecht’), a new regime for timeshare business is applicable.
According to the Explanatory Memorandum to the Ordinance, a timeshare right can be considered as a part-time apartment right […]
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Two systems available
For years the Netherlands Antilles have an attractive fiscal arrangement for people who want to settle on the Netherlands Antilles after their (early) retirement, the so-called Penshonados. The arrangement entails a relatively low tax rate, in which depending on the circumstances one can make a choice between two different taxation systems. In order […]
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The court determines the purchase price
According to Netherlands Antilles law, a shareholder who holds at least 95% of the outstanding capital in a company (NV or BV) may initiate court proceedings to buy-out the minority shareholders. The articles of association may provide for another percentage, provided it is not less than 90%. Whether or not […]
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Notice of default not always required
According to article 6:119 Netherlands Antilles Civil Code, whenever a debtor is in default, he must pay compensation to the creditor, this compensation consists of the statutory interest. The statutory interest is calculated and accumulated to the amount due every year. In the case that a higher interest than the […]
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Interim-relief can be obtained relatively quickly
Such proceedings (a.k.a. injunction proceedings) start, as most proceedings in the Netherlands Antilles, with filing an initial request with the court. The latter will take care of serving the writ of summons onto the defendant(s). The court then will fix a date for the hearing within two weeks after the […]
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Only if improper performance can be seriously imputed to him
The general rule under Dutch Caribbean law is that a supervisory board member is only liable for the improper performance of his duty in case this can be seriously imputed to him. It must be noted that the tasks of supervisory directors differ from the tasks […]
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