International Law
Karel's Legal Blog 
Attorney / Lawyer Karel Frielink discusses legal issues relating to Aruba and the Netherlands Antilles (Curacao, Bonaire, St. Maarten, Saba and St. Eustatia).
Post Frequency: 0.7/day Last Entry: November 21, 2009 at 00:00:42 Recent Entries: 224
By Karel Frielink
Go to Karel's Legal Blog, find other International Law blogs, or browse all law blogs.
Search
Posts
THE DUTCH CARIBBEAN AND ITS CIVIL LAW SYSTEM
Posted on November 21, 2009Abstract rules are the starting point The Netherlands Antilles are an autonomous part of the Kingdom of the Netherlands. The Kingdom of the Netherlands is composed of three parts: the Kingdom in Europe (popularly known as Holland, north of Belgium and west of Germany), the Netherlands Antilles (in the Caribbean Sea, north of Venezuela), and Aruba (also [...
THE ARTICLES OF ASSOCIATION OF A DUTCH CARIBBEAN LEGAL ENTITY (III)
Posted on November 14, 2009Case law the principle of good faith A legal entity and all involved in its organization have a legal duty to behave towards each in accordance with the principles of reasonableness and fairness, i.e. (objective) good faith. A provision or requirement contained in a legal entity?s articles of association or by-laws, may be set aside by [...
THE ARTICLES OF ASSOCIATION OF A DUTCH CARIBBEAN LEGAL ENTITY (II)
Posted on November 07, 2009Limitations on the applicability of provisions As a general matter of Netherlands Antilles law, the interpretation of terms contained in legal documents, such as the articles of association and the by-laws, however only to a certain extent, inter alia subject to the intention of the parties, and the enforcement thereof, is subject to the overriding principle [...
THE ARTICLES OF ASSOCIATION OF A DUTCH CARIBBEAN LEGAL ENTITY (I)
Posted on October 31, 2009Ranging from basic to extremely complex Under the laws of the Netherlands Antilles, public and private limited liability companies (NVs or BVs), foundations, co-operatives, mutual insurance societies and associations are considered legal entities. The articles of incorporation (a...
AMSTERDAM COURT OF APPEAL ON LIABILITY OF TRUST DIRECTORS
Posted on October 29, 2009Trust directors not treated differently from regular directors The board of directors of an NV or BV may contractually agree to a limitation of its powers to manage the company. Such arrangements are typical for trust offices engaged by a foreign ultimate beneficiary to render services to ?his? company, i...
CARIBBEAN KIDS NEWS
Posted on October 26, 2009The Dutch Antillean ‘Jeugdjournaal’ The Curacao-based Foundation Youth Into Media (Stichting Youth Into Media; S-8939) is responsible for the sustainable development of a youth news program - Caribbean Kids News - on television and the internet for the Netherlands Antilles and Aruba...
BREACH OF CONTRACT IN THE DUTCH ANTILLES (V)
Posted on October 24, 2009Restrictions on termination With regards to damages, the aim thereof is generally to restore the creditor to the position he would have been in had the contract been fulfilled. In case of breach of contract, the damages will usually be assessed by considering the situation the creditor would be in if restored to the position he [...
BREACH OF CONTRACT IN THE DUTCH ANTILLES (IV)
Posted on October 17, 2009Non-performance as a response to non-performance Whenever a party to a contract is faced with non?performance by the other party, the party?s first reaction might well be to suspend its part of the contract. In the legal sense of the word, suspending or withholding performance may be described as both a defense and a self help [...
EUROPEAN COURT OF JUSTICE: NO GENERAL PRINCIPLE RE PROTECTION OF MINORITY SHAREHOLDERS
Posted on October 15, 2009Case C-101/08 - Audiolux SA and Others v Groupe Bruxelles Lambert SA (GBL) and Others, and Bertelsmann AG and Others According to the European Court of Justice, in its decision of 15 October 2009, community law does not include any general principle of law under which minority shareholders are protected by an obligation on the dominant [...
BREACH OF CONTRACT IN THE DUTCH ANTILLES (III)
Posted on October 10, 2009Different cases of breach of contract Any question of breach starts with an inquiry into the type of obligation at hand. It is necessary to know more about the type of obligation at hand in order to determine whether a party has failed to perform that obligation...
LECTURE ON GOOD CORPORATE GOVERNANCE
Posted on October 05, 2009BZSE law office on Sint Maarten celebrates merger On October 2, 2009 BZSE law firm (BergmanZwanikkenSnowEssed) celebrated the merger of Bergman and ZwanikkenSnowEssed law offices and the official opening of their new offices in Belair with a lecture on good corporate governance...
BREACH OF CONTRACT IN THE DUTCH ANTILLES (II)
Posted on October 03, 2009Entitlement to specific performance Under the Netherlands Antilles Civil Code the demand for specific performance is not a remedy for breach of contract in a strictly legal technical sense. In this system the entitlement to specific performance is a consequence of the duty to perform a (contractual) obligation...
BREACH OF CONTRACT IN THE DUTCH ANTILLES (I)
Posted on September 26, 2009Failure to properly perform Under the Netherlands Antilles Civil Code (CC) breach of contract is defined as a failure to properly perform, perform on time, or to perform at all, which failure is attributable to one of the parties If a debtor breaches his obligations there are various courses of action available to the creditor...
RESTARTING SECURITIZATION MARKETS IS CRITICAL
Posted on September 22, 2009IMF: securitization can positively contribute to financial stability and sustainable economic growth Although recent public opinion has focused on what went wrong with securitization, according to the International Monetary Fund (IMF), it is important to recognize the many benefits associated with sound securitization...
THE MANAGEMENT OF A DUTCH ANTILLES FOUNDATION
Posted on September 19, 2009Management must act in the best interests of the foundation The members of the management board of a Netherlands Antilles foundation have collective powers and responsibilities. The management board shall be in charge of the management of the foundation...
CROSS-BORDER CONVERSIONS AND MERGERS IN THE DUTCH ANTILLES
Posted on September 12, 2009No outbound mergers allowed According to the laws of the Netherlands Antilles, a limited liability company (NV or BV) may convert to a foreign legal entity provided that under the laws governing such a foreign legal entity the consequence of such conversion shall be the continued existence of the company as a legal entity ? in [...
BEARER SHARES IN A NETHERLANDS CARIBBEAN COMPANY
Posted on September 05, 2009Registered shares must be issued first On 1 March 2004, the new Netherlands Antilles act on corporate law (Book 2 Civil Code) became effective. Since that date it is no longer possible to (directly) issue bearer shares. A company with only bearer shares has no shareholders? register...
LEGAL REBELS ARE REMAKING THE LEGAL PROFESSION
Posted on August 29, 2009Dozens of lawyers are remaking their corners of the profession According to the American Bar Association (ABA), ?the legal profession is not just struggling through a recession but undergoing a structural break with the past. There is a growing consensus that the profession that emerges from this downturn will be different in fundamental ways from the [...
THE REPAYMENT OF SHARE PREMIUM IN THE NETHERLANDS CARIBBEAN
Posted on August 22, 2009Net equity may not be or become negative From the legal point of view in Netherlands Antilles, share premium (?agio?) forms part of the company?s free reserves, and does not qualify as share capital. If share premium is to be repaid, the company?s financial condition should at the time allow for it, i...
LIFTING OF AN ATTACHMENT UNDER THE LAWS OF THE DUTCH CARIBBEAN (II)
Posted on August 15, 2009Defendant has to show that the claim is invalid Article 705, Paragraph 2 of the Netherlands Antilles Code of Civil Procedure states that the lifting of an attachment may be ordered if it appears summarily that the claim is invalid. According to existing case law of the Dutch Supreme Court (see for instance Supreme Court dd June [...
LIFTING OF AN ATTACHMENT UNDER THE LAWS OF THE DUTCH CARIBBEAN (I)
Posted on August 08, 2009Freezing assets is rather easy Under Netherlands Antilles law any party with a prima facie claim may file a petition for a court order granting an attachment, which petitions are generally granted, solely based on the allegations in the petition. It is not required, under Netherlands Antilles law, that the litigant needs to demonstrate that, in [...
SUMMARY PROCEEDINGS IN THE DUTCH CARIBBEAN (IV)
Posted on August 01, 2009Only condemnatory judgments are allowed As far as the form and the content of a decision in summary proceedings is concerned, the judge has great latitude in reaching a decision. A guiding principle for the judge will always be a policy of not going beyond what might be necessary or well-balanced as far as the decision [...
SUMMARY PROCEEDINGS IN THE DUTCH CARIBBEAN (III)
Posted on July 25, 2009Judge will balance interests In general the court will take into account the detriment which the plaintiff in summary proceedings will suffer if he has to wait too long for a judgment in a procedure on the merits. In summary proceedings the judge needs to balance the interests of the plaintiff and the defendant...
SUMMARY PROCEEDINGS IN THE DUTCH CARIBBEAN (II)
Posted on July 18, 2009Urgency is a requirement Provisional measures may always be given in summary proceedings in civil cases if the claim meets the following three conditions: (i) there is an urgent interest at stake; (ii) the interests of both parties needs to be balanced; and (iii) the balancing of interests justifies a decision in summary proceedings...
SUMMARY PROCEEDINGS IN THE DUTCH CARIBBEAN (I)
Posted on July 11, 2009Attempting to obtain temporary instructions from the court The procedure for provisional measures in summary proceedings (in Dutch: kort geding), a.k.a. interlocutory proceedings, is an interim injunction procedure before the court. Such proceedings, under Netherlands Antilles law, are aimed at obtaining temporary instructions from the court, not at receiving a final decision in the case...
THE EUROPEAN COURT OF JUSTICE IMPOSES TWO-FOLD PENALTY ON GREECE
Posted on July 07, 2009Penalty payment of EUR 16 000 per day and lump sum payment of EUR 2 million Press Release No 59/09 - 7 July 2009: “In 2002, the Commission took the view that certain aid granted by Greece to Olympic Airways (OA) was incompatible with the common market for failing to comply with certain conditions initially laid down...
FILE SHARING IN THE DUTCH CARIBBEAN
Posted on July 04, 2009Internet service providers should act prudently regarding claimed copyright infringement File sharing, as is commonly understood, involves distributing or providing access to electronically stored data. One, if not the most, popular way to do this is through the use of so-called (distributed) peer-to-peer (P2P) networking programs...
AGENCY AND DISTRIBUTION AGREEMENTS IN THE NETHERLANDS CARIBBEAN (II)
Posted on June 27, 2009Distribution agreement So-called agency agreements frequently bear resemblance in actual practice, to (certain aspects of) distribution agreements. Hence, so-called ?agency agreements? are in actual fact not infrequently mixed type agreements, consisting of an agent and a distribution element...
BES LAW DEVELOPMENTS
Posted on June 24, 2009Bonaire, St. Eustatius and Saba (BES) Within a couple of years, the BES Islands, as public entities, will be part of the country of the Netherlands in the framework of the political restructuring in the Kingdom of the Netherlands. The US dollar will be introduced as the new currency in the BES Islands...
AGENCY AND DISTRIBUTION AGREEMENTS IN THE NETHERLANDS CARIBBEAN (I)
Posted on June 20, 2009Commercial Agency Agreement According to Section 7:428, Paragraph 1, of the Netherlands Antilles Civil Code, a commercial agency contract (agentuurovereenkomst) is a contract for services whereby one party, the principal, instructs the other party, the commercial agent, and whereby the latter binds himself, for a fixed or indeterminate term and for remuneration, to act as an [...
UNLAWFUL ACTS UNDER ARUBAN LAW
Posted on June 13, 2009Several requirements apply Article 6:162 section 1 of the Aruba Civil Code (Aruba CC) stipulates four conditions for someone?s obligation to compensate damage based on an unlawful act (tort): A person has committed an unlawful act (?onrechtmatige daad?) against another person; and The act can be attributed (?toegerekend?) to that person; and Some other person has suffered damage (?schade?); [...
THE ANNUAL ACCOUNTS OF LARGE DUTCH CARIBBEAN COMPANIES
Posted on June 09, 2009Stricter rules for large companies Under Netherlands Antilles law the annual accounts of limited liability companies which do not qualify as so called large companies, need to be prepared in accordance with generally accepted standards and shall provide sufficient insight as to enable a sound judgment to be formed regarding the assets and the results and, [...
CONVERSION OF A DUTCH CARIBBEAN LIMITED LIABILITY COMPANY
Posted on June 06, 2009An NV may be converted into a BV and vice versa The Netherlands Antilles Civil Code provides for an NV to be converted into a BV and vice versa. Conversion does not terminate the existence of the legal entity. Conversion requires a resolution. A resolution to convert and to amend the articles has to be adopted, if [...
TRANSACTIONAL POWER OF THE MANAGING BOARD OF A DUTCH CARIBBEAN CORPORATION (II)
Posted on May 30, 2009Only corporations may plead absence of representative authority Under the Netherlands Antilles Corporate Code, i.e. Book 2 of the Civil Code, transactions with third parties that violate either the law or any limitations on the transactional powers of the board of directors of a corporation, are not enforceable against the corporation if the limitations are properly [...
TRANSACTIONAL POWER OF THE MANAGING BOARD OF A DUTCH CARIBBEAN CORPORATION (I)
Posted on May 26, 2009Limitations must be disclosed to have effect Netherlands Antilles law provides that, subject to restrictions laid down by the Netherlands Antilles Corporate Code or a corporation?s articles of association, the board of directors of a corporation shall be competent to represent the corporation, e...
STATUTORY LIMITATIONS FOR FILING A CLAIM UNDER ARUBAN LAW
Posted on May 23, 2009Five year period With respect to the limitations under Aruban law for filing a claim, the pertinent legal provisions governing limitations are set out in Book 3, Title 11 (Rights of Action) of the Aruban Civil Code. According to Article 310 the right of action for compensation for damage is prescribed up to the end of a [...
SPOTLIGHT ON CURACAO
Posted on May 20, 2009Curacao economic country survey inserted in the New York Post In May 2009, United International Press (UIP) issued a special bulletin on Curacao, the Netherlands Antilles, which was an insert in the New York Post. UIP has also placed the bulletin on its website...
WHAT DAMAGES ARE RECOVERABLE UNDER ARUBAN LAW? (II)
Posted on May 18, 2009Case law The Supreme Court in its case law has held that relatives of a deceased person are only entitled to sue for damages against the person liable for his or her death, if and to the extent that their death has left them in need. The extent of need is measured by the standard of [...
WHAT DAMAGES ARE RECOVERABLE UNDER ARUBAN LAW? (I)
Posted on May 16, 2009Nature and extent determined by the Civil Code When considering the nature and extent of damages that are recoverable under Aruban law, the point of departure is Book 6, Title 1 (Obligations in General), Section 10 (Legal Obligations to Make Reparation of Damage), Article 95 of the Aruban Civil Code which states: ?the damage which must [...
WHAT DAMAGES ARE RECOVERABLE UNDER ARUBAN LAW? (I)
Posted on May 15, 2009Nature and extent determined by the Civil Code When considering the nature and extent of damages that are recoverable under Aruban law, the point of departure is Book 6, Title 1 (Obligations in General), Section 10 (Legal Obligations to Make Reparation of Damage), Article 95 of the Aruban Civil Code which states: ?the damage which must [...
CURACAO CHAMBER OF COMMERCE ON REFERENDUM
Posted on May 12, 2009Kámara di Komèrsio Kòrsou: Un voto ?NO? ta funesto pa klima ekonómiko. Un voto ‘NO’ ta funesto pa pueblo di Kòrsou. Karel Frielink: Bo ta kere ku futuro ta mas importante ku pasado? SI Bo ta kere mester solushoná nos debenan? SI Bo ta kere ku e pakete ta un base pa drecha ekonomia i redusí pobresa? SI Bo ta kere ku [...
NETHERLANDS CARIBBEAN BANK N.V.
Posted on May 08, 2009Notice from the Liquidator Notice is hereby given that, pursuant to Section 31, paragraph 2, of the Netherlands Antilles Civil Code, both the liquidator?s report on how the winding-up of Netherlands Caribbean Bank N.V. (in liquidation) has been executed, and the distribution plan for the surplus have been lodged for perusal at the office of the [...
AWEL SI
Posted on May 01, 2009Pueblo ta papia palabra kla Mi ta vota “SI” ! Bo ta kere den Kòrsou? SI Bo ta kere ku Kòrsou tin chèns ainda di mehorá? SI Bo ta kere ku nos mester biba na pas i den harmonia ku otro? SI Bo ta kere ku futuro ta mas importante ku pasado? SI Bo ke e mihó pa bo yunan? SI Bo [...
TRADE MARK LAW: PLACING LUXURY GOODS IN DISCOUNT STORES CAN AFFECT THEIR QUALITY
Posted on April 28, 2009French fashion house Dior has the upper hand in legal battle over ?dumping? of its goods Placing luxury goods like Christian Dior products in discount stores can affect their quality according to the European Court of Justice, in a ruling on April 23, 2009, thereby backing the renowned French fashion house Dior in a trademark case...
VOTA SI
Posted on April 28, 2009‘SI’ pa Futuro di Kòrsou SI bo tin Kòrsou na pechu, bo tambe ta preokupá pa futuro di nos isla. E momentu a yega pa ábo mete kuné. Mi stima Kòrsou i mi ta deSIdido pa biba aki i kontribuí na bienestar di mi pais. Ami mes ke disidí mi futuro i esun di mi lugá...
AMI TA VOTA SI
Posted on April 28, 2009Ami ta vota SI: garantia ku onderstand por sigui drecha nos skolnan bringa aumento di kriminalidat Hopi SI, pa un futuro SIgur i prospero pa un i tur di nos Dushi Korsou! Karel Frielink .
SI IS THE MESSAGE OF HOPE
Posted on April 24, 2009Do you believe? Do you believe in Curacao? SI Do you believe Curacao still has a chance to improve? SI Do you believe we should live in peace and harmony? SI Do you believe the future is more important than the past? SI Do you want the best for your children? SI Do you believe in law, order and stability? SI Do [...
SI? SI!
Posted on April 16, 2009The 2009 Curacao referendum According to Eric de Vries, many of our Curacao citizens who primarily speak English have requested information on the referendum of May 15, 2009, and in particular an explanation what the referendum will be about and why they should vote ?YES? or ?NO?...
MANAGEMENT AND SUPERVISION OF THE ARUBA COMPANY WITH LIMITED LIABILITY
Posted on April 14, 2009A local representative is required On January 1, 2009 the new Aruba Ordinance on the company with limited liability (vennootschap met beperkte aansprakelijkheid; VBA) became effective. Except for restrictions in the articles of association, the Board of Directors is responsible for the management of the VBA and is authorized to represent it...
CAPITAL STRUCTURE OF THE ARUBA COMPANY WITH LIMITED LIABILITY
Posted on April 11, 2009Full value share is required On January 1, 2009 the new Aruba Ordinance on the company with limited liability (vennootschap met beperkte aansprakelijkheid; VBA) became effective. Concepts like registered, subscribed and contributed capital do not occur in the Ordinance...
THE RIGHT TO SHARE IN THE PROFITS OF THE ARUBA COMPANY WITH LIMITED LIABILITY
Posted on April 07, 2009It is not necessary to give all shares a right to share in the profits On January 1, 2009 the new Aruba Ordinance on the company with limited liability (vennootschap met beperkte aansprakelijkheid; VBA) became effective. This legislation gives shareholders far more freedom to organize their company than in the past It is not necessary to give [...
FRANCHISE AGREEMENTS UNDER THE LAWS OF ARUBA (II)
Posted on April 04, 2009Case law regarding termination It can be concluded from a Netherlands Antilles case regarding failed negotiations for the continuation of a license agreement (franchising) (Antillean Family Foods NV vs Mc Donald?s Corporation, Supreme Court, February 26, 1993, NJ 1993, 289), that under certain circumstances the termination of an agreement may constitute an obligation (to negotiate a [...
G-20 CONFIRMS: NETHERLANDS ANTILLES NOT ON BLACKLIST
Posted on April 03, 2009The Netherlands Antilles and Aruba do not appear on the OECD blacklist of international tax havens Although still on a so-called ’greylist’, which is not an official list, but rather a progress report, the Netherlands Antilles and Aruba both have committed to the internationally agreed tax standard...
FRANCHISE AGREEMENTS UNDER THE LAWS OF ARUBA (I)
Posted on March 31, 2009What are called ?franchises? are not seldom mixed type agreements Franchise agreements are not defined in any Aruban statute and are not subject to any specific Aruban legislation. The franchise agreement is a sui generis agreement, subject to the general law of contracts...
GROUP RESTRUCTURING AND REFINANCING
Posted on March 25, 2009Plan and act prudently: better to be safe than sorry Especially in these times of global economic and financial turmoil, a group (or part thereof) might want to consider restructuring and refinancing its operations or may be already in the process of doing so...
LIBERALIZATION IN THE DUTCH CARIBBEAN
Posted on March 21, 2009Telecom first, airlines to follow suit The government of the Netherlands Antilles has been in favor of liberalizing the telecommunication market for may years now. Liberalization of the telecom market means opening it up to domestic and foreign competition, subject to certain regulatory principles...
THE CREDIT CRUNCH, THE ECONOMIC RECESSION AND MAJOR FRAUDS SCHEMES
Posted on March 17, 2009Lawyers are having a heyday Many countries, companies and private individuals are suffering severely from the credit crunch, the economic recession and the various fraud schemes (Madoff, Stanford, Enron, etc.). However, what causes misery to some represents opportunity to others, in this case, the lawyers...
PLC CROSS BORDER LAW FIRM RECOMMENDATIONS
Posted on March 16, 2009Netherlands Antilles According to PLC Cross Border (Which lawyer?), Spigthoff Attorneys & Tax Advisers is one of two firms dominating the Netherlands Antilles market for international work, both on- and offshore. Spigthoff ranks high in corporate/M&A and dispute resolution...
THE DISMISSAL OF A TRUSTEE IN BANKRUPTCY IN THE DUTCH CARIBBEAN
Posted on March 14, 2009Dismissal not always at the sole discretion of the judge A Netherlands Antilles bankruptcy judge may at any time after having heard or after having properly summoned the trustee in bankruptcy, dismiss the trustee and replace him by one or more other trustees...
RIGHT OF SET-OFF UNDER DUTCH CARIBBEAN LAW
Posted on March 10, 2009One of the most modern regimes in the world The legal concept of set-off may be defined as setting cross-claims off against each other to produce a single balance. For instance, if A were to have a claim against B for a sum of money, and B would have a cross-claim against A for a sum [...
STRUCTURING TRANSACTIONS IN THE DUTCH CARIBBEAN, THE SKY IS THE LIMIT
Posted on March 06, 2009Example: Parallel debt structures under Dutch Caribbean law In a parallel debt structure, a company (the borrower) acknowledges a debt to an appointed agent by promising to pay the agent an amount equal to the sum of the borrower?s obligations under the (syndicated) loan agreement with the lenders...
DUTCH CARIBBEAN LAW REGARDING CORPORATE AUTHORITY
Posted on February 23, 2009Trade Register should be checked Netherlands Antilles law provides that, subject to restrictions laid down by the Netherlands Antilles Corporate Code or a corporation?s articles of association, the board of directors of a corporation shall be competent to represent the corporation, e...
THE DUTCH CARIBBEAN PRIVATE FOUNDATION AND ITS SUPERVISORY DIRECTORS
Posted on February 20, 2009Only natural persons may be appointed The articles of incorporation of a Private Foundation (PF) may provide, if so desired, that the authority of the board to make distributions is subject to the consent of the founder, a Supervisory Board or another body established within the PF e...
TEXAS BILLIONAIRE ALLEN STANFORD ACCUSED OF FRAUD
Posted on February 19, 2009Stanford fraud charges tricker panic Fraud charges laid against Allen Stanford sparked panic across the Caribbean. Stanford and his companies, among them Stanford International Bank Ltd. (a private offshore investment bank in Antigua), Stanford Group Co...
THE FORMATION OF A PRIVATE FOUNDATION IN THE DUTCH CARIBBEAN
Posted on February 16, 2009Formation requires a notarial deed A Private Foundation (PF) is formed by a notarial instrument executed by a Netherlands Antilles civil law notary and registered in the Register of Foundations at the Chamber of Commerce. The articles of incorporation of the PF includes the name of the PF and the word PF (or a translation thereof) as [...
THE OFFERING OF NOTES IN THE DUTCH CARIBBEAN
Posted on February 13, 2009Only to licensed credit institutions Any Notes (including rights representing an interest in a Note in global form) that are offered as part of their initial distribution or by way of a re-offering in the Netherlands Antilles, shall, in order to comply with the Netherlands Antilles National Ordinance on the supervision of banking and credit institutions [...
THE STRUCTURE OF A DUTCH CARIBBEAN FUND
Posted on February 09, 2009It is easy and inexpensive to set up a SPV (Special Purpose Vehicle) From a legal point of view, establishing a fund in Curaçao is very attractive under the corporate law in force since March 1, 2004, whereby a private limited liability company (besloten vennootschap) can be established very quickly and flexibly...
THE SHAREHOLDERS REGISTER OF A DUTCH CARIBBEAN LIMITED LIABILITY COMPANY
Posted on February 06, 2009Shareholders may inspect the register Every shareholder of a Netherlands Antilles NV or BV may inspect the register of the company regarding the shares held by them. The articles of association of a particular company may confer the right for inspection on others...
TRANSFERS FOR NO CONSIDERATION UNDER THE LAWS OF THE DUTCH CARIBBEAN
Posted on January 30, 2009The law protects creditors In general the law in the Netherlands Antilles does not prohibit transfers for no consideration. It should however be pointed out that under Netherlands Antilles law, statutory provisions exist which ensure that transactions whose only reason is to disadvantage creditors or make it impossible for them to seek recourse, may not be [...
GENERAL CONDITIONS UNDER THE LAWS OF THE DUTCH CARIBBEAN
Posted on January 26, 2009General conditions may be nullified Since 1 January 2001 the Civil Code (CC) of Aruba and the Netherlands Antilles contains a section on general terms and conditions. By including this section in the CC the legislator tried to strengthen judicial supervision of the terms of general conditions in order to protect contracting parties against the use [...
STATUTORY MERGERS IN THE DUTCH CARIBBEAN
Posted on January 23, 2009A notarial deed is required A statutory merger involves at least two legal entities. The law uses the terms acquiring and disappearing legal entity. The law specifies that only legal entities having the same legal form may merge, specifying that a BV (closed limited liability company) and a NV (public limited liability company) are considered to [...
CRIMINAL PROSECUTION GEERT WILDERS
Posted on January 22, 2009Press release Amsterdam Court of Appeal Amsterdam Court of Appeal orders the criminal prosecution of the Member of Parliament of the Dutch Second Chamber Geert Wilders Amsterdam, 21 january 2009 - On 21 January 2009 the Court of Appeal in Amsterdam ordered the criminal prosecution of the member of parliament Geert Wilders for the incitement to hatred [...
THE DISMANTLING OF THE NETHERLANDS ANTILLES
Posted on January 22, 2009Info Bulletin Dismantling available The country The Netherlands Antilles (?het Land de Nederlandse Antillen?) will cease to exist, presumably in 2010. Like Aruba, although slightly different, Curacao and St. Maarten will receive the status of autonomous country within the Kingdom of the Netherlands in accordance with referendums held on both islands...
PIERCING THE CORPORATE VEIL IN THE DUTCH CARIBBEAN
Posted on January 19, 2009Ignoring the legal personality of a company A shareholder is not personally liable for acts performed in the name of the company and is not liable to contribute to losses of the company in excess of the amount which he must pay to the company as contribution for his shares...
THE LAWS OF TORT IN THE DUTCH CARIBBEAN
Posted on January 16, 2009Unlawful acts and damage Section 6:162 paragraph 1 Netherlands Antilles Civil Code (NACC) stipulates four conditions for someone?s obligation to compensate damage based on an unlawful act (tort): A person has committed an unlawful act (onrechtmatige daad) against another person (the victim); and the act can be attributed (toegerekend) to that person; and the victim has suffered damage (schade); [...
PRE-TRIAL MOTIONS IN THE DUTCH CARIBBEAN
Posted on January 09, 2009Differences with the United States Netherlands Antilles civil proceedings differ substantially from those in the United States. In the Dutch Caribbean there are, for instance, no juries. In principle, legal proceedings are basically conducted in writing...
INDEPENDENT SUPERVISORY BOARD IN THE DUTCH CARIBBEAN
Posted on January 07, 2009Should be mandatory for government-owned entities Under the laws of the Netherlands Antilles, the main task of a board of supervisory directors is to supervise the board of managing directors of a limited liability company (NV or BV). The Corporate Code provides for two different kinds of boards of supervisory directors, a ?regular? board of supervisory directors [...
CURACAO TOURISM BOOMS
Posted on January 02, 2009Article on Curacao by Ben Fox (Associated Press) Various newspapers, including USA Today and Miami Herald, published an article by Ben Fox. Here follows an excerpt: In a grim season for Caribbean tourism, an island just north of Venezuela stands out: Hotel rooms are scarce and discounts unavailable...
A HAPPY NEW YEAR TO ALL OF YOU
Posted on December 31, 2008Bon aña nobo i tur kos bon! Gelukkige nuwejaar Godt nytår Onnellista uutta vuotta Lokkich neijier Felice anno nuovo Felix sit annus novus Godt nyttår Bliadhna mhath ur Feliz año Nuevo Yeni yiliniz kutlu olsun Karel Frielink
FINAL POSTING OF 2008
Posted on December 30, 2008This will be my final posting for 2008. What a year. It feels as if the whole world has changed more rapidly than ever before and not only as a result of the economic turmoil. The year 2009 is about to begin and it won?t be an easy year. Many will suffer from the crisis...
THE MANAGEMENT BOARD OF A DUTCH CARIBBEAN CORPORATION
Posted on December 29, 2008The concept of corporate officers is unknown The management board has the function of managing the corporation, i.e., making policy and conducting the day-to-day management of the corporation. The management board is responsible for the management of the BV and is authorized to represent it, except where restricted by the articles of incorporation...
A DUTCH CARIBBEAN BUSINESS LICENSE
Posted on December 26, 2008License required According to the Netherlands Antilles Ordinance on the Establishment of a Business (Landsverordening betreffende vestiging van ondernemingen, PB 1946 nr. 43), a license is required to establish a company (vestigingsvergunning) as well as one to operate a company as an individual director who is not a ?citizen? (directievergunning)...
THREE QUESTIONS ABOUT DUTCH CARIBBEAN PREJUDGMENT ATTACHMENT
Posted on December 22, 2008FAQ Question 1 How easily can one obtain permission to freeze assets? The Netherlands Antilles Code of Civil Procedure provides the possibility to seize and freeze assets in anticipation of a court order to pay a certain amount or to return certain goods...
THREE QUESTIONS ABOUT DUTCH CARIBBEAN CIVIL PROCEEDINGS
Posted on December 19, 2008FAQ Question 1 Are there any particular issues that concern foreign plaintiffs in the Netherlands Antilles? If proceedings on the merits are initiated by a non-resident plaintiff, the defendant may ask the court to order that the plaintiff provide security for damages, costs and interest which it might be liable to pay as a result of the judgment [...
THREE QUESTIONS ON DUTCH CARRIBBEAN BANKRUPTCY LAWS
Posted on December 15, 2008FAQ Question 1 In which cases and by whom may bankruptcy proceedings be initiated in accordance with Netherlands Antilles bankruptcy law? Filing for bankruptcy may be done either by the debtor itself or by one or more of its creditors. If the debtor is a company, the managing directors do not have the authority to petition for bankruptcy [...
NEW PRESIDENT CURACAO BAR ASSOCIATION
Posted on December 14, 2008Meeting held on 12 December 2008 At the Curacao Bar Association’s annual meeting, Karel Frielink (Spigthoff) was formally elected to serve as President of the Curacao Bar Association for a two year-term. He is the successor of Eric de Vries (HBN)...
BOARD OF DIRECTORS CURACAO CHAMBER OF COMMERCE
Posted on December 12, 2008Elections held on 11 December 2008 Willem “Billy” Jonckheer (owner Jonckheer Advertising & Marketing Consultants) has been re-elected as member of the Board of Directors of the Curacao Chamber of Commerce. Karel Frielink (partner Spigthoff Attorneys & Tax Advisers) has been elected to the same Board...
DUTCH CARIBBEAN CORPORATE LAW IN PRESSING CIRCUMSTANCES
Posted on December 12, 2008Rules of law, articles and contract may be set aside According to Section 2:7(2) of the Netherlands Antilles Civil Code, any rule imposed, for instance, on board members or shareholders of a limited liability company, will not be deemed to apply, to the extent, in the given circumstances, that these would be unacceptable in terms of reasonableness [...
CAN A FOREIGN COMPANY BUY SHARES IN A DUTCH CARIBBEAN COMPANY?
Posted on December 01, 2008Generally speaking: yes Under Netherlands Antilles law, no specific requirements exist regarding the purchase of shares in a Netherlands Antilles offshore company by a foreign company. The Netherlands Antilles do not have any anti-trust regulations. In the Netherlands Antilles there are no statutory requirements preventing the sale of one or all the shares issued and outstanding or [...
THE GENERAL PENSION FUND OF THE NETHERLANDS ANTILLES
Posted on November 28, 2008The APNA is subject to supervision The General Pension Fund of the Netherlands Antilles (?Algemeen Pensioenfonds van de Nederlandse Antillen?; the ?APNA?) is governed by its own State Ordinance (?Landsverordening Algemeen Pensioenfonds van de Nederlandse Antillen?; ?SOAPNA?)...
DUTCH CARIBBEAN COURT DECISION IN TELECOM CASE
Posted on November 26, 2008Scarlet about to enter telecom market in Sint Maarten On 18 November 2008, the Administrative Court in Sint Maarten ruled that the Executive Council of Sint Maarten was not authorized to refuse Scarlet a business license for the provision and operation of international telecommunications services in Sint Maarten (click here for the judgment)...
INSURANCE BUSINESS IN THE DUTCH CARIBBEAN (III)
Posted on November 21, 2008A broker must be registered Under the National Ordinance on the supervision of the insurance brokerage business 2003 (Landsverordening toezicht assurantiebemiddelingsbedrijf 2003, ?NOSA?), insurance brokers (assurantiebemiddelaars) are prohibited from providing services as an insurance broker unless they are registered in the relevant register administered by the Central Bank...
INSURANCE BUSINESS IN THE DUTCH CARIBBEAN (II)
Posted on November 17, 2008Limitations apply to a foreign insurance company A foreign insurance company, i.e. a company not having its seat in the Netherlands Antilles and not operating through any kind of branch office (including a local representative), is allowed to insure a risk located in the Netherlands Antilles (for instance Curaçao), provided this occurs on an incidental basis [...
INSURANCE BUSINESS IN THE DUTCH CARIBBEAN (I)
Posted on November 14, 2008A license is required The insurance business in the Netherlands Antilles is regulated by the National Ordinance on the Supervision of the Insurance Business 1990 (Landsverordening toezicht verzekeringswezen, the ?NOSI?). The NOSI divides the insurance business into life insurance and indemnity insurance products...
SERVICE OF PROCESS IN THE DUTCH CARIBBEAN
Posted on November 10, 2008This is done by a bailiff What is the procedure for the service of foreign proceedings under Netherlands Antilles procedural law for a company having its registered address in, for instance Curaçao? Under Netherlands Antilles procedural law, the service of proceedings on a Netherlands Antilles legal person will be done by means of a bailiff?s notification...
AGENCY AGREEMENTS IN THE DUTCH CARIBBEAN
Posted on November 07, 2008An agent is entitled to commission Under the Civil Code of the Netherlands Antilles (article 7:428), an agency agreement is defined as a contract for a fixed or indefinite period of time between a principal and an agent, whereby the agent agrees, against payment, to mediate in the conclusion of contracts and to eventually conclude these [...
SPIGTHOFF ATTORNEYS AND TAX ADVISERS: ALWAYS ON TOP OF THE GAME
Posted on October 31, 2008Dutch Caribbean law firm operates in a borderless business world National boundaries these days are increasingly less significant, even for small or mid-size law firms. Though Spigthoff Attorneys & Tax Advisers can hardly be called a global law firm, with only two offices, one in Curacao and one in Amsterdam we can however offer services to [...
MASS LAY-OFF UNDER THE LAWS OF THE DUTCH CARIBBEAN
Posted on October 30, 2008Permission required The termination of the employment contracts of more than 25 employees or of 25% or more of the employees of a company is considered a mass lay-off. For such a mass lay-off permission is required from the Director of the Department of Labor and Social Affairs irrespective of the nature of the company?s activities...
A JOINDER BETWEEN PARTIES IN THE DUTCH CARIBBEAN
Posted on October 28, 2008An interest must be proved When two parties are involved in legal proceedings a third party may request permission to join the proceedings thereby to joining with one party in raising defense against the other (?voeging?). Alternatively, a third party may request permission to intervene (’tussenkomen‘) in pending proceedings, in which case neither party is joined...
CITIZENS RESCUE ORGANIZATION CURACAO NEEDS YOUR SUPPORT
Posted on October 28, 2008Wanted: on-shore rescuers The Citizens’ Rescue Organization, Curacao (CITRO) provides search and rescue services in the waters around Curacao in the Netherlands Antilles. The organization comprises a group of volunteers, who are on call and prepared for sea rescue 24 hours a day 7 days a week...
PLEDGING FUTURE RECEIVABLES IN THE DUTCH CARIBBEAN
Posted on October 25, 2008Bankruptcy pledgor will prevent valid pledge Under the laws of the Netherlands Antilles, a right of pledge may be established on future receivables, however, the right of pledge on a future receivable will only be perfected the moment such a receivable comes into existence, provided that, at such a time, the pledgor is authorized to dispose [...
THE DUTCH CARIBBEAN AND OECD STANDARDS OF TRANSPARANCY AND EXCHANGE OF INFORMATION
Posted on October 24, 2008OECD Secretary-General compliments the Netherlands Antilles and Aruba In his speech on 21 October 2008, OECD Secretary-General Angel Gurría, addressed the issue of transparency and exchange of tax information in relation to offshore jurisdictions. The Secretary-General: ?In 2000 we identified over 40 tax havens and between 2000 and 2005 we were able to convince 35 of these [...
DUTCH GOVERNMENT INJECTS $13 BILLION IN ING GROUP
Posted on October 22, 2008Restoring confidence is key Recently, the Dutch government acquired all shares in the capital of the Dutch subsidiary of Fortis, i.e. Fortis Bank Nederland, including ABN AMRO Bank. Furthermore, the Dutch government has set aside $27.5 billion of capital to protect the financial institutions of the Netherlands...
FOREIGN CLAIMS SECURED BY DUTCH CARIBBEAN SECURITY RIGHTS
Posted on October 18, 2008The claim must be sufficiently identifiable Many financing arrangements are of a cross-border nature. For instance, a loan agreement governed by English law with the loan secured by a Netherlands Antilles right of pledge. This raises all kinds of questions...
PREJUDICED INTERESTS OF MINORITY SHAREHOLDERS IN THE DUTCH CARIBBEAN
Posted on October 14, 2008He may force the company to take-over his shares Article 2:251(1) Netherlands Antilles Civil Code reads as follows: ?A shareholder of registered shares, whose rights or interests are prejudiced to such an extent, by the conduct of the company or one or more co-shareholders, that a continuation of his shareholding cannot reasonably be required of him, [...
TROPICAL STORM OMAR DUMPS 12 INCHES OF RAIN ON THE DUTCH CARIBBEAN
Posted on October 14, 2008(CNN) – Tropical Storm Omar formed Tuesday in the eastern Caribbean Sea and within hours was lashing the islands of Aruba, Curacao and Bonaire with heavy rain and gusty winds, the National Hurricane Center said. As of 2 p.m. ET, the storm’s center was about 375 miles (600 km) south-southwest of San Juan, Puerto Rico, and [...
DRAG-ALONG RIGHTS UNDER THE LAWS OF THE DUTCH CARIBBEAN
Posted on October 11, 2008Drag-along rights may be validly created A drag-along right is a right that enables a majority shareholder to force a minority shareholder to join in the sale of his shares in a company (NV or BV). The majority shareholder doing the dragging must give the minority shareholder the same price, terms, and conditions that apply to [...
IN THE SHADOWS OF DEBT
Posted on October 08, 2008Who is to blame for the current crisis? Massive borrowing, hedge funds, credit default swaps (CDSs), collateralized debt obligations (CDOs) and other instruments seem to be part of the current trillion dollar problem. What was known of these instruments and the risks attached thereto in the past several years? There was quite much known from the beginning...
WHAT IF A LENDER BECOMES A SHAREHOLDER OF THE BORROWER IN THE DUTCH CARIBBEAN?
Posted on October 07, 2008The obligation to repay still ranks pari passu If a lender takes over the shares in a borrower, the ranking of the borrower?s obligation to repay the loan does not change. Such obligations will continue to rank pari passu with the other creditors. Let me give you an example...
COVENANTS NOT TO COMPETE IN THE DUTCH CARIBBEAN
Posted on October 04, 2008Such covenants are null and void A non-competition clause, a.k.a. a covenant not to compete, is a stipulation between the employer and the employee whereby the latter is restricted in his right to work in a given way upon termination of the latter?s contract of employment...
WHO IS TO BLAME FOR BLACK MONDAY?
Posted on September 30, 2008That remains to be seen ‘Blaming others is a sign of low self-esteem because in doing so we are not taking responsibility‘ On Monday 29 September 2008, the US House of Representatives rejected a $700 billion bailout plan aimed at stabilizing the financial system, triggering the largest point drop in Wall Street’s market history...
DUTCH CARIBBEAN REGULATORY FRAMEWORK
Posted on September 23, 2008Central Bank monitors compliance The regulatory rules and regulations in the Netherlands Antilles deal with credit institutions, investment institutions and administrators, insurers and insurance brokers, company pension funds, trust service providers, capital markets, anti-money laundering and identification, and foreign exchange control and license fees...
DECLARING DIVIDENDS IN THE DUTCH CARIBBEAN
Posted on September 20, 2008Resolutions only marginally examined by the court Directly connected with the approval of the annual accounts, the general meeting of the NV (or BV, as the case may be) or any other body designated in the articles of incorporation shall resolve as to the distribution or reservation of the profit according to such annual accounts and [...
KEEPING, MAINTAINING AND RETAINING RECORDS FOR TAX PURPOSES IN THE DUTCH CARIBBEAN
Posted on September 16, 2008Records must be kept for 10 years Pursuant to article 43 of the Netherlands Antilles State Ordinance on National Taxes (Algemene Landsverordening Landsbelastingen, ?GONT?) an entity is obliged to keep the records (?administratie?) of its assets and liabilities that clearly show the rights and obligations at all times and that provide the data relevant to the [...
PROVIDING INFORMATION TO THE DUTCH CARIBBEAN TAX INSPECTOR
Posted on September 13, 2008Digital information is not sufficient In general every company is obliged to supply the Tax Inspector with data and information that is or can be significant for levying taxes from that company. Regarding the aforementioned all data carriers or their content have to be made available at the request (and discretion) of the Tax Inspector...
THE DUTCH SUPERVISION ON TRUST COMPANIES (IV)
Posted on September 06, 2008Identity of ultimate beneficiary must be known According to the Order on Sound Operational Management (the Order)(?Regeling integere bedrijfsvoering Wet toezicht trustkantoren?) pursuant to the ASTO, a trust office shall know the identity of the ultimate beneficial owner (?UBO?) of an object company and keep the evidence used to determine who qualifies as the ultimate beneficial [...
THE DUTCH SUPERVISION ON TRUST COMPANIES (III)
Posted on September 02, 2008Policy rule on integrity testing The integrity of those having a certain interest in, or control over, a trust office (such as managers, supervisory directors and persons who determine or help determine policy) will be tested and their antecedents investigated (Article 3 of the Dutch Act on the Supervision of Trust Offices; ?ASTO?)...
THE DUTCH SUPERVISION ON TRUST COMPANIES (II)
Posted on August 30, 2008Regulatory framework aims at sound operational management Section 10 (1) of the Dutch Act on the Supervision of Trust Offices (the ?ASTO?) states that rules may be issued for trust offices, pursuant to an order in council, i.e. a governmental decree, with the intention of ensuring sound operational management...
CURACAO RECEIVES TOP RANKING IN HEDGE FUND ADMINISTRATION SURVEY
Posted on August 28, 2008Curacao is again ranked #1 According to the 2008 Global Custodian Hedge Fund Administration Survey, Curacao (Dutch Caribbean) is the # 1 location for hedge fund administration services. Curacao outperformed Singapore, Dublin, Toronto, Hong Kong, Luxembourg, Amsterdam and the Cayman Islands, to name just a few...
THE DUTCH SUPERVISION ON TRUST COMPANIES (I)
Posted on August 26, 2008The Dutch Central Bank is the supervisor The Dutch Act on the Supervision of Trust Offices (?ASTO?) (?Wet toezicht trustkantoren? ) entered into force on the 1st of March 2004. According to the legislative history, the Explanatory Notes to the Act, the aim of the ASTO is to promote the integrity of the financial system by [...
CHURANDY MARTINA WINS SILVER ON 200M IN BEIJING, BUT?
Posted on August 25, 2008was wrongly disqualified On 20 August 2008, Churandy Martina won the silver medal in the 200 metres at the Olympics behind Usain Bolt in 19.82 seconds, the first time he had run sub-20s. He was the first medal winner for the Netherlands Antilles after Jan Boersma won silver in sailing at the 1988 Summer Olympics in Seoul...
DUTCH CARIBBEAN PRIVATE INTERNATIONAL LAW
Posted on August 23, 2008The legal effects doctrine: an exception to the lex loci delicti rule Under Dutch Caribbean rules of private international law, a claim arising from an unlawful act is governed, in the absence of a choice of jurisdiction by the parties, by the law of the country were the unlawful was committed (lex loci delicti)...
CHURANDY MARTINA WINS SILVER ON 200M IN BEIJING
Posted on August 20, 2008Netherlands Antilles sprinter On 20 August 2008, Churandy Martina won the silver medal in the 200 metres at the Olympics behind Usain Bolt in 19.82 seconds, the first time he had run sub-20s. He was the first medal winner for the Netherlands Antilles after Jan Boersma won silver in sailing at the 1988 Summer Olympics in Seoul...
LIABILITY FOR NOT OR LATE FILING FOR BANKRUPTCY IN THE DUTCH CARIBBEAN
Posted on August 19, 2008No obligation to file for bankruptcy There is no statutory obligation in the Netherlands Antilles for managing directors of a company to file for the bankruptcy of the company. Managing directors are therefore not responsible to the creditors for damages sustained by them as a result of any ?late? filing for bankruptcy...
INADEQUATE CAPITALIZATION IN THE DUTCH CARIBBEAN
Posted on August 16, 2008Liability for thin-capitalization? In terms of ?piercing the corporate veil?, thin or inadequate capitalization usually means capitalization that is not in proportion to the nature of the risks the business of the corporation necessarily entails; in other words it is based on likely economic needs rather than legal requirements...
LIABILITY OF DE FACTO MANAGING DIRECTORS IN THE DUTCH CARIBBEAN
Posted on August 12, 2008Policy maker can be held liable As a general rule a corporation in the Netherlands Antilles is a legal entity distinct from its shareholders. In terms of liability for mismanagement the law focuses on the managing directors as well as other persons who actually ?act as managers? (a...
PRE-EMPTION RIGHTS IN THE DUTCH CARIBBEAN
Posted on August 09, 2008Prevent a shareholder from dilution According to article 2:106 of the Netherlands Antilles Civil Code shareholders have a pre-emption right on the issue of new shares, being the right to be offered any new issue in each class, pro rata to the number of shares of such class held by them...
DUTCH SAME-SEX COUPLES HAVE THE SAME RIGHTS AS DUTCH CARIBBEAN OPPOSITE-MARRIED COUPLES
Posted on August 07, 2008Spigthoff represented plaintiff According to a recent court ruling in the Netherlands Antilles (Court of First Instance, 17 July 2008), a same-sex couple that was married in the Netherlands and subsequently moved to the Netherlands Antilles (Curacao), has the same rights under Netherlands Antilles law (or Aruba law as the case may be) as Netherlands Antilles opposite-married [...
THE FINANCIALS OF A DUTCH CARIBBEAN COMPANY
Posted on August 05, 2008Management?s responsibility According to Netherlands Antilles law, annually, within eight months after the company’s financial year has ended, (unless this term has been extended by the general meeting) annual statements must be drawn up by the management board and submitted to the general meeting of shareholders...
HEALTH INSTITUTIONS IN THE DUTCH CARIBBEAN
Posted on August 02, 2008Quality of health care is regulated Secondary health care in the Netherlands Antilles is provided in hospitals. There are seven hospitals on Curaçao, with a total of 1,187 beds, 46% of them in the Sint Elizabeth Hospital (Sehos) and 16.9% in various specialized institutes for the disabled and drug addicts...
MORATORIUM OF PAYMENTS IN THE DUTCH CARIBBEAN (II)
Posted on July 29, 2008The debtor can offer a composition The nature of a Netherlands Antilles’ moratorium differs substantially from a moratorium under US law and does, in particular, not cause pending proceedings to be stayed. Generally, a Netherlands Antilles moratorium protects a debtor from claims existing at the time of the moratorium...
MORATORIUM OF PAYMENTS IN THE DUTCH CARIBBEAN (I)
Posted on July 26, 2008An opportunity to recover Many companies face financial difficulties. Sometimes bankruptcy is the only option. The goal of the bankruptcy is the liquidation of the assets of the company and not to save the business, and therefore, this procedure is not always the best one to realize the full value of the company as a going [...
SECURITY RIGHTS AND DUTCH CARIBBEAN INTERNATIONAL PRIVATE LAW
Posted on July 22, 2008Foreign security right can be valid and enforceable According to Netherlands Antilles law, the question whether or not a security right can be created in a certain receivable must be determined according to the law governing that receivable. Netherlands Antilles international private law determines that the law that governs the receivable is the law that governs [...
OFFICE DISBURSEMENTS IN THE DUTCH CARIBBEAN
Posted on July 19, 2008Not always charged at actual cost Most law firms charge their fees on the basis of hourly rates, which are determined by the seniority of the attorneys involved. It is standard practice for Netherlands Antilles law firms to also charge separately office disbursements as a percentage, e...
IMF REPORT ON THE DUTCH CARIBBEAN
Posted on July 17, 2008A long period of stagnation appears to have ended in the Netherlands Antilles The International Monetary Fund (IMF) undertook a mission - an official staff visit to the Netherlands Antilles - as part of regular consultations under Article IV of the IMF’s Articles of Agreement...
CORPORATE PENSION FUNDS IN THE DUTCH CARIBBEAN
Posted on July 15, 2008Only legal entities may serve as a fund According to the Netherlands Antilles National Ordinance on Corporate Pension Funds only legal entities may serve as a corporate pension fund. The foundation (?stichting?) is the legal form most used for these purposes...
INVESTMENT TREATIES AND THE RUSSIAN FEDERATION
Posted on July 12, 2008Russia relatively immune In the May 2008 issue of Business Law International (Volume 9, No 2, pp. 100-113), an article by Noah Rubins and Azizjon Nazarov was published. In this article, ‘Investment Treaties and the Russian Federation: Baiting the Bear?‘, the authors look at international treaties for the encouragement and protection of foreign investment such as [...
DUTCH CARIBBEAN COMPANIES AND LIABILITY ISSUES
Posted on July 08, 2008Shareholders are not personally liable Shareholders of an NV or BV are not personally liable for the liabilities of the company, except where this would be contrary to the law. With the exception of actions based on tort or when a shareholder may be held liable because he is considered a policy maker (see below), in [...
DIRECTORS OF A DUTCH CARIBBEAN COMPANY
Posted on July 05, 2008May a director resign when he chooses to do so? A Netherlands Antilles company (NV or BV) must have either a local director or a local representative. A company is not required to have more than one director, unless the articles of association provide otherwise...
VOLUNTARY DISSOLUTION OF A DUTCH CARIBBEAN COMPANY
Posted on July 01, 2008Dissolution requires a shareholders? decision The shareholders of a Netherlands Antilles company may voluntarily decide to dissolve a company (NV or BV), which requires a shareholders? resolution in accordance with the articles of association. Publication of the dissolution of the company in the ?Curaçaosche Courant? (the Official Gazette of the Netherlands Antilles) by the liquidator (a...
MANAGING A COMPANY WHICH BELONGS TO A FOREIGN OWNER
Posted on June 28, 2008A contractual arrangement may limit the board?s powers Shareholders of a Dutch Caribbean NV or BV may choose between the English/American one-board system and the traditional continental European two-tier system. In a two-tier system there is a management board (parallel to the inside directors on a one-tier board) and a separate supervisory board (parallel to the [...
EMERGENCY MEASURES FOR CREDIT INSTITUTIONS IN THE DUTCH CARIBBEAN
Posted on June 24, 2008The Central Bank has certain regulatory powers Not all banks perform well. Sometimes things go wrong. In the Netherlands Antilles the Central Bank has certain powers to take over control, if necessary. The Central Bank may request the Court of First Instance to subject a bank (credit institution) to the emergency measure pursuant to Article 28 [...
STATUTORY MERGERS UNDER THE LAWS OF THE DUTCH CARIBBEAN
Posted on June 21, 2008Mergers mostly within a group of companies A statutory merger involves at least two legal entities. The law uses the terms acquiring and disappearing legal entity. The law specifies that only legal entities having the same legal form may merge, specifying that a BV (closed limited liability company) and a NV (public limited liability company) are [...
MAY LAWYERS SEARCH FOR METADATA IN DOCUMENTS RECEIVED FROM OPPOSING COUNSEL?
Posted on June 18, 2008A lawyer may ethically review a document for metadata Lawyers frequently send and receive documents or computer files in electronic form. An electronic document typically includes data that may or may not be visible when viewing the document on the computer screen or as printed out, e...
CREDIT DEFAULT SWAPS AND INSURANCE ISSUES UNDER DUTCH CARIBBEAN LAW
Posted on June 17, 2008Are credit default swaps insurance products? The National Ordinance on the supervision of the Insurance Business (?NOSI?) does not contain a definition of ?insurance agreement?. Under Netherlands Antilles law the definition contained in article 315 of the Netherlands Antilles Commercial Code is usually used, which informally translated reads as follows: “Insurance is an agreement whereby an insurer [...
INVESTMENT COMPANY REGULATIONS IN THE DUTCH CARIBBEAN
Posted on June 14, 2008Holding companies are not investing An investment company (NV or BV) is a company that raises or obtains pecuniary means or other property to be used for collective investment with the objective of allowing the participants to benefit from the revenues of those investments...
HARRY POTTER AND THE BATTLE OVER COPYRIGHT LAWS
Posted on June 10, 2008Can the author come up with a legal spell to prevent the publishing of a HP encyclopedia? J.K. Rowling is the renowned author of the famous fantasy books about the life of wizardry student Harry Potter. Since the release of the first book in 1997, the series have gained huge popularity worldwide...
WHO OWNS THE MOON?
Posted on June 06, 2008No one does actually You may have heard about people selling parts of the moon: they claim that you can become co-owner of moon lots for about US$ 40 per acre. However, in my opinion, the moon belongs to no one, period! No state or government can claim ownership and neither can an individual...
RECOMMENDED LAW FIRMS IN THE NETHERLANDS ANTILLES
Posted on June 06, 2008Recommendations by PLC Which lawyer? and Chambers and Partners The Practical Law Company is the leading provider of know-how for business lawyers. PLC Which lawyer?, previously known as PLC Global Counsel 3000, is regarded worldwide as the essential guide to lawyers and law firms in more than 100 countries...
TRUST COMPANIES IN THE DUTCH CARIBBEAN
Posted on June 02, 2008Rendering trust services without a license is prohibited Many international group structures include one or more Dutch Caribbean legal entities or partnerships. The main reasons for this are the internationally competitive conditions for business development in the area of corporate law, the tax system, and the well-developed professional financial services industry of the Netherlands Antilles...
ELECTRONIC TRANSACTIONS IN THE DUTCH CARIBBEAN
Posted on May 24, 2008A digital signature has the same legal effect as a hand-written signature The Ordinance on agreements concluded electronically (?Landsverordening overeenkomsten langs elektronische weg?) became effective on 1 January 2001. Trade, financial services and other commercial activities are being conducted electronically at a rapidly growing rate...
AESX PLATFORMS ANNOUNCES LAUNCH OF WEST AFRICA SUSTAINABLE ECONOMIC INITIATIVE
Posted on May 21, 2008The Alternative Electronic Stock Exchange has created a specialty exchange for sustainable (financial and social) investing, the MicroFinance Exchange MFDAQ. The MicroFinance Exchange announced yesterday (20 May 2008) the availability for subscription of the first social enterprise to seek capital through the Exchange...
COMPLIANCE IN THE DUTCH CARIBBEAN
Posted on May 20, 2008Curacao considers how the US deals with compliance Compliance is essentially about systems and procedures at corporations, banks, funds, trust offices, insurance companies and the like, to ensure that their officers and employees are aware of and take steps to comply with the relevant laws and regulations...
FILING FOR BANKRUPTCY IN THE DUTCH CARIBBEAN
Posted on May 17, 2008The ultimate recourse against a person not paying his debts The bankruptcy order can be applied for either by the debtor or by one or more of its creditors. If the debtor is a company then, pursuant to Article 2:8 par. 4 of the Civil Code, the managing directors do not have the authority to file [...
DUTCH CARIBBEAN HEDGE FUNDS
Posted on May 13, 2008Curacao provides a favorable climate for hedge funds Curacao, part of the Netherlands Antilles, currently provides a favorable tax, legal and regulatory climate for hedge funds. A fund vehicle can be established quickly and flexibly. Additionally, the current regulatory regime for the supervision of investment institutions and administrators and the anti-money laundering rules provide comfort for [...
HERO BRINKMAN AND THE DUTCH CARIBBEAN POLITICIANS
Posted on May 08, 2008If you want to read about my personal views on Hero Brinkman click here (in Dutch only). Karel Frielink
DUTCH CARIBBEAN BUSINESS LICENSES
Posted on May 06, 2008Citizens versus non-citizens According to the Netherlands Antilles Ordinance on the Establishment of Businesses (?Landsverordening betreffende vestiging van ondernemingen?, PB 1946 nr. 43) a license is required to establish a company (?vestigingsvergunning?)...
DUTCH CARIBBEAN ANTI-MONEY-LAUNDERING REGULATIONS (II)
Posted on May 03, 2008Filing MOT report no blanket protection A provider of financial services, e.g. a bank, has the obligation under Section 11 of the MOT (National Ordinance Penalization Money Laundering) to report to the Financial Intelligence Unit (FIU), without delay, any unusual transaction made or proposed...
DUTCH CARIBBEAN ANTI-MONEY-LAUNDERING REGULATIONS (I)
Posted on April 29, 2008An overview Important Netherlands Antilles anti-money-laundering regulations include the National Ordinance Penalization Money Laundering (?Landsverordening Strafbaarstelling Witwassen van Geld?, ?NOML?) which criminalizes money laundering, and the National Ordinance on the Reporting of Unusual Transactions (?Landsverordening Melding Ongebruikelijke Transacties?, ?MOT?)...
PROTECTING ONES ASSETS IN A TAX FRIENDLY ENVIRONMENT
Posted on April 22, 2008Dutch Caribbean as the jurisdiction of choice There are millions of people around the world who can be called wealthy. Many of them want to protect their wealth, against political instability, for example. To do so they can choose among various jurisdictions...
ORDINARY VERSUS SUMMARY PROCEEDINGS IN THE DUTCH CARIBBEAN
Posted on April 19, 2008Interlocutory or summary proceedings provide for immediate relief Article 110 of the Netherlands Antilles and Aruba Code of Civil Procedure (?the Code?) provides that all adversarial proceedings shall be initiated by means of a petition to the court of first instance...
THE SUPREME COURT OF THE KINGDOM OF THE NETHERLANDS IN CIVIL PROCEEDINGS
Posted on April 15, 2008It serves the whole Kingdom The Kingdom of the Netherlands is comprised of three separate jurisdictions, the Netherlands (i.e.: the part of the Kingdom located in North Western Europe), the Netherlands Antilles and Aruba. The Netherlands Antilles and Aruba have their own code of civil procedure, which in certain respects is similar, but not identical to [...
STANDARDS OF DUE PROCESS IN THE NETHERLANDS ANTILLES AND ARUBA
Posted on April 12, 2008The Supreme Court applies strict standards The European Convention for the Protection of Human Rights and Fundamental Freedoms (?EVRM?), including Article 6, which safeguards the right of due process, applies to the standards of due process applicable in the Netherlands Antilles and Aruba...
RESOLUTION OF PROBLEMS IN OR OUTSIDE THE COURT?
Posted on April 08, 2008Arbitration A party can initiate legal proceedings in a court of law to solve a legal dispute. Alternatively, the parties may opt to appoint one or more persons (arbitrators) to decide on the dispute and by whose decision they both agree to be bound. Why would one opt for binding dispute resolution (arbitration) over regular litigation? There [...
CORPORATE CONFLICTS OF INTERESTS UNDER THE LAWS OF THE DUTCH CARIBBEAN
Posted on April 05, 2008A particular provision may help to prevent disputes The board of directors has the function of managing, i.e., making policy and conducting the day-to-day management of the corporation. Except for restrictions in the articles of association, the board of directors is responsible for the management of the BV or NV (private or public limited liability company) [...
LAW FIRM MARKETING
Posted on April 01, 2008It is not about size In many cases and for many clients, the size of a law firm is not of much importance. What is important may differ from client to client, however the following more or less general concepts will undoubtedly play a role: the attitude of the professional, the quality of the services provided, [...
INSIDER TRADING IN THE DUTCH CARIBBEAN
Posted on March 29, 2008A criminal offense The Netherlands Antilles Ordinance on the Supervision of Stock Exchanges 1998 (?Landsverordening toezicht effectenbeurzen 1988?) contains a prohibition on insider trading. Any person who is in possession of inside information is prohibited from carrying out a transaction or being instrumental in a transaction in securities in a company listed on a Netherlands Antilles stock [...
WILDERS MOVIE WIDELY CONDEMNED
Posted on March 28, 2008The Dutch Prime Minister Jan Peter Balkenende has reacted to the provocative film Fitna (’strife‘) that Member of Parliament Mr. Geert Wilders has released on the internet on 27 March. Prime Minister Jan Peter Balkenende (click here for the Arabic version): ‘On behalf of the Dutch government, I would like to respond to the online film by Mr Wilders...
NEGOTIATIONS IN THE DUTCH CARIBBEAN ARE SUBJECT TO THE PRINCIPLE OF GOOD FAITH
Posted on March 24, 2008Disclosing or investigating? Under Dutch Caribbean law, during negotiations parties enter into a contractual relationship governed by good faith. This means that each party should take into account the justified interests of the other party. Each party should also take reasonable steps to avoid the other party reaching an agreement based on false assumptions...
DEMERGERS IN THE DUTCH CARIBBEAN
Posted on March 21, 2008Transfer of business or legal split-off A split-off can take place by transferring part of the business of a company to its shareholders by way of a dividend in kind. In the event the split-off concerns a subsidiary, the payment in kind would be in the form of shares in such subsidiary...
INTERNAL LIABILITY OF MANAGING DIRECTORS UNDER DUTCH CARIBBEAN LAW
Posted on March 17, 2008Review without the benefit of hindsight The basic rule regarding the duty of a managing director is set forth in article 2:14 Netherlands Antilles Civil Code, which provides that each managing director has an obligation towards the company to perform properly the duties assigned to him...
MiFID: WILL IT AFFECT THE DUTCH CARIBBEAN?
Posted on March 14, 2008Markets in Financial Instruments Directive MiFID is an EU directive which provides a harmonized regulatory regime for investment services for all members of the European Economic Area and which became effective on 1 November 2007. MiFID?s objectives are to increase competition ? and thus to make the price of corporate finance deals more competitive ? and [...
JUNIOR VERSUS SENIOR DEBT IN THE DUTCH CARIBBEAN
Posted on March 10, 2008High versus lower ranking debt A corporate take-over can be financed with debt and/or equity. For example, the current management of a company (the target) could incorporate a corporate vehicle (Newco) to acquire the shares of the target, while Newco is financed by banks or other lending institutions...
PROMOTING GAMBLING AND GAMING FROM THE DUTCH CARIBBEAN
Posted on March 07, 2008No specific law regarding advertisement In the Netherlands Antilles there is no specific law relating to advertisement or promotion of on-line gambling/gaming; subsequently there are no restrictions to advertisement and promotion of these games to Netherlands Antilles citizens nor to citizens of other nations...
TRANSFER OF STATUTORY SEAT WITHIN THE KINGDOM OF THE NETHERLANDS
Posted on March 03, 2008A remedy against extraordinary events Upon the occurrence of certain extraordinary events, such as war, or immediate danger of war, or a revolution, a transfer of seat of a company is possible to other parts of the Kingdom, i.e., the Netherlands and Aruba (Act on Voluntary Transfer of Seat; ?Rijkswet vrijwillige zetelverplaatsing van rechtspersonen?)...
WILDERS ANTI-KORAN FILM: THE NETHERLANDS FEARS ATTACKS ON PEOPLE AND PROPERTIES
Posted on February 29, 2008Calls to kill Mr. Wilders should be strongly condemned Freedom of expression is one of the cornerstones of the Dutch democracy. Within the boundaries of the law, one may say whatever one wants to say. But even within these boundaries, expressing one?s view can be highly irresponsible, especially if the purpose thereof is to demonize and [...
SABINE ALTENA STRENGHTENS CURACAO FUND TEAM
Posted on February 29, 2008Top fund lawyer joins Spigthoff Curacao Sabine Altena joined Spigthoff and will start working in the Curacao office as of the first of March 2008. She will strengthen Spigthoff?s fund team. This team also consists of Maike Bergervoet and Karel Frielink...
HOW MANY POLITICIANS DO WE NEED IN THE NETHERLANDS PARLIAMENT?
Posted on February 27, 2008150 + 75 members seems too much The Dutch House of Representatives or lower house (?Tweede Kamer?) counts 150 members (MPs). Members of the Tweede Kamer receive an allowance for expenses for their work. This is called compensation (?schadeloosstelling?)...
DUTCH MAILBOX COMPANIES
Posted on February 25, 2008It?s not merely a mailbox According to the OECD (Organization for Economic Co-operation and Development), a tax haven (or offshore jurisdiction) is a jurisdiction which actively makes itself available for the avoidance of taxes which would otherwise be paid in a higher tax jurisdiction...
SELLING LEASED PROPERTY IN THE NETHERLANDS ANTILLES
Posted on February 22, 2008The lessee will be protected (in principle) As a general principle, the rights of a lessee must be protected in the event leased property is sold. Therefore, according to Dutch Caribbean law, in the event of the sale of a leased property, either a regular sale or through a foreclosure sale, the (material) obligations in the lease [...
TELEPHONE TAPING BY BANKS IN THE DUTCH CARIBBEAN
Posted on February 18, 2008It is common practice It is common practice around the world for (dealing rooms of) banks and brokers to tape conversations with their clients in order to avoid misunderstandings as to the selling or buying instructions given by the clients. There are no specific laws or regulations in the Netherlands Antilles applicable on this aspect of [...
TRUST COMPANIES IN THE DUTCH CARIBBEAN
Posted on February 15, 2008A license is required In many international group structures, one or more Netherlands Antilles legal entities or companies (offshore companies) are inserted. This is mainly done for tax reasons. Another reason for using a Netherlands Antilles company may be to have a company with a seat in a respected jurisdiction with a well functioning legal and [...
MARKETING EFFORTS BY FOREIGN COMPANIES IN ARUBA AND TAX CONSEQUENCES
Posted on February 11, 2008Permanent establishment creates a taxable presence Foreign companies may wish to promote their products in Aruba. Do marketing activities result in taxable activities in Aruba? In Aruba the profit tax law applies the concept of the permanent establishment that creates a taxable presence without providing a definition...
NATALEE HOLLOWAY CASE: ETHICAL AND OTHER ISSUES
Posted on February 07, 2008Undercover operation and huge TV circus ethical? Crime reporter Peter R. de Vries paid the 34-year old business man who befriended and secretly recorded Joran van der Sloot some US$ 35,000. Bounty hunters are a well-known phenomena, also on TV, as are rewards offered by police or private persons...
NATALEE HOLLOWAY: CASE SOLVED?
Posted on February 05, 2008Not yet, not yet at all Dutch television aired a videotape last Sunday, in which Joran van der Sloot says he was with Natalee Holloway on an Aruban beach when she apparently died and that a friend of his with a boat disposed of Holloway’s body (further details here on CNN)...
REFORMING DUTCH CARIBBEAN INSURANCE LAW
Posted on February 01, 2008Draft bill presented Last month a draft bill for new statutory provisions governing contracts of insurance was presented for debate to professional circles such as insurance companies, intermediaries, the chamber of commerce, consumer organizations, the bar association, and the central bank...
ATTRACTING FUNDS IN THE DUTCH CARIBBEAN
Posted on January 28, 2008Attracting funds from the public at large is prohibited Article 45 of the Netherlands Antilles Ordinance on the Supervision of Banks and Credit Institutions 1994 (?Landsverordening Toezicht Bank- en Kredietwezen 1994?) prohibits anyone to directly or indirectly turn to the public in the Netherlands Antilles with a view to the attracting of funds by anyone other [...
PROTECTING YOUR GOODS AND SERVICES UNDER DUTCH CARIBBEAN TