Empowered persons perform private legal acts
The FinBES Law indicates that exclusively the head of Finance (or his substitutes) are empowered to perform private legal acts that result from the decision to enter into (approved) financial liabilities (article 35 paragraph 1). This means that no other officer than the head Finance of a public entity (or his substitute) is empowered to legally undertake said liabilities.
Based on article 35 paragraph 4 of the FinBES Law, the Board of financial supervision is in charge of maintaining a (public) mandate register with the names and functions of the persons who are empowered. Only persons inserted in this mandate register are empowered to legally undertake said liabilities.
Twice a year the Board publishes the mandate register in the proclamation bulletin of the public entities. The current mandate register contains the following data.
- Mr. R.F. Carolina, (interim) head of Finance
- Mrs E.R. Sint Jago, acting head of Finance
- Mrs. A.A.M. Jansen, 2nd acting head of Finance
- For Sint Eustatius currently preceding supervision has been established.
- Ms. M.C. Hassell, head of Finance
- Ms. Ann D. Johnson-Hassell, acting head of Finance
Based on article 35 paragraph 5 of the FinBES Law, the Minister of Interior Affairs and Kingdom relations can designate budgets or budget segments for which no financial liabilities may be entered into prior to the approval of the Minister (preceding supervision). Based on paragraph 6 of article 35 the contents of the designated budgets or budget segments are also included in this register. The contents of the designated budgets or budget segments are as follows:
For Sint Eustatius currently preceding supervision has been established. Preceding supervision is applicable for all budget items, with the exception of:
- wages and social security expenses up to the extent of the amount budgeted for 2016 (as far as this is appropriate within the adopted remuneration decree);
- the necessary business components;
- structural (permanent) grants to the extent of the amount budgeted for 2016 (in so far the beneficiary has complied with the accountability obligation).