NETHERLANDS CARIBBEAN BANKS AND REGULATORY ISSUES

November 30, 2009 5:55 AM

A bank has less freedom than an ordinary legal entity

What would be the requirements, from a regulatory point of view, if a Netherlands Antilles bank wished to sell its entire business or a substantial part thereof? Would it require approval from the Netherlands Antilles Central Bank (de ‘Bank van de Nederlandse Antillen’)?

Generally, if the activity at a bank is characterized as some form of financial reorganization, for example, the prior approval of the Central Bank is required. The bank is also obliged to immediately inform the Central Bank in writing of any resolution for complete or partial liquidation or for the dissolution or sale, directly or indirectly, of its enterprise in the Netherlands Antilles, and to implement such a resolution under the supervision of, and in accordance with the instructions, of the Central Bank. This provision would apply, for example, if a bank were to sell its entire client base.

If a bank no longer carries on its business its license will be revoked and the bank will subsequently be liquidated in accordance with the guidelines and instructions of the Netherlands Antilles Central Bank.

Karel Frielink
Attorney (Lawyer) / Partner

30 November, 2009