SUPERVISION OF SECURITIES TRANSACTIONS IN ARUBA
New Ordinance entered into force on 1 January 2017
The Aruba National Ordinance on the Supervision of Securities Transactions (Landsverordening toezicht effectenverkeer; NOSST) entered into force on January the 1st, 2017. With this National Ordinance, a licensing obligation is introduced for stockbrokers, asset managers, investment institutions, managers of investment funds, and operators of a stock exchange, and ongoing supervision on the same.
The Central Bank of Aruba decides on any market access of stockbrokers, asset managers, investment institutions, managers of investment funds, custodians and (operators of) stock exchanges, and supervises them (Section 3 NOSST).
It is forbidden to operate in or from Aruba as a stockbroker or asset manager without a license granted to this end by the Central Bank (Section 9(1) NOSST). This does not apply to a credit institution or insurer which has a license at its disposal as meant in Section 4 of the State Ordinance on the Supervision of the Credit System or Section 5 of the State Ordinance on the Supervision of the Insurance Business, insofar as operating as a stockbroker or asset manager pursuant to that license is not forbidden or restricted (Section 10(1) NOSST).
It is forbidden to request or acquire in or from Aruba funds or other goods for participation in an investment institution or to offer units in an investment institution without that investment institution or, if it is an investment fund, without the manager of that investment fund being in the possession of a license granted by the Central Bank (Section 9(2) NOSST). It is forbidden to hold a stock exchange in Aruba without a license granted to this end by the Central Bank (Section 9(3) NOSST).
Karel Frielink
(Attorney/Lawyer, Partner)
(21 April 2017)
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