SUPERVISION OF SECURITIES TRANSACTIONS IN ARUBA

New Ordinance entered into force on 1 January 2017

The Aruba National Ordinance on the Supervision of Securities Transactions (Landsverordening toezicht effectenverkeer; NOSST) entered into force on January the 1st, 2017. With this National Ordinance, a licensing obligation is introduced for stockbrokers, asset managers, investment institutions, managers of investment funds, and operators of a stock exchange, and ongoing supervision on the same.

The Central Bank of Aruba decides on any market access of stockbrokers, asset managers, investment institutions, managers of investment funds, custodians and (operators of) stock exchanges, and supervises them (Section 3 NOSST).

It is forbidden to operate in …
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21
Apr 2017
CATEGORY

Finance

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AUSTRIAN GAMING LAW IN VIOLATION WITH EU LAW

European Court of Justice (9 September 2010): “Austrian legislation under which only companies having their seat in Austria have the right to operate casinos is contrary to European Union law” (click here for the press release).

The Court of Justice finds that the obligation on persons holding concessions to operate gaming establishments to have their seat in Austria constitutes a restriction on freedom of establishment. That obligation discriminates against companies which have their seat in another Member State and prevents those companies from operating gaming establishments in Austria through an agency, branch or subsidiary.

With regard to …
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09
Sep 2010
CATEGORY

Legal

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NETHERLANDS CARIBBEAN BANKS AND REGULATORY ISSUES

A bank has less freedom than an ordinary legal entity

What would be the requirements, from a regulatory point of view, if a Netherlands Antilles bank wished to sell its entire business or a substantial part thereof? Would it require approval from the Netherlands Antilles Central Bank (de ‘Bank van de Nederlandse Antillen’)?

Generally, if the activity at a bank is characterized as some form of financial reorganization, for example, the prior approval of the Central Bank is required. The bank is also obliged to immediately inform the Central Bank in writing of any resolution for complete or partial liquidation or …
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28
Nov 2009
CATEGORY

Legal

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AGENCY AND DISTRIBUTION AGREEMENTS IN THE NETHERLANDS CARIBBEAN (II)

Distribution agreement

So-called agency agreements frequently bear resemblance in actual practice, to (certain aspects of) distribution agreements. Hence, so-called ‘agency agreements’ are in actual fact not infrequently mixed type agreements, consisting of an agent and a distribution element.

In general, a distributor buys goods from a principal in his own name and for his own account and resells these goods to third parties in his own name and for his own account.

Distribution agreements are not defined in any Netherlands Antilles statute and are not subject to any specific Netherlands Antilles legislation. The distribution agreement is an agreement sui generis, …
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27
Jun 2009
CATEGORY

Legal

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BES LAW DEVELOPMENTS

Bonaire, St. Eustatius and Saba (BES)

Within a couple of years, the BES Islands, as public entities, will be part of the country of the Netherlands in the framework of the political restructuring in the Kingdom of the Netherlands. The US dollar will be introduced as the new currency in the BES Islands. Curacao and St. Maarten will each become a country within the Kingdom of the Netherlands and have their own legislation and regulations.

The starting point of the political restructuring is that Dutch legislation will be introduced only gradually into the BES Islands. It has been established that …
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24
Jun 2009
CATEGORY

Legal

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TRADE MARK LAW: PLACING LUXURY GOODS IN DISCOUNT STORES CAN AFFECT THEIR QUALITY

French fashion house Dior has the upper hand in legal battle over ‘dumping’ of its goods

Placing luxury goods like Christian Dior products in discount stores can affect their quality according to the European Court of Justice, in a ruling on April 23, 2009, thereby backing the renowned French fashion house Dior in a trademark case. At issue is the extent to which companies such as Dior can defend themselves against products bearing their brands being “dumped” even though the licensing agreement clearly prohibits the licensee from doing so.

On May 17, 2000 the fashion house concluded a …
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28
Apr 2009
CATEGORY

Legal

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INSURANCE BUSINESS IN THE DUTCH CARIBBEAN (II)

Limitations apply to a foreign insurance company

A foreign insurance company, i.e. a company not having its seat in the Netherlands Antilles and not operating through any kind of branch office (including a local representative), is allowed to insure a risk located in the Netherlands Antilles (for instance Curaçao), provided this occurs on an incidental basis (Explanatory Memorandum NOSI, Parliament of the Netherlands Antilles, Session 1987-1988, No. 3, p. 7).

In such cases, no license or registration requirements apply. The point is, however, that it is up to the Central Bank to decide whether this criterion has been met. Unfortunately …
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18
Nov 2008
CATEGORY

Legal

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INSURANCE BUSINESS IN THE DUTCH CARIBBEAN (I)

A license is required

The insurance business in the Netherlands Antilles is regulated by the National Ordinance on the Supervision of the Insurance Business 1990 (Landsverordening toezicht verzekeringswezen, the “NOSI”).

The NOSI divides the insurance business into life insurance and indemnity insurance products. Indemnity insurance products are in turn divided into a number of categories: (i) accident and health insurance; (ii) motor vehicle insurance; (iii) maritime, transport and aviation insurance; (iv) fire insurance and other property insurance; and (v) other indemnity insurance.

Any person or entity wishing to conduct either life insurance or indemnity insurance business in or from the …
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15
Nov 2008
CATEGORY

Legal

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