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The
Netherlands Antilles have a strong tradition of treating
information with the utmost confidentiality. This
tradition,, is largely based on general legal provisions,
such as Articles 285 and 286 of the Criminal Code of the
Netherlands Antilles, that impose criminal penalties on
the deliberate disclosure of secrets. Secrets are
qualified as "all the information of which the
people to whom such information has been made available
reasonably ought to have assumed such information to be
of a confidential nature". Financial information is without
any doubt within the scope of protection offered by the
above mentioned articles. Only in criminal
proceedings may a judge of a competent court in the
Netherlands Antilles order disclosure of information, if
he reasonably suspects that the particulars of the
information may prove or disprove a criminal offense
which is tried before the criminal courts. Requests by foreign
authorities for (specifically banking) information will
be refused, except when the person protected agrees to
the disclosure. Undue disclosure of
confidential data is also cause for a tort action by
means of which damages can be recovered. The National Ordinance on
the Supervision of the Banking and Credit Institutions
stipulates that each credit institution or association,
when requested, must furnish the Central Bank with all
information about its business that, in the Central
Bank's judgment, is necessary for the proper execution of
the supervision as stated in this law. If so requested,
the institutions or associations are obligated to allow
the Central Bank to verify the correctness of the
information to their books and records; during such an
investigation carried out by the Central Bank they are
obligated to assist as much as possible. However, this
law also stipulates that information and data concerning
a credit institution or association obtained in pursuance
of the law is secret and shall not be published except
after obtaining the written permission of the credit
institution or association involved. Besides the criminal
courts and the Central Bank the law also permits the
Inspector of Taxes to examine books and accounts, as well
as the underlying records and papers, of an enterprise.
This authority is stipulated in article 18 of the
National Ordinance on Profit Tax 1940 and may not be used
outside the purpose of setting tax assessments. The
inspector may designate one or more officials, as well as
experts or interpreters, to conduct such an investigation
and the place where such investigation is to be
conducted. The laws of the
Netherlands Antilles further prescribe that certain basic
information be made public (by means of a filing with the
Chamber of Commerce and Industry) as a protection of
creditors; they should be able to get a reasonable
impression of the financial health of any entity they
wish to enter into transactions with. The identity of
shareholders of a N.V. is also treated as a confidential
matter. If the N.V. keeps a shareholders' register such
register, is not publicly accessible unless certain
shares have not been paid up in full with regard to their
par value and unless the Articles of Incorporation of the
N.V. stipulate otherwise. In all other cases, no one will
have the right of access to the shareholders, including
shareholders themselves. There are court cases in support of the foregoing. |
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