AGENCY AGREEMENTS IN THE DUTCH CARIBBEAN
An agent is entitled to commission
Under the Civil Code of the Netherlands Antilles (article 7:428), an agency agreement is defined as a contract for a fixed or indefinite period of time between a principal and an agent, whereby the agent agrees, against payment, to mediate in the conclusion of contracts and to eventually conclude these contracts in the name and for the account of the principal, without being subordinate to the principal.
An agent shall be entitled to a commission for the negotiation of commercial transactions concluded after the sales representation contract has been terminated:
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KEEPING, MAINTAINING AND RETAINING RECORDS FOR TAX PURPOSES IN THE DUTCH CARIBBEAN
Records must be kept for 10 years
Pursuant to article 43 of the Netherlands Antilles State Ordinance on National Taxes (Algemene Landsverordening Landsbelastingen, “GONT”) an entity is obliged to keep the records (‘administratie’) of its assets and liabilities that clearly show the rights and obligations at all times and that provide the data relevant to the levying of taxes. These records and the associated data carriers must be kept for a period of 10 years. The GONT does not define what “records” are. The word records is therefore a grey area.
It is important to know that these obligations are …
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