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
Category: Finance
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
DUTCH GOVERNMENT INJECTS $13 BILLION IN ING GROUP
Restoring confidence is key Recently, the Dutch government acquired all shares in the capital of the Dutch subsidiary of Fortis, i.e. Fortis Bank Nederland, including ABN AMRO Bank. Furthermore, the Dutch government has set aside $27.5 billion of capital to protect the financial institutions of the Netherlands. Although there are many banks that have enough… Continue reading DUTCH GOVERNMENT INJECTS $13 BILLION IN ING GROUP
IN THE SHADOWS OF DEBT
Who is to blame for the current crisis? Massive borrowing, hedge funds, credit default swaps (CDSs), collateralized debt obligations (CDOs) and other instruments seem to be part of the current trillion dollar problem. What was known about these instruments and the risks attached to them in the recent past? There was actually quite a lot known right from the start.… Continue reading IN THE SHADOWS OF DEBT
DUTCH CARIBBEAN REGULATORY FRAMEWORK
Central Bank monitors compliance The regulatory rules and regulations in the Netherlands Antilles deal with credit institutions, investment institutions and administrators, insurers and insurance brokers, company pension funds, trust service providers, capital markets, anti-money laundering and identification, and foreign exchange control and license fees. The Netherlands Antilles have one regulator: the Central Bank of the… Continue reading DUTCH CARIBBEAN REGULATORY FRAMEWORK
CURACAO RECEIVES TOP RANKING IN HEDGE FUND ADMINISTRATION SURVEY
Curacao is again ranked #1 According to the 2008 Global Custodian Hedge Fund Administration Survey, Curacao (Dutch Caribbean) is the # 1 location for hedge fund administration services. Curacao outperformed Singapore, Dublin, Toronto, Hong Kong, Luxembourg, Amsterdam and the Cayman Islands, to name just a few. Curacao is known for its excellent legal and tax infrastructure,… Continue reading CURACAO RECEIVES TOP RANKING IN HEDGE FUND ADMINISTRATION SURVEY
CREDIT DEFAULT SWAPS AND INSURANCE ISSUES UNDER DUTCH CARIBBEAN LAW
Are credit default swaps insurance products? The National Ordinance on the supervision of the Insurance Business (“NOSI”) does not contain a definition of ‘insurance agreement’. Under Netherlands Antilles law the definition contained in article 315 of the Netherlands Antilles Commercial Code is usually used, which informally translated reads as follows: “Insurance is an agreement whereby… Continue reading CREDIT DEFAULT SWAPS AND INSURANCE ISSUES UNDER DUTCH CARIBBEAN LAW
INVESTMENT COMPANY REGULATIONS IN THE DUTCH CARIBBEAN
Holding companies are not investing An investment company (NV or BV) is a company that raises or obtains pecuniary means or other property to be used for collective investment with the objective of allowing the participants to benefit from the revenues of those investments. The Netherlands Antilles National Ordinance on the Supervision of Investment Institutions… Continue reading INVESTMENT COMPANY REGULATIONS IN THE DUTCH CARIBBEAN
DUTCH CARIBBEAN HEDGE FUNDS
Curacao provides a favorable climate for hedge funds Curacao, part of the Netherlands Antilles, currently provides a favorable tax, legal and regulatory climate for hedge funds. A fund vehicle can be established quickly and flexibly. Additionally, the current regulatory regime for the supervision of investment institutions and administrators and the anti-money laundering rules provide comfort… Continue reading DUTCH CARIBBEAN HEDGE FUNDS
INSIDER TRADING IN THE DUTCH CARIBBEAN
A criminal offense The Netherlands Antilles Ordinance on the Supervision of Stock Exchanges 1998 (‘Landsverordening toezicht effectenbeurzen 1988’) contains a prohibition on insider trading. Any person who is in possession of inside information is prohibited from carrying out a transaction or being instrumental in a transaction in securities in a company listed on a Netherlands… Continue reading INSIDER TRADING IN THE DUTCH CARIBBEAN