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Curaçao: Law of Offshore

Table of Statutes

When the Netherland Antilles were dissolved in October, 2010, the pre-existing Antilles laws and regulations were adopted in their entirety by Curaçao and Sint Maarten. To reflect the new constitutional order, references were changed accordingly.

This is a non-exhaustive list of the main Curaçao statutes affecting offshore and non-resident business. The statutes are listed in alphabetical order – click on the statute for a fuller description of the statute, the legal regime it forms part of, or in some cases the text of the law.

Civil Code Book 2 (Corporate Law) 2004
Decree on Pensions 2003
The Commercial Code of the Netherlands Antilles (Articles 33 - 155)
National Ordinance for Identification When Rendering Financial Services 1997
National Ordinance for Insurance Supervision 1990
National Ordinance on Penalization of Money Laundering 1993
National Ordinance on Profit Tax 1940
National Ordinance for the Reporting of Unusual Transactions 1996
National Ordinance on Ship Registration Tax 1987
National Ordinance on the Supervision of Banking and Credit Institutions 1994

On December 29th, 1999, the Parliament of the Netherlands Antilles passed new tax legislation known as The New Fiscal Framework intended to improve the jurisdiction's image as an Offshore Financial Centre and to revitalise its financial services industry. The legislation, which came into force on 1st January 2002, removed the distinction between 'onshore' and 'offshore' companies, simplified tax rates, and introduced a withholding tax. Alongside the tax legislation, a new corporate form was introduced to allow offshore operations on a tax-exempt basis: this is the NABV (Netherlands Antilles Besloten Vennootschap), and it has supplanted the offshore NV for many purposes (see Offshore Legal and Tax Regimes and Forms of Company).

 

 

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