CORPORATE ISSUES UNDER NETHERLANDS ANTILLES LAW
At least one general meeting per year must be held
There are no dates determined or location(s) specified for the meetings of the board of directors under Netherlands Antilles law. The articles of association of a company (NV or BV) may determine specific dates and/or specify location(s) for the meeting(s) of the board of directors.
There are no dates determined for shareholders meetings under Netherlands Antilles law. The articles of association of a company may determine specific dates for the shareholders meeting(s). Please note that it is required under Netherlands Antilles law for a regular company to hold at least …
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A SHARE TRANSFER UNDER NETHERLANDS ANTILLES LAW
Bearer shares versus registered shares
There are no legal restrictions as to the transfer of shares of a company. According to corporate law, the articles of association of a company may provide for certain restrictions.
Regarding registered shares, a share transfer deed has to be entered into between the transferor and transferee. In addition, for a duly transfer of the shares either this deed should be served on the company or the transfer of shares should be acknowledged by the company. The latter can easily be done by the company by co-signing the transfer deed for acknowledgement. The directors of …
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CREDIT INSTITUTIONS UNDER NETHERLANDS ANTILLES LAW
The solicitation of repayable funds is prohibited
The Netherlands Antilles National Ordinance on the supervision of banking and credit institutions 1994 (‘Landsverordening toezicht bank- en kredietwezen’) does not use the term ‘bank’ (other than when referring to the Central Bank of the Netherlands Antilles). It prohibits anyone to engage in the business of a Credit Institution (‘kredietinstelling’) in the Netherlands Antilles without a license issued by the Central Bank. A ‘Credit Institution’ is defined as an enterprise or institution that to an important extent makes its business of:
(i) solicitation of repayable funds (‘deposits’, whether term deposits or deposits which …
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THE NETHERLANDS ANTILLES CRIMINAL JUSTICE SYSTEM
Violent crimes versus white-collar crimes
The Netherlands Antilles criminal justice system is mirrored after the Netherlands criminal justice system. It distinguishes itself from many other criminal justice systems (e.g. the U.S. system) on many aspects (e.g. the severity of sanctions imposed). The principal laws which guide the criminal justice system in the Netherlands Antilles are the Penal Code, the Code of Criminal Procedure and many special Ordinances.
The criminal justice legal process is divided into two phases: the pre-trial and the trial phase. In the pre-trial phase it is all about fact-finding (e.g. searches of premises to secure evidence and …
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INTERNATIONAL FINANCIAL SERVICES IN THE NETHERLANDS ANTILLES
The Netherlands Antilles has high quality service providers
International financial services form an important pillar of the economy of the Netherlands Antilles. Other important sources of income include tourism, oil refining and shipping. The financial sector is supported by a number of international banks offering a wide scale of services. All of the larger international audit firms are represented in the Netherlands Antilles.
Curacao has an active representative interest group called the Curacao International Financial Services Association (‘CIFA‘). CIFA consist of all market participants, including funds, administrators, corporate service providers, lawyers, tax advisers, auditors, notaries, banks …
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TELECOMMUNICATION SERVICES IN THE NETHERLANDS ANTILLES
The community as a whole is still suffering from unfair competition
Telecommunications is one of the key elements of the infrastructure of the Netherlands Antilles. The liberalization of this industry is a governmental priority. The liberalization process allows the services being offered to improve in both price structure and quality.
The telecommunication sector in the Netherlands Antilles is governed by the Ordinance on Telecommunication Services 1995 (‘Landsverordening Telecommunicatie-voorzieningen’) which came into force on the 1st of January 1996.
The installation, maintenance and operation of a telecommunication network, requires a concession. Concessions are granted by Government decree and different concessions are …
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