TWO FAMOUS DUTCH CARIBBEAN ENTITIES
The NV and BV
The Netherlands Antillean NV (public limited liability company) or BV (private limited liability company) can be established in a form that resembles what a foreign shareholder encounters in his own legal system: the NV or BV can, for example, be organized like a Dutch NV, a Delaware corporation, a BVI company or a German GmbH. The motto is: “You request, we provide”. The chameleonic possibilities of the NV and BV contribute to their attractiveness. It should be noted, however, that a BV cannot issue bearer shares and that an NV can only issue bearer shares too, which consequently may be converted into bearer shares.
For the formation of an NV or BV and for any amendment of articles of association a notarial deed is required. However, the formation can take place quickly (within hours if necessary) and without many other formalities. The founders of the NV or BV determine the choice of the language in which the deed is drawn up, as long as the civil-law notary understands the language in question. In practice, many deeds will be drawn up in English.
Karel Frielink
Curacao-based Attorney (lawyer) / Partner
