Author: Karel Frielink

Venture capital companies included in exemption regulation The primary objective of the National Ordinance on the Supervision of Investment Institutions and Administrators 2002 (‘Landsverordening toezicht beleggingsinstellingen en administrateurs’) is to introduce a regime of supervision for investment institutions and administrators in the interest of an adequate operation of the financial markets and the position of… Continue reading VENTURE CAPITAL COMPANIES UNDER THE LAWS OF THE NETHERLANDS ANTILLES

A limited partnership has no legal personality A limited partnership (‘commanditaire vennootschap’) under the laws of the Netherlands Antilles has no legal personality but has a contractual basis. A limited partnership can be ‘established’ (concluded) pursuant to the provisions of the Commercial Code (‘Wetboek van Koophandel’) as well as the Civil Code of the Netherlands… Continue reading LIMITED PARTNERSHIPS UNDER THE LAWS OF THE NETHERLANDS ANTILLES

The pledgor must be authorized to dispose over the receivable Under the laws of Aruba, a right of pledge can be established on future receivables, provided that such receivables directly result from an existing legal relationship (‘rechtstreeks zullen worden verkregen uit een bestaande rechtsverhouding’). However, the right of pledge on a future receivable will only… Continue reading PLEDGING FUTURE RECEIVABLES UNDER THE LAWS OF ARUBA

Consolidated financial information must be made public The Netherlands Antilles Central Bank (‘Bank van de Nederlandse Antillen’) decided in March 2006, that each insurance company should disclose its 2005 Consolidated Financial Highlights (“CFH”) within 2 months after June 30, 2006, and starting as of year-end 2005, disclose its CFHs within 6 months after each calendar… Continue reading NEW DISCLOSING OBLIGATIONS FOR INSURANCE COMPANIES TRANSACTING BUSINESS IN THE NETHERLANDS ANTILLES

Effective tax rate of 1.725% From one of the weblog’s visitors I received this question: Is it possible to structure the revenue of a global company such that all money goes through a tax friendly environment (such as the Netherlands Antilles), prior to being distributed to the respective national corporations? Curaçao certainly offers attractive possibilities… Continue reading THE NETHERLANDS ANTILLES OFFERS HIGHLY ATTRACTIVE TAX BENEFITS

How management can protect the corporation’s interests According to the Dutch Economy Minister Joop Wijn, “Investment companies buy out a business, only to strip it bare like a plague of locusts“. He is referring to so-called hedge-funds who acquire enough shares in corporations to enable them to put some pressure on the management to sell… Continue reading HEDGING THE HEDGE FUNDS?

A prospectus may not be misleading A closed-end investment fund is a fund that does not redeem its own shares. A semi open-end or semi closed-end fund may redeem shares, yet it is not obliged to do so or does not do so unrestrictedly. A so-called open-end investment fund is obliged under the conditions set… Continue reading THE PROSPECTUS OF A NETHERLANDS ANTILLES BASED INVESTMENT FUND

Claim of post-bankruptcy creditor denied The case: Instead of waiting for final judgments in several validation proceedings, the trustees in bankruptcy entered in a settlement agreement with several creditors. In case the agreement is left out of consideration, the winding up of the bankrupt estate will result in a surplus of some millions of guilders.… Continue reading JOINT COURT OF APPEAL OF THE NETHERLANDS ANTILLES AND ARUBA RULES ON BANKRUPTCY ISSUES

The trustee must also look after the bankrupt’s legitimate interests In general, the main function of the bankruptcy trustee is to realize and distribute the assets of the bankrupt person or company. The aim is to enable the creditors of the bankrupt estate to receive as large a share of the proceeds of the assets… Continue reading DUTIES OF A BANKUPTCY TRUSTEE IN THE NETHERLANDS ANTILLES

The more you invest yourself, the easier you get financing If you have plenty of assets, you just walk into a bank and ask them to lend you the money you need (debt financing). As long as these assets are marketable, getting the loan won’t be too difficult. However, there are alternatives, e.g. private investors or… Continue reading THOUGHTS ON FINANCING YOUR PRIVATE COMPANY

No specific restrictions For Netherlands Antilles tax purposes and according to the General Ordinance on National Taxes (this law contains general rules applicable to the income tax, wage tax, profit tax, ship registration tax, conveyance tax, inheritance and transfer tax, ground tax, turnover tax (SXM) and sales tax) there are some statutory requirements for keeping… Continue reading WHERE TO KEEP TAX DATA UNDER THE LAWS OF THE NETHERLANDS ANTILLES?

Customer data must be kept confidential Bank secrecy rules protect the confidentiality of customer data. Customer data is any information relating to an identified or identifiable customer. Bank secrecy rules apply to all information relating to any banks business or information which the bank obtains in the course of business or contractual relationship. Netherlands Antilles… Continue reading CUSTOMER DATA AND BANK SECRECY RULES IN THE NETHERLANDS ANTILLES