THE INCORPORATION OF A NETHERLANDS ANTILLES LIMITED LIABILITY COMPANY
Formation and articles of association
For the formation of an NV (public limited liability company) or BV (private limited liability company) 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. For the formation, no ‘certificate of no objection’ is required.
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. It is not required that the notary also speaks such language. In practice, many deeds will be drawn up in English.
Although not unusual in the past, the current Netherlands Antilles Corporate Act expressly allows all kinds of contractual provisions between shareholders mutually or between shareholders and the company to be included in the articles of association. This will be particularly useful for mutual investment funds, joint venture relationships and family companies.
Karel Frielink
Attorney (Lawyer) / Partner
