BRANCHES OF FOREIGN COMPANIES IN THE NETHERLANDS ANTILLES

Not too much red tape

First of all, a branch comes into existence the moment it commences to conduct its business in public. As soon as this point has been reached, the law kicks in with certain legal requirements:

– A license to operate the branch: license to establish a business (‘Vestigingsvergunning’);

– A licence to transfer and receive money to and from territories outside the Netherlands Antilles: foreign exchange license (‘Deviezenvergunning’); and

– File for registration of the branch in the commercial register at the Chamber of Commerce.

In order for a branch to legally conduct its business, the following steps should be taken:

– Apply for a licence to establish a business at the Economic Department (‘Dienst Economische Zaken’) of the Executive Board of the Island Government (‘Bestuurscollege’); (Note: such a license includes a license for the director of the business, as well as for the business itself)

– Apply for a foreign exchange licence at the Central Bank of the Netherlands Antilles; (Note: the time involved between the application and the decision on the application usually is two to three weeks);

– File for registration of the branch in the commercial register at the Chamber of Commerce; and

– File for registration of the trade name of the branch at the Chamber of Commerce.

In addition, a bank account should be opened and a CRIP number (a registration number at the tax office) should be applied for on behalf of the branch.

Karel Frielink
Attorney (Lawyer) / Partner

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