OFFERING SECURITIES FROM CURACAO AND ST. MAARTEN

About the obligation to publish a prospectus The legal regulations in connection with the law providing for financial supervision are materially identical in Curaçao and Sint Maarten. For convenience sake we will mainly refer to Curaçao below. The search for a prospectus requirement in the law on supervision will be in vain. The National Ordinance… Continue reading OFFERING SECURITIES FROM CURACAO AND ST. MAARTEN

WHEN IS A PROSPECTUS REQUIRED?

The Netherlands, Curaçao, St. Maarten and the BES-islands compared The Netherlands The legal system in the Netherlands has a European origin. We will not discuss this further here.* Chapter 5.1 of the Dutch Financial Supervision Act (Wet op het financieel toezicht: ‘Wft’) includes the rules for offering securities. Section 5:2 Wft stipulates: “It is forbidden… Continue reading WHEN IS A PROSPECTUS REQUIRED?

CREDIT INSTITUTIONS IN THE BES ISLANDS

Strictly regulated With effect from 1 July 2012, the Financial Markets (BES Islands) Act [Wet financiële markten BES; “Wfm BES”] came into force, with the associated subordinate regulations. The Wfm BES applies to financial institutions in the BES islands (Bonaire, St. Eustatius and Saba). There are several categories of financial institutions, including credit institutions (banks).… Continue reading CREDIT INSTITUTIONS IN THE BES ISLANDS

REGULATORY LAWS IN THE BES ISLANDS

There are three regulators According to the Dutch Central Bank (“DCB”), financial institutions must be sound, reliable and stable to ensure confidence among businesses, consumers and others. DCB states on its website: “In addition to making certain their customers are properly informed about their products and services, these institutions also have a duty of care… Continue reading REGULATORY LAWS IN THE BES ISLANDS