In connection with the implementation of Book 2 of the Netherlands Antilles Civil Code 2009, regulating the Commercial Register Ordinance, and published in the Official Gazette/ Journal A° 2009 – No. 51.
The St Maarten Chamber herewith makes it know that, as per Article 19 of the above mentioned Ordinance. All companies, legal entities and branches established on St Maarten is obliged to include its Chamber Registration Number on all orders, invoices, offers, quotations being sent out by the company, legal entity or branch establishment.
The law further states that failure to comply with the above mentioned ordinance is punishable by law with fines up to Naf 50.000.
The Chamber hereby makes it known that all companies, legal entities and branches established on St Maarten must comply with this ordinance by March 31, 2014.
The Chamber will continue to notifying to public through press releases and public notices throughout the remainder of this year and the first quarter of 2014.
St Maarten Chamber of Commerce and Industry
Excerpt f the Law regulating the Trade Registry
OFFICIAL GAZETTE
NATIONAL ORDINANCE of September 9, 2009 stipulating new provisions with regards to the Trade Register (Trade Register Regulation)
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IN THE NAME OF THE QUEEN!
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THE GOVERNOR GENERAL of the Netherlands Antilles,
Having taken into consideration:
That with regards to the implementation of Book 2 of the Civil Code, it is advisable to replace the current Trade Register Regulation (P.B. 1944, No. 203) and establish a new Trade Register Regulation;
Having heard the Advisory Council, in consultation with the Parliament of the Netherlands Antilles, has decreed the national ordinance below:….
Article 19
The person required to give a statement for the registration of a company, legal entity or branch in the trade register, with the exception of the notary in whose presence the memorandum of incorporation of the legal entity was passed, shall ensure that on all outgoing letters, orders, invoices and quotes from the company, legal entity or branch, it is indicated under which number the company, legal entity or branch is registered in the trade register.
Article 20
Everything concerning the establishment and the monitoring of the trade register, the statements for the registration itself, the deletion, the addition and the alteration of any entries, the accessibility to the trade register and the issuance of copies of and extracts from the entries and from whatever is further required for the implementation of this national ordinance, insofar this is not laid down in this national ordinance, shall be regulated under the regulations laid down in the national decree.
Penalty Regulations
Article 21
1. Anyone who deliberately gives an incorrect or incomplete statement for the purposes of registration in the trade register, shall be penalized with a fine not exceeding NAF. 50.000,-.
2. Anyone who is legally required to give a statement for the purposes of registration in the trade register, and who is to be blamed that such statement given by him or by someone else is incorrect or incomplete, shall be penalized with a fine not exceeding NAF. 20.000,-.
3. Anyone who does not comply with his legal obligation to give statements for the purposes of registration in the trade register, shall be punished with a fine up to NAF. 50.000,-.
4. Anyone who does not comply with his legal obligation to indicate the number under which the company, legal entity or branch is registered in the trade register on all outgoing letters, orders, invoices and quotes of the company, legal entity or branch, shall be punished with a fine of no more than NAF. 50.000,-. 51 – 9 –
3. The facts punishable under the first, third and fourth paragraph, are crimes. The fact, punishable under paragraph two, is a violation.
This National Ordinance may be cited as: Trade Register Ordinance.
Issued in Willemstad, September 9, 2009
F.M. D.L.S. GOEDGEDRAG
The Minister of Justice,
M.M. JACOBA