With the ever-growing amount of legislation and regulation, businesses face increasing legal, financial, compliance and governance-related risks. Even to the degree of personal liability of its officers and corporate bodies. Managers, supervisory directors, and shareholders are increasingly being held liable for their own conduct as well as conduct of others including the company. It becomes more and more important to understand legal context and stakeholder expectations. In addition, jurisdictions such as Curaçao have implemented substance requirements to keep in line with generally accepted tax practices including required standards of the OECD. Such substance requirements require, inter alia, that the company has directors that have the necessary professional knowledge, dependent on the nature and significance of the activities of the company, to properly perform their duties for the company. These duties consist, for example, of making decisions related to the transactions entered into by the company and adequate execution of these transactions. These substance requirements can also be fulfilled by hiring local professional service providers, supplemented with specific expertise that is present within the company (or group).
The BBV Corporate Advisory team is composed of advisors with significant experience working with managers, supervisory directors, and shareholders on corporate matters. They are dedicated to providing boardroom advice to help clients achieve their business and personal goals, by assisting in balancing corporate and family/owner objectives, and providing guidance and thoughtful, independent counsel throughout, for instance, a financing or M&A transaction process. In addition, they help clients to forecast how changing perceptions of business norms and best practices can affect future risk, and to mitigate corporate and personal liabilities.