YOUR COMPANY HAS BEEN DE-REGISTERED IN ARUBA
Does the company still exist?
Suppose you obtain an extract from the Aruban Chamber of Commerce regarding your company. Although the extract mentions that ‘the company is discontinued since December 30, 2005′ you actually know that it is still alive and kicking. The following serves as a clarification of this somewhat confusing situation.
The company is probably a so called ‘off shore’ company enjoying certain rights related with this status. In order to qualify as an off shore company under the laws of Aruba it is required, amongst others, that the company has a locally established director or representative. Usually, specialized trust or management services companies act as such local director. If the local director resigns and is not replaced by another local director, the Commercial Register, as a matter of policy, ‘cancels’ the registration of the company (as it does not meet the requirements to qualify as an off shore company anymore).
However, such a cancellation of the registration has no effect on the existence of the company as such. The word ‘discontinued’ in the excerpt is as such somewhat confusing as the Commercial Register still maintains the company’s file and can ‘re-open’ the registration if a new local director is appointed. The de-registration has no effect on the existence of the company nor does it indicate that the company has been liquidated. It’s just not in good standing.
Karel Frielink
Attorney (Lawyer) / Partner
