A BUSINESS LICENSE IN THE NETHERLANDS ANTILLES
No license, no business
It is required under rules of Netherlands Antilles public law to obtain a business license for establishing and conducting business in the Netherlands Antilles. The responsible public authority in respect of the granting of a business license is the Service for Economic Affairs (‘Dienst Economische Zaken’, “DEZ”).
According to DEZ, foreign legal entities can only be granted a business license if the business will be conducted through a – to be incorporated – Netherlands Antilles legal entity. However, the business may be conducted through a representative office or branch office (‘nevenvestiging’ or ‘filiaal’), not being a Netherlands Antilles legal entity, if the business concerns a ‘project related matter limited in time’.
This somewhat vague criterion is based on internal guidelines of DEZ and not laid down in rules of public law. These guidelines have not been tested in court yet.
Karel Frielink
Curacao-based Attorney (lawyer) / Partner
