FAQ ANNUAL FEES AND OTHER SERVICES PAYMENT
F1. How can I pay the annual fees and other services of Aruba Chamber?
The payment of the annual contribution 2020 should preferably be made within 30 days after the date issued, but no later than March 15, 2020. Options for payment of your invoice are:
1. Per online payment via your already created MyChamber portal with your credit card, or a credit card debit (f.i. a Mastercard Debit).
2. Via deposit / transfer to the following account numbers:
- Aruba Bank NV: 112.354.6 (SWIFT code ARUBAWAX);
- Banco di Caribe NV: 814771.01 (SWIFT code BDCCANCU);
- CMB NV: 61179906 (SWIFT code CMBAAWAX);
- RBC Bank NV: 7700000090061769 (SWIFT code RBTTAWAW).
When paying, please state the dossier-number (kvk-number) and (trade)name.
3. You can pay at the reception of the Chamber, with cash, credit card or debit card.
Option 1 is the fastest and easiest method to complete your payment. The Chamber encourages this method which is accessible via MyChamber. For international transfers, you need to add the SWIFT code of the bank of your choice. Note that bank checks are no longer accepted as means of payment at the Aruba Chamber of Commerce.
Please check your details for correctness and completeness via www.arubachamber.com/registers and in the case of corrections / changes, please submit these through your MyChamber portal. From now on invoices will not be sent by mail but you will receive them via your MyChamber
We kindly remind you that the Chamber will not be able to provide you with a copy of an extract of a company with unpaid annual fees after March 15, 2020.
FAQ My Chamber
M1. How do I create a My Chamber account?
- Go to My Chamber on our website, www.arubachamber.com
- Click “Registreer/ Register” and fill the required information
- Login to your preferred email provider
- Click on “Click hier om te activeren/ Click here to activate” link in email from KvK Aruba (if you did not receive an email try clicking on “Wachtwoord vergeten?/ Forget Password?” on the My Chamber page)
- Log into My Chamber
Please view this video on how to create an account
M2. How do I log into My Chamber account?
- Go to My Chamber on our website, www.arubachamber.com
- Enter your email address
- Enter your password
- Click on login
- In case you have forgotten your password, you can use the “Wachtwoord vergeten?/ Forgot password?” button and follow the instructions
M3. I don't see my business under My Businesses tab or there are 0 businesses on my account.
If you don’t see your businesses it means your account is not yet linked to your business.
Send the attached form completed and signed + a copy of ID of the director/president so that we can verify that we are linking the correct person/e-mail address to the business to: firstname.lastname@example.org. Then we can correctly add your information to the system. This form can only be signed by the authorized person (director of the company). You may add all your companies on the same form.
This process enables you to do changes on the business, pay annual fees and buy extract online.
M4. Where are the online forms for registering a new business or making amendments?
The former forms are no longer in use. We now have a digital platform ‘My Chamber’. Please log in to your My Chamber account to conduct the desired registration/amendment.
- To register a new business click on “Nieuw bedrijf inschrijven/ Register a new business” and fill out the required information, upload the required documents and digitally sign the forms though the email received from CM Sign.
- To change company information click on “Wijziging/ Amendments”, choose the type of amendment you wish to conduct from the menu and fill out the required information, upload the required documents and digitally sign the forms though the email received from CM Sign.
- To close a business click on “Bedrijf sluiten/ close business” under “Mijn Bedrijven/ My Business” and fill out the required information, upload the required documents and digitally sign the forms though the email received from CM Sign.
M5. How do I pay the annual contribution from My Chamber account?
Paying annual contribution
1. Log into your My Chamber account
2. Click on “Administratie/Administration”
3. Click the “Betaal Direct/Pay now” button on the invoice you wish to pay and fill in the required credit card or Mastercard debit information.
Take note that the amount is only payable in dollars so the total amount will be converted to dollars and extra charges may apply for dollar transactions from your bank.
M6. How do I buy products on My Chamber account?
Buying a product
- Log into your My Chamber account
- In your Dashboard click on “Handelsregister bekijken/ Trade Registry”
- Here you can type in the name of the company
- Clock on the desired company
- On the right you will see all available products to buy for this company
- Select language and click on “winkelmand/ shopping cart”
- Click on the “winkelmand/ shopping cart”
- In the field of “naam op factuur” you can put the buyer name and it will appear on the receipt
- Click on “Betaal direct” and follow payment instruction
M7. Why do I keep getting a blank page when logged into My Chamber?
The most common problem is the Internet Browser that you are using.
