LIABILITY OF A TRUST DIRECTOR

No lighter liability system

The National Ordinance on the supervision of Trust Service Providers (Landsverordening toezicht trustwezen) does not provide anything with regard to the liability of trust offices (a.k.a. management services companies) or their representatives acting as a director under the Articles (of Association) of a legal entity (for instance a company limited by shares (‘NV‘), private company with limited liability (‘BV‘) or foundation). The question is whether this liability is governed by the usual rules in this area. Because the trust office as a director of a legal entity usually fulfills a different role from a director – …
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28
Mar 2015
CATEGORY

Corporate

COMMENTS No Comments

TRUST SERVICE PROVIDERS IN CURACAO

TSPs are supervised by the Central Bank

Many international group structures include one or more Curacao legal entities or partnerships. The main reasons for this are the internationally competitive conditions for business development in the area of corporate law and the tax system in Curacao, as well as the well-developed professional financial services industry. Trust Service Providers (“TSPs”) are involved in setting up and maintaining such structures. TSPs conduct the management of legal entities and partnerships (“client companies”) on behalf of other enterprises. Management usually involves the TSP acting as manager of the client company and providing a correspondence address …
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21
May 2011
CATEGORY

Legal

COMMENTS No Comments

SUPERVISION OF TRUST COMPANIES IN THE DUTCH CARIBBEAN

Trust companies render management services

The supervision of trust companies is dealt with in the National Ordinance on the Supervision of Trust Service Providers 2003 (‘Landsverordening toezicht trustwezen’, the ‘NOST’). Supervision of trust companies (a.k.a. fiduciary or company service providers) falls in the category integrity supervision and not in the category prudential supervision. The supervisor is the Central Bank of the Netherlands Antilles. The ordinance prohibits anyone from rendering fiduciary or trust services without a license.

According to Art. 10 of the NOST, trust services means: (a) establishing an international company or causing it to be established when such is …
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01
May 2010
CATEGORY

Legal

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TRUST COMPANIES IN THE DUTCH CARIBBEAN

Rendering trust services without a license is prohibited

Many international group structures include one or more Dutch Caribbean legal entities or partnerships. The main reasons for this are the internationally competitive conditions for business development in the area of corporate law, the tax system, and the well-developed professional financial services industry of the Netherlands Antilles. Trust companies are involved in setting up and maintaining such structures. On behalf of other enterprises, trust companies conduct the management of ‘international companies’, i.e. companies established in the Netherlands Antilles which, however, on many occasions are (factually) controlled by persons or legal entities from …
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02
Jun 2008
CATEGORY

Legal

COMMENTS No Comments