SAINT NICHOLAS IS A BUSINESSMAN

What are his choices for the establishment of a business venture?

Today, 5 December 2005, in the Netherlands, the Netherlands Antilles, Aruba and the northern part of Belgium we celebrate the birthday of  ‘Sinterklaas’ (Saint Nicholas); no not Santa Claus? he has to wait another three weeks. Sinterklaas did actually exist; he was the archbishop of Myra (see http://www.thehollandring.com/sinterklaas.shtml).

On 5 December 2005 we find our shoes full of candy and toys. Although it’s Sinterklaas’ birthday, he himself gives presents to children (and to many adults too). The store registers are ringing heavily. Therefore, he must be a businessman. What are the choices for a businessman under the laws of Netherlands Antilles and Aruba for the establishment of a business venture?

The choices are:

– sole proprietorship (‘eenmanszaak’)

– a general partnership (‘vennootschap onder firma’)

– a limited partnership (‘commanditaire vennootschap’)

– a limited liability company, either private (BV) or public (NV)

Those who believe that Sinterklaas is a professional (consultant or likewise) may add the private partnership (‘maatschap’). Risk limitation and taxes are two important issues that help decide which organizational form is the best for the businessman involved. Knowing Sinterklaas for a long time already, I guess that the sole proprietorship suits him best.

Karel Frielink
Attorney (Lawyer) / Partner

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