My Chamber works best using these internet browsers:
|Internet Browser||Optimal version|
|Google Chrome||Version 87.0.4280.88|
|Microsoft Edge||Version 87.0.664.66|
|Internet Explorer||Version 11.0.195|
If you are using one of the above browser and still encounter login issues contact our IT support department at: email@example.com or 5821566 ext 31/41. Please send a screenshot in order for us to have a better view on the problem.
FAQ FOR SERVICES OF ARUBA CHAMBER
A1. Do I need to register at the Aruba Chamber?
According to the Trade Registry Ordinance, art. 1, it is mandatory that all commercial activities are registered in the Trade Registry at the Aruba Chamber. According to art. 4, businesses are to be registered no later than one week after the commercial activities have initiated.
A2. Does the Aruba Chamber issue business licenses?
The Aruba Chamber does not issue any licenses. Business licenses are issued by the Aruban Government, through the Department of Economic Affairs. The Aruba Chamber is heard in the process, as indicated under article 8 VvB, and as such will provide an advice to the Department of Economic Affairs, based on its Guidelines to the Business Establishment Ordinance to grant, refuse and withdrawal of licenses. All legal entities need a business license before commercial activities can start. According to art. 2 of the Business Establishment Ordinance, legal entities cannot change their activities or address without prior authorization of the Minister of Economic Affairs. All Legal entities have to apply for a license upon business establishment, when changing address and business activities. For more information on the business license click here.
A3. Do I have to pay to register my business?
All businesses have to pay a registration fee upon registration in the Trade Registry which depends on the total invested capital. In the following years, the business has to pay a yearly contribution which is based on investment as appearing in the Aruba Chamber’s records on January 1st of that year.
A4. What services do I get for the yearly contribution that I pay?
According to the Trade Registry Ordinance, the obligation to pay is linked to the fact that the company is registered in the Trade Registry. Besides administering and maintaining the Trade Registry, the Aruba Chamber offers additional services; such as free personal information sessions, regular lectures either free or for a minimal fee, a free quarterly newsletter, informative e-mails, trade missions, expos, access to trade registry information, a highly informative and dynamic website. Entrepreneurs can also obtain other economic or business information on Aruba.
A5. What are the Aruba Chamber's business hours?
Monday through Friday:
- General 8.00 a.m. – 12 p.m. – 1 p.m. – 4.30 p.m. AST
- Cashier 8.00 a.m. – 12 p.m. – 1 p.m. – 4.15 p.m. AST
A6. How do I order a business extract, how long does it take and what are the costs involved?
Business extracts are ordered online, click here. After the Aruba Chamber has received your request, the extract will be prepared and we will contact you when it is ready for pickup through your MyChamber account. This is usually possible within 24 hours after we have received your request. Please keep into consideration that for information you requested regarding “change in board members (joining or retiring)” or “adaptation in historical extract” it will take up to 48 hours to be processed. Should there be any reason for a longer duration of processing of your request, other than as stipulated above, we will inform you accordingly.
Once the information is processed, the information will be available in your inbox through your MyChamber account. The Chamber no longer sends the extracts to personal e-mail addresses or hard copies per mail.
Important notice: If you wish to obtain a copy of your extract from the KvK, this can be purchased at the counter of KvK. Extra charges may be applied for printing.
A7. How can I find out the correct name of a company/organization?
Many corporations have a statutory name and a different trade name. It will be useful to know at least one when looking to find a company in the Registry, whether at the Aruba Chamber or online via our website: https://my.arubachamber.com/register/zoeken. If after browsing the Registry you are still unable to locate the company, it is best to contact the company directly and ask for the company name or their KvK number. Identification of a company is impeded when the company in question uses a different spelling or has not filed the new trade name in the Trade Registry yet.
A8. How can I find out if I have any outstanding dues at the Aruba Chamber?
Please log into your account to view your payment history and possible outstanding dues. For more information please contact the Aruba Chamber, at 582-1566, ext. 21 or send an email to firstname.lastname@example.org. If you have outstanding dues you will not be able to request any service from the Aruba Chamber until the balance has been cleared.
A9. What are the Aruba Chamber's bank account numbers?
You can review them at the bottom of each page of the website. For international transfers, you need to add the SWIFT code of the bank of your choice: Aruba Bank – ARUBAWAX, Banco di Caribe – BDCCANCU, CMB – CMBAAWAX, RBTT – RBTTAWAW. Bank checks are not accepted at the Chamber of Commerce. At the counter you can pay with cash, creditcard or debitcard. Furthermore, you can also pay online.
A10. How can I get technical support in regards of my log in for my account?
You can contact the ICT department at email@example.com for technical assistance.
FAQ FOR REGISTRATION OF BUSINESS
B1. What types of business entities are recognized by Aruban law?
Some of the most common business entities or legal forms in Aruba are:
This is a business entity with a sole owner. The owner is personally liable; there is no distinction between personal and business assets, which means all the assets of the owner can be taken to settle debts should the business become insolvent.
Commercial/limited partnerships (VOF & CV)
A business partnership between two or more people based on a mutual agreement. The partnership is viewed as being one and the same as its owners’ liability is personal, which means all the assets of the partners can be taken to settle debts should the partnership become insolvent.
This is a corporation with limited liability. At least two incorporators are required to establish the legal entity NV. The authorized share capital must be at least 50.000 florins. Participation of the founders must be at least 20% hereof, and thus the minimum issued share capital is fixed at 10.000 florins. The NV is incorporated by a public notary through a deed of incorporation. After that, the NV needs to apply for a business license in order to be able to conduct business.
This is a Limited Liability Company with at least one incorporator and no minimum requirements regarding funding capital. The VBA is incorporated by a public notary through a deed of incorporation, after which the legal entity needs to apply for a business license in order to be able to conduct business. When the VBA does not have at least one local resident as managing director, the legal representative becomes imperative.
For more information on other legal forms please contact us directly.
B2. How do I know which business entity will fit my needs best?
Generally, entrepreneurs choose a sole proprietorship or limited partnership when initiating a small-sized and/or low-risk venture. For capital intensive or high-risk ventures a corporation, NV or VBA is usually the preferred choice. Depending on the individual situation entrepreneurs choose the business entity that matches their personal needs best. When in doubt, contact the Aruba Chamber for more information. Book an appointment with one of our Business Info & Support officers for an information session. (Follow this link)
B3. How do I register a business?
Business registration depends on various factors, such as what type of business is being registered and who is/are registering the business. You can make an appointment via our website to register a company. Our BIS Officer will gladly assist you further. Furthermore, it is important to know that you can register a business when you have an active “Mijn KvK” account. To find out how to establish the legal form of your choice (follow this link).
B4. As a non-Aruban, can I establish a company in Aruba?
Non-Arubans usually need a local partner who owns 60% of the shares to start a business in Aruba, some exceptions are applicable. Aruban, in this case, means someone born in Aruba with the Dutch nationality or someone who is considered local. People who are considered local in this case mean:
- a Dutch national, born outside Aruba but who has been residing at least five years in Aruba and is in the possession of an “admission permit for an indefinite period of time” or “a statement of admission by Rechtswege”;
- a Dutch national of whom at least one parent was born in Aruba, no matter how long he/she has been residing in Aruba;
- a Dutch national who has been married to an Aruban for at least one year and has been residing in Aruba for at least three years;
- a Dutch national who is married to an Aruban for at least three years and has been residing in Aruba for at least one year;
- a local person can also be someone, not born in Aruba and not having the Dutch nationality but who has been residing in Aruba for ten years or more, and is in the possession of an admission “admission permit for an indefinite period of time”or “a statement of admission by operation of the law”(van rechtswege);
- or someone not born in Aruba and not having the Dutch nationality but who has been married to an Aruban for at least five years and has been residing in Aruba for at least three years.
For more information, follow this link: https://www.deaci.aw/wp-content/uploads/2019/01/Guidelines-VVB.pdf
B5. Why is it important to write my address correctly? What is the official and correct way to write my address and other related details?
To maintain a high level of data integrity it is important that all the information is entered correctly. This is also the case for residential and company address details. Abbreviations or any alteration to the official way of spelling address names will create inconsistencies and this information will not be processed in the system. Please refer to this link where you can browse and find the correct way to write street names and other related information according to official rules as indicated by the CBS and GAC guidelines.
FAQ FOR ADAPTATIONS TO REGISTRATION
R1. How do I establish a subsidiary?
Registration of subsidiaries and branches is mandatory. To register a subsidiary please log into your account and follow the steps for registration of a foreign branch. Necessary documents are the head quarters deed of incorporation, its articles of incorporation, original extract of registration.. After registration at the Aruba Chamber is completed, it is required to apply for a subsidiary license at the Department of Economic Affairs. Subsidiaries of foreign legal entities are to be registered as a new business in Aruba, and will require a local partner owning 60% of the shares in order to be granted the business license.
R2. What if I would like to make changes or add more activities to my business in the future?
To make changes you will need to log into your account first. To make the necessary changes to your information of your company or foundation select the proper digital form. It is possible to add more activities to your business, but the procedure depends on the type of business being registered. In case the modifications made are for a sole proprietorship or partnership, the owner or proxy can make the necessary adaptations by filling out the proper digital form on ‘MijnKvK’.
If you require a business license before starting the business you need to update the license at the Department of Economic Affairs first. Valid identification (such as a passport or cedula) is always required and these documents must be available in digital format at all time when performing an online registration, change or when liquidating a business or foundation. In case it concerns address change, a document that verifies the new address should be submitted as well.
R3. What to do when I want to discontinue my business?
The procedure for closing a business depends on the type of business. For sole proprietorships and partnerships, the owner can make the cancellations through his MijnKvK account, accompanied by submitting a copy of a valid id. Outstanding amounts should be paid before cancellation of the company can be processed.
Discontinuation or Dissolution of a legal entity (corporation)
Discontinuation of a legal entity
When a legal entity stops operating, the company can be cancelled (put on ‘dormant’), but the legal entity will keep existing with an ‘active/active without company’ status in the Trade Registry. The company will need to comply with the yearly contribution as well as other company responsibilities, such as submission of tax declaration at the tax office, filing of the annual financial statement at the Chamber, and so on, until the legal entity is completely dissolved (liquidated).
To cancel the company (dormant status), please log into your MijnKvK account and click on the company you wish to cancel on the ‘My businesses’ tab. Click on ‘close business’ and then on ‘termination’ follow the steps/fill out the required information. A copy of a valid id of the director needs to be uploaded to the platform and the form should be digitally signed by the authorized person (director).
The cancellation process will take op to 24 hours to be completed. Please note that all outstanding fees must be paid in order to process the cancellation.
Dissolution of a corporation (Code of commerce art. 141-155)
A legal entity is dissolved when the specific activities for which the corporation was undertaken are terminated, or expiration of the date mentioned in its articles of incorporation; when the decision to liquidate was taken in its General Meeting of Shareholders or when a corporation is dissolved by Court order.
In addition to informing the Aruba Chamber of the decision to dissolve the corporation or former legal entity (such as a foundation or association), it should also make its dissolution public by announcing it in the Official Gazette (Landscourant) of Aruba and in one locally distributed newspaper. After the dissolution, the corporation will continue to exist until all her affairs are settled. In which case, the words “in liquidation” will appear as the corporation’s status in the Trade Registry.
The board of directors will follow the steps stated in the deed of incorporation and its articles and/or according to decisions taken during the General Shareholders Meeting. A liquidator needs to be appointed (someone who will take care of the liquidation process).The liquidator(s) determine the criteria concerning the nomination, suspension, dismissal, authority, obligations and responsibilities of the board of directors.
If the corporation has settled all its outstanding debts to its creditors and it still has assets available, the liquidator will distribute what is left amongst shareholders and other rightful claimants according to what they are entitled to. Distribution of these benefits is not allowed until at least two months have passed since the liquidator has published the decision to distribute the assets and the conditions involved in the Official Gazette (Landscourant) of Aruba and after the liquidator has informed the Aruba Chamber. This is done by means of a letter addressed to the Department of Legislation and Legal Affairs (DWJZ) in Schotlandstraat 53 (between EZ Brothers & Banjolux). Three months after the date of publication in the National Gazette of Aruba, a declaration of liquidation can be requested at the Chamber. This declaration needs to be submitted to DWJZ to announce that the liquidation has been completed. The liquidator must also inform the corporation’s (head) office in case it still exists. Within this period of time, all stakeholders have the authority to oppose this decision by contacting the corporation’s office (if still in existence) or the liquidator’s office.
Afterward, the Court of First Instance will, on request of the liquidator or beneficiaries, authorize the liquidator to pay out the benefits and will also provide a decision concerning petitioners who opposed the decision to pay out benefits. The petitioner has three weeks to appeal the court’s decision.
After the claim settlement, the corporation will still keep its books for 30 years, it will be kept by the person appointed in its deed of incorporation as its custodian or by the one appointed by the General Shareholders Meeting. If no one is appointed as a custodian, beneficiaries have the right to request the Court of First Instance to appoint one. The custodian is to be registered in the Trade Registry at the Aruba Chamber by submitting the information by logging in to your account. Shareholders of the dissolved corporation may ask the Court of First Instance to authorize them for inspection of the books provided that they can justify that they have reasonable motive to do so.
To liquidate (dissolve) the company, please log into your account and click on the company you wish to liquidate on the ‘My businesses’ tab. Click on ‘close business’ and the on ‘liquidation’ follow the steps/fill out the required information. The following documents need to be uploaded:
- a copy of a valid id of the director;
- minutes of the shareholder’s meeting signed by all shareholders
- shareholder’s register up-to-date
The form should be digitally signed by the authorized person(s) (director(s)).
The liquidation process will take op to 24 hours to be completed. Please note that all outstanding fees must be paid in order to process the liquidation.
R4. Can the Aruba Chamber dissolve a corporation?
According to the Code of Commerce, art. 155qqbis & 155qqter, the Aruba Chamber can request the Court of First Instance to dissolve a corporation when:
the corporation has not paid the amount outstanding regarding its annual contribution, either for itself or for an enterprise of which it is a proprietor, while, despite reminders by the Aruba Chamber, a period of minimum one year has elapsed since the amount became due. Or when the corporation has no managing director(s) registered at the Trade Register for at least one year, and no filings have been made during this period; or the corporation has (a) managing director(s), but the managing director(s) is (are) deceased; or, no communication with the managing director(s) has been possible for a period of at least a year at the business’ address or the managing director’s home address, as appearing in the Trade Registry. And last, the corporation has no legal representative(s) registered for at least one year, and no filings have been made during this period, while according to art. 20 VBA Ordinance and art. 155a, par. 6 Code of Commerce, the corporation is legally required to appoint a legal representative.
R5. What is a reclassification of the invested capital?
According to article 15, paragraph 4 and 5 of the Trade Registry Ordinance, the Aruba Chamber is authorized to move a registered business to a higher capital scale when there is reasonable doubt that the indicated investment amount is not correct, or when the invested capital has not been filed. If there is no consensus on the level of the invested capital, the Trade Registry can request proper proof of this.
Periodically exercises of reclassification are undertaken by the Aruba Chamber. The right of companies to object to an Aruba Chamber’s decision to reclassify is subject to the stipulations according to the Ordinance on Administrative Justice (LAR).
FAQ FOR PERMITS
P1. When do I need a business license?
All legal entities require a business license to be able to conduct a business in Aruba. Individuals born in Aruba with the Dutch nationality, and naturalized individuals on Aruba who register a sole proprietorship or a VOF, do not require a business license.
P2. When do I need a director's license?
Managing directors who are born in Aruba and have the Dutch nationality and naturalized individuals on Aruba do not require a director’s license. All other cases require a director’s license.
P3. After applying for a business or director's license, how do I keep track of the proceeding of the license application?
The Department of Economic Affairs can keep you updated of the proceeding in the license application process. The Aruba Chamber can only inform you if the business license request has been sent to the Aruba Chamber for advice and when it was (or will be) sent back to the Department of Economic Affairs. Whether the license will be granted or not, is decided by the Department of Economic Affairs.
FAQ FOR TERMS AND OTHER
O1. What is a managing director?
A managing director is an individual or legal entity who is appointed by the General Shareholders Meeting to act on behalf of a registered corporation. All company directors are to be registered in the Trade Registry at the Aruba Chamber and all NVs, VBAs and AVVs must have at least one local managing director. The authority of the managing director is established in the articles of incorporation.
O2. What are the managing director's responsibilities?
The managing director defines business policy and implements the management of the company on a daily basis. This authorization and its limitations are stated in the articles of incorporation. The managing director is also responsible for ensuring the success of the enterprise and in areas such as tax law; the managing director is personally liable for the company complying with the legal requirements.
O3. What is a proxy?
This is a person who is authorized, without being a managing director, business owner or partner to act on behalf of someone else or a legal entity. The proxy is authorised by the managing director to conclude certain agreements on his behalf. The powers of these proxies are often limited to work area, amount or otherwise limited. The authority and the possible limitations hereof, are granted by the director or business owner and are registered at the Aruba Chamber of Commerce.
O4. What is a legal representative (wettelijke vertegenwoordiger)?
As stipulated by Aruban law a legal representative is a NV, established according to local law and located in Aruba that has as its object to represent AVVs and VBAs and is in the possession of the applicable license from the Central Bank of Aruba.
O5. Where do I find a local partner?
There is no official database or registry to find a local partner. Lawyer or notaries can be of assistance in finding a local partner.
O6. What are my responsibilities as a business owner?
Sole proprietorship holders and partnerships are personally liable for all the company’s actions, legally and fiscally. A company’s director of a VBA, NV or AVV is responsible for the daily operations and the financial obligations, including taxes, of a company. He or she is also legally required to file financial statements at the Aruba Chamber within 8 months after the financial year is completed. In addition to the financial statements, a copy of the shareholders’ register has to be filed as well. For more information read the brochure Rights and Obligations of company and foundation.