Category: Legal

The system differs considerably from the U.S. system The system of ownership and holding of real property in the Netherlands Antilles differs considerably from that of the United States and other common law jurisdictions. Under Netherlands Antilles law distinction is drawn between ownership of property on the one hand and legal rights created in relation… Continue reading OWNERSHIP AND REAL PROPERTY UNDER NETHERLANDS ANTILLES LAW

The Netherlands Antilles provides a favorable tax climate The Netherlands Antilles provides a favorable tax, legal and regulatory climate for (hedge) funds. It is possible in the Netherlands Antilles to discuss in advance with the tax authorities what at arms’ length remuneration will be acceptable. A tax-exempt vehicle is available for hedge funds. Furthermore, the… Continue reading HEDGE FUNDS AND TAXATION IN THE NETHERLANDS ANTILLES

The directive deals with mergers in the European Community only On 20 September 2005, the Council of the European Union has adopted a directive on cross-border mergers of companies aiming at facilitating the carrying-out of cross-border mergers between various types of limited liability companies governed by the laws of different EU Member States. This directive… Continue reading CROSS-BORDER MERGER DIRECTIVE ADOPTED BY THE EU COUNCIL

Cross-border conversion is another way of describing the transfer of the corporate seat A Netherlands Antilles private limited liability company (‘BV‘) or a public limited liability company (‘NV‘) may convert itself into a foreign legal entity, provided that, under the laws governing such foreign legal entity, the company will continue to exist as a legal… Continue reading CROSS-BORDER CONVERSION OF A NETHERLANDS ANTILLES COMPANY INTO A FOREIGN COMPANY

Not too much red tape First of all, a branch comes into existence the moment it commences to conduct its business in public. As soon as this point has been reached, the law kicks in with certain legal requirements: – A license to operate the branch: license to establish a business (‘Vestigingsvergunning’); – A licence to transfer… Continue reading BRANCHES OF FOREIGN COMPANIES IN THE NETHERLANDS ANTILLES

The liquidators must wind up the company?s affairs The management board of an Aruba public limited liability company (‘NV‘) is not authorized to dissolve the company. Dissolution requires a shareholders? decision. The decision to liquidate a company must be announced in the Aruba Gazette (in which the government publishes its official announcements). Notice of liquidation… Continue reading THE VOLUNTARY DISSOLUTION OF AN ARUBAN LIMITED LIABILITY COMPANY

A legal opinion looks like a collection of legalisms A legal opinion is a document by which a lawyer / attorney communicates objective legal advice to a client or a third party. His legal opinion speaks only as to domestic law not foreign law: legal comfort is local by nature, not global. When buying shares,… Continue reading LEGAL OPINIONS IN THE NETHERLANDS ANTILLES AND ARUBA

The Netherlands Antilles maintains its reputation of pursuing high standards and integrity The world is at war. A war against terrorism. And except for some blacklisted countries and territories, each jurisdiction has been making efforts to implement credible policies en legislation to deal with crime, both domestic and internationally. The Netherlands Antilles is ahead of… Continue reading ANTI-MONEY LAUNDERING AND IDENTIFICATION IN THE NETHERLANDS ANTILLES

Curacao is the home of one stock exchange The Netherlands Antilles Ordinance on the Supervision of Stock Exchanges 1998 (‘Landsverordening Toezicht Effectenbeurzen 1998′) became effective March 1999. As a general rule, this Ordinance applies to stock exchanges that are operated in the Netherlands Antilles only. The Minister of Finance assigned the Netherlands Antilles Central Bank… Continue reading STOCK EXCHANGE REGULATIONS IN THE NETHERLANDS ANTILLES

Streamlining government is in the general interest On 6 September 2005, Japan announced that it had completed the 20-year privatization of the nation’s biggest telecommunications company. This is the result of Japan’s ongoing effort to shrink government. In the past decade, about 50% of privatization activity took place in Latin America and the Caribbean. Privatization… Continue reading PRIVATIZATION IN THE NETHERLANDS ANTILLES

The liability of an ISP is not unlimited An Internet Service Provider (ISP) is primarily a conduit that passively allows for the transmission of data: an on-line intermediary. One cannot expect an ISP to monitor all of the services that it may give access to: an ISP offers numerous web-based services and the use of… Continue reading THE LIABILITY OF INTERNET SERVICE PROVIDERS IN THE NETHERLANDS ANTILLES

Civil law notaries are university graduated legal experts In the United States a notary public is a public servant appointed by state government to witness the signing of important documents (acknowledging and verifying signatures) and administer oaths and affirmations. Such a notary is forbidden from preparing legal documents or acting as a legal adviser unless… Continue reading CIVIL LAW NOTARIES IN THE NETHERLANDS ANTILLES AND ARUBA