Anticipating the NRA in Q-4 2019

Terzol Vastgoed NV is organizing a series of “Terzol Power Dinners,” each time inviting a certain exclusive company.
The guest speakers include Drs.
Winston Wilson, who has a degree in Public Administration from the Erasmus University of Rotterdam, has extensive (inter)national experience with large-scale Public and Private Transition Projects (s.a. in the public sector, the gold sector and the banking industry) and Mr..
Anneke Chin A Lin, Candidate Notary, who after her Law studies in Suriname, continued her studies in Notarial Law in the Netherlands.
She has published several articles in the legal profession journal and specializes in real estate issues.
The purpose of this Terzol Power Dinner is to create awareness in dialogue with stakeholders, on the recommendations of the Caribbean Financiel Action Task Force (CFATF), in the interest of business and the country, so that we can be better prepared and anticipate the National Risk Assessment (NRA) in Q-4 2019 and the CFATF 4th Round of Anti Money Laundering and Combating Financing of Terrorism (AML/CFT) Mutual Evaluation in Q-4 2020.
Indeed, in addition to brokers, accountants, administrative offices, notaries, lawyers, motor vehicle dealers and gold dealers have also been identified as being non-financial service providers, which can expect random audits.
For these organizations, failure to comply means a fine of max.
SRD 1,000,000 per violation and for Suriname, non-compliance means that it may lead to Blacklisting by the FATF resulting in; failure of potential international investors, financial economic isolation and difficult entry into international financial markets.

Do land leases and ownership parcels have the same value?

Another objective is also to provide transparency in the valuation of land and the associated risks for the financial service providers who have lent money.
According to Joel Terzol, CEO Terzol Vastgoed NV, land lease parcels with the title building and occupancy, are valued by appraisers but also by financial service providers as being equal to ownership parcels.
Especially if these plots meet the zoning requirement.
This is not at all strange, especially when our clapper value does not distinguish between ownership and domain land.
Some streets and main roads have parcels titled ownership, while those of neighbors are ground leases.
So do the parcels have the same value per square foot?

Ground rent

The land lease right is a right in rem to have the free enjoyment of a piece of domain land, under the obligation to use these lands in accordance with the destination given to it by the state at the time of issuance and to comply with provisions.
This right is issued for a minimum of 10 years and a maximum of 40 years.
The State is and remains the owner of this land.
From this we can deduce that ground lease has a limited duration, and that there are obligations that you must meet in order to retain this right in rem.
Otherwise, there is always a risk that the right will fall back into the bosom of the state.
Expropriation is a real risk at all times.
The trading of land lease also carries risks for the investor and or interested party.
Before the right can be transferred, government approval is required.
A procedure that in practice depending in which district the plot is located, can take 6 months or longer.
An ownership plot does not have this procedure.

Property

Property is the right to have free enjoyment of a thing and to dispose of it in the fullest manner, provided that one does not make use of it in contravention of the laws put thereon by such power, which, according to the Suriname Constitution Act, has the authority to do so, and provided that one does not interfere with the rights of another.
(Source: gov.sr, Various Titles of Land)
With ownership, you yourself are the owner and not the government.
Ownership is the most comprehensive right to a property with minimal risk of expropriation.
However, what many owners do not know or realize is that property can also be expropriated.
However, expropriation can only be done in the public interest, according to the rules in the law, and against pre-insured compensation.
Each land title has its particular conditions and provisions.
It can therefore be said that when valuing these lands, a different formula must underlie each title.
One cannot, for illustration purposes, simply use the clapper value issued in 2011.
First of all, it is dated and should be seen to support the notary and the MI-GLIS, but should never be leading when valuing land.
The last Terzol Power Dinner on April 5 hosted financial service providers such as banks, insurers and pension funds, who were able to exchange thoughts and insights on these very topical topics together with the guest speakers during the dinner.
On May 9, 2019, Terzol Vastgoed NV will organize the third Terzol Power Dinner, to which the Surinamese certified appraisers and brokers are invited.
Email [email protected].

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