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  1. Mergers
    1. As yet there are no statutory provisions in the Netherlands Antilles which permit a merger. An effect similar to merger can be achieved by having the surviving company acquire the shares of the non-surviving company and liquidate such company upon which the assets thereof will eventually be distributed to the surviving company - after the creditors have been satisfied.
  2. Sale of Control
    1. In the Netherlands Antilles there are no statutory requirements preventing the sale of one or all of the shares issued and outstanding or requiring any form of governmental authority license or registration in connection therewith.
  3. Target of a Hostile Takeover
    1. There are methods for a NV to defend itself against a hostile takeover.
      1. The NV can issue non-voting shares (please note that at least 20% of the authorized capital of the NV must be issued in the form of voting shares).
      2. The NV can issue its (voting) registered shares to a foundation (Netherlands Antilles or Dutch) which in turn issues depository receipts to investors for an amount equal to the issue price. The depository receipts have the same rights as do the shares against which they have been issued with the exception of the voting rights. Such voting rights remain with the foundation which is controlled by the NV. (To give an example, such a structure was set up by Philips N.V. in the Netherlands.)
      3. In the event of a threatened hostile takeover NV could issue additional shares to a friendly party, who could pay up such shares at the required minimum capital contribution of 10% of the par value. The downside of this last option is that the friendly shareholders can be obliged to pay the remaining 90% of the par value on demand.
      4. Recently, legislation was effected wherein companies treated publicly on certain stock exchanges are granted protection from hostile take-over bids.