THE CAPITAL STRUCTURE OF NETHERLANDS ANTILLES COMPANIES
No minimum capital is required
Concepts like registered, subscribed and contributed capital do not occur in the Netherlands Antilles Corporate Act. Therefore, no minimum capital is required, unless such a requirement is included in the articles of association. There can be voting shares, non-voting shares and shares with restricted voting rights. Shares can have a par value. If shares have a par value, this may differ per category of shares. Also, the par value can be expressed in one or more foreign currencies.
There are only two formal restrictions: the equity of the public limited liability company (‘NV’) or private limited liability company (‘BV’) may not be negative when establishing the company and one share with full voting rights that participates in the profit must be placed with the founder or a third party, or several shares, which together have full voting rights and share in the profit, as the case may be.
Possible types of shares are, among others, ordinary shares, preferred shares, cumulative preferred shares and priority shares.
Karel Frielink
Attorney (lawyer) / Partner
