Citizens versus non-citizens

According to the Netherlands Antilles Ordinance on the Establishment of Businesses (‘Landsverordening betreffende vestiging van ondernemingen’, PB 1946 nr. 43) a license is required to establish a company (‘vestigingsvergunning’). A further license is required to operate one as an individual director if one is not a citizen of the Netherlands Antilles (‘directievergunning’).

According to a policy document published by the Department of Economic Affairs (‘Dienst Economische Zaken’) in Curacao that is responsible for the enforcement of aforementioned Ordinance, a person is considered a citizen of the Netherlands Antilles if born in the Netherlands Antilles, or if one of his or her parents is born in the Netherlands Antilles or if he or she has been living in the Netherlands Antilles for over 5 years.

It furthermore follows from said Ordinance that at least one director of a company should be domiciled in the Netherlands Antilles. A company’s establishment permit (‘vestigingsvergunning‘) may be revoked if there are no directors domiciled in the Netherlands Antilles. For further information on doing business in Curacao click here for the 2006 Guide of the Chamber of Commerce and click here for the Government’s Investor’s Guide Curacao.

Karel Frielink
Attorney (Lawyer) / Partner

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