FOREIGN INVESTMENT INSTITUTIONS IN THE NETHERLANDS ANTILLES (III)
General professionals-only exemption
Apart from the partial exemptions mentioned in the previous posting, various general exemptions are available. If such a general exemption applies, no further stipulations under or pursuant to the National Ordinance on the Supervision of Investment Institutions and Administrators 2002 (‘Landsverordening toezicht beleggingsinstellingen en administrateurs’) apply to the investment institution in question.
A general exemption is available to investment institutions for which participating interests are solicited or obtained from ‘professional parties’ only, i.e. natural persons who, or legal entities which, in pursuit of their occupation or business deal or invest in investment objects. In the Netherlands Antilles, such offer is only exempt if offered to natural persons who, or legal entities which, in pursuit of their occupation or business deal or invest in investment objects. It should be noted that the professionals-only exemption needs to be applied for with the Central Bank.
Karel Frielink
Attorney (lawyer) / Partner
