Structures for doing business
The mandatory regulations with regard to legal entities under private law (such as the foundation and the (private) limited liability company) which can be used for doing business in Curacao, are contained in Book 2 of the Civil Code. The legal entities explicitly regulated are:
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Financial services
The most important objectives of the Central Bank of Curacao and St. Maarten (the “Central Bank”) are to maintain the external stability of the Netherlands Antillean Guilder (ANG) and to promote the efficient functioning of the financial system in the countries of St. Maarten and Curacao.
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Bankruptcy & moratorium
The roles of the creditor and the debtor are clearly defined in the Curacao Bankruptcy Decree 1931 (‘Bankruptcy Decree’). Any creditor is free to collect outstanding receivables without taking the claims of other creditors into account and the debtor enjoys the right to choose which debt to fulfill first, unless a creditor has been granted legal precedence.
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Employment
An employment agreement is an agreement pursuant to which a (natural) person, the employee, commits to perform work personally for and under the authority of the employer, during a certain period of time, for which the employee receives a salary.
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Immigration requirements
The National Ordinance on Admission and Expulsion (Landsverordening Toelatingen Uitzetting, LTU) addresses the terms and conditions of admission to Curacao. The LTU applies to foreign nationals and is not applicable to:
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Real estate & Construction law
When acquiring real estate property in Curacao, mandatory rules and regulations with respect to real estate, zoning, construction and the environment are to be taken into account.
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Intellectual property
On 10 October 2010, the Netherlands Antilles as a country ceased to exist and Curacao became an independent country within the Kingdom of the Netherlands. The transitional law for Curacao stipulates that from the moment Curacao became a separate country in the Kingdom of the Netherlands, the former Antillean legislation regarding intellectual property rights will continue to apply (at least for the time being).
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Shipping
The Dutch Caribbean has always played a significant role in international trade. The islands’ favorable geographic locations and reliable services in the ports attract a large number of vessels annually. The cruise tourism and presence of the oil refinery and ship repair yard in Curacao account for a steady number of vessels each year.
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Tax
Curacao is part of the Kingdom of the Netherlands. The Kingdom has a Tax Regulations for the Kingdom (Belastingregelingvoor het Koninkrijk or BKR). The main purpose of the BKR is to avoid double taxation within the Kingdom. Additionally Curacao is party to the treaty between the Kingdom of the Netherlands and the United States of America concerning the exchange of data with regard to taxation.
