Collectivité responds to Councilors, clarifies Air Antilles, rejects allegations of irregularity

MARIGOT--The Collectivité of Saint Martin has taken note of the press release issued by opposition Councilors concerning Air Antilles and have proceeded to set out the facts clearly. The Collectivité stressed that the statements circulated are based on incorrect interpretations, confusion of issues, and approximations that do not reflect the legal and practical reality of the case.

1. Air Antilles fully complies with the deliberation of 20 September 2023

Contrary to the claims that have been made, the company registered on 30 October 2023 reflects in full the legal, economic, and organisational framework adopted by the Territorial Council of Saint Martin on 20 September 2023:

• The same share capital of 2,000,000 euros
• The same shareholding split between the Collectivité (60 percent) and the private shareholder (40 percent)
• The same governance bodies (President, Chief Executive Officer, Deputy Chief Executive Officer)
• The same corporate purpose
• The same rules for commitments and internal functioning

The structure validated in plenary session on 20 September 2023 and the structure registered with the Commercial Court describe the same company, in line with the clear will of the Territorial Council.

2. Technical adjustments with no impact on the substance of the project

The differences highlighted by the opposition concern, in reality, technical additions required for registration at the court registry, such as:

• The registered office address
• Identification of the depository bank
• The name of the statutory auditor
• The identity and address of directors

These elements, which were not fixed at the time of the 20 September 2023 session, do not alter the project, its financial balance, or the company’s governance. They are standard in company law practice.

In the same way, the two formal adjustments mentioned have no substantive consequence:

• The company name (“Air Antilles” rather than “New Air Antilles”), which can be changed at any time if necessary
• The nominal value of the shares (1 euro versus 10 euros), which does not affect the total capital, the contributions, or the rights of shareholders, only the number of shares in circulation

It is therefore clear that the company registered is the same entity that was approved by the Assembly.

3. No irregularity, no circumvention, no breach of the integrity of deliberations

None of the changes referred to by the opposition amounts to a substantial alteration of the project approved by the Territorial Council. As a result, there is:

• No forgery or use of forged documents
• No misappropriation of public funds
• No unlawful taking of interest
• No de facto or covert management
• No alteration of the deliberation of 20 September 2023

The suggestions that criminal offences may have been committed are without legal foundation and fall within a purely political dramatization that does not reflect the legal reality of the file.

4. No concealment in the takeover offer

The opposition refers to the presence of a private investor in the filed version of the CAIRE takeover offer. This is inaccurate.

• The involvement of a private financial partner was anticipated from the outset
• This did not change the amounts of the contributions voted, nor the position of the Collectivité
• The councillors deliberated on a takeover project whose essential parameters did not change

Here again, there is no alteration of the will expressed by the Assembly.

5. Financial decisions taken in full compliance with applicable law

The sums committed by the Collectivité have been decided in strict compliance with the legal framework governing the relations between local authorities and semi-public companies, and always on the basis of formal decisions. These include equity participation, shareholder current account advances, and the support needed to ensure continuity of the public air service.

The loan examined on 6 October 2025 complies with the procedures and powers of the Territorial Council and was adopted in session, as required by law.

6. A situation that calls for responsibility, not political escalation

The current situation of Air Antilles, which is affected by a particularly unstable regional air transport context, calls for pragmatic solutions, not a strategy of permanent political crisis.

The Collectivité acts with three clear objectives:

• Preserve continuity of air service to and from Saint Martin
• Protect local employment
• Safeguard public finances

The repeated calls by the opposition for legality review, which in any event takes place since every deliberation is systematically transmitted to the Prefect’s services, reflect a political posture rather than a concern based on concrete legal grounds.

The Collectivité of Saint Martin reiterates that:

• The semi-public company project adopted on 20 September 2023 and the company registered on 30 October 2023 describe the same entity
• No substantive element of the project has been modified
• The accusations made by the opposition have no serious legal basis

Any interested party can readily verify this by consulting the draft statutes annexed to the deliberation of 20 September 2023 and the statutes filed at the registry of the Commercial Court. In a spirit of transparency, the Collectivité of Saint Martin remains available to provide any further clarification that may be useful. It will continue, with a constant sense of responsibility, to take the necessary steps to consolidate Air Antilles and to maintain a reliable air service in the interest of the territory and its residents.

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