Disclosed vs undisclosed A right of pledge is a limited right, intended to provide recourse against the property subject thereto for a claim for payment of a sum of money, with preference over other creditors. A registered claim (vordering op naam) is a personal right to payment not to order or bearer. The difference is… Continue reading PLEDGING A REGISTERED CLAIM IN THE DUTCH CARIBBEAN
Month: February 2009
DUTCH CARIBBEAN LAW REGARDING CORPORATE AUTHORITY
Trade Register should be checked Netherlands Antilles law provides that, subject to restrictions laid down by the Netherlands Antilles Corporate Code or a corporation’s articles of association, the board of directors of a corporation shall be competent to represent the corporation, e.g. a limited liability company (NV or BV). In the event of the corporation… Continue reading DUTCH CARIBBEAN LAW REGARDING CORPORATE AUTHORITY
THE DUTCH CARIBBEAN PRIVATE FOUNDATION AND ITS SUPERVISORY DIRECTORS
Only natural persons may be appointed The articles of incorporation of a Private Foundation (PF) may provide, if so desired, that the authority of the board to make distributions is subject to the consent of the founder, a Supervisory Board or another body established within the PF e.g. an Advisory Board. It should be noted… Continue reading THE DUTCH CARIBBEAN PRIVATE FOUNDATION AND ITS SUPERVISORY DIRECTORS
TEXAS BILLIONAIRE ALLEN STANFORD ACCUSED OF FRAUD
Stanford fraud charges tricker panic Fraud charges laid against Allen Stanford sparked panic across the Caribbean. Stanford and his companies, among them Stanford International Bank Ltd. (a private offshore investment bank in Antigua), Stanford Group Co. and Stanford Capital Management LLC are subject to a fraud inquiry. According to The Daily Herald “The ripple effects of the “massive… Continue reading TEXAS BILLIONAIRE ALLEN STANFORD ACCUSED OF FRAUD
THE FORMATION OF A PRIVATE FOUNDATION IN THE DUTCH CARIBBEAN
Formation requires a notarial deed A Private Foundation (PF) is formed by a notarial instrument executed by a Netherlands Antilles civil law notary and registered in the Register of Foundations at the Chamber of Commerce. The articles of incorporation of the PF includes the name of the PF and the word PF (or a translation… Continue reading THE FORMATION OF A PRIVATE FOUNDATION IN THE DUTCH CARIBBEAN
THE OFFERING OF NOTES IN THE DUTCH CARIBBEAN
Only to licensed credit institutions Any Notes (including rights representing an interest in a Note in global form) that are offered as part of their initial distribution or by way of a re-offering in the Netherlands Antilles, shall, in order to comply with the Netherlands Antilles National Ordinance on the supervision of banking and credit… Continue reading THE OFFERING OF NOTES IN THE DUTCH CARIBBEAN
THE STRUCTURE OF A DUTCH CARIBBEAN FUND
It is easy and inexpensive to set up a SPV (Special Purpose Vehicle) From a legal point of view, establishing a fund in Curaçao is very attractive under the corporate law in force since March 1, 2004, whereby a private limited liability company (besloten vennootschap) can be established very quickly and flexibly. Virtually everything is… Continue reading THE STRUCTURE OF A DUTCH CARIBBEAN FUND
THE SHAREHOLDERS REGISTER OF A DUTCH CARIBBEAN LIMITED LIABILITY COMPANY
Shareholders may inspect the register Every shareholder of a Netherlands Antilles NV or BV may inspect the register of the company regarding the shares held by them. The articles of association of a particular company may confer the right for inspection on others. In most cases a shareholder may however only inspect the register of… Continue reading THE SHAREHOLDERS REGISTER OF A DUTCH CARIBBEAN LIMITED LIABILITY COMPANY