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ARTICLE · 13 DECEMBER 1995

Dutch Participation Exemption to Belgian SICAV's.

NetherlandsFinance and Banking
KPMG comments on the application of the Dutch participation exemption to Belgian SICAVS

This is contribution number 27 by KPMG Meijburg & Co regarding the application of the Dutch participation exemption to Belgian SICAV's

On October 25, 1995, the Undersecretary of Finance made a statement about the application of the participation exemption to Belgian SICAV's.

The Belgian SICAV is a passive investment vehicle.

According to the Undersecretary of Finance's opinion, shares in an entity which solely invests ex officio are held as a portfolio investment. Under the normal (national) provisions such a shareholding does not qualify for the participation exemption.

However, the non-portfolio requirement in Netherlands law had to be revoked as a result of the Directive. This abolition of restrictive requirements was limited to a bare minimum (i.e. virtually all restrictive requirements allowed by the Directive were revoked) and only applies in the following circumstances:

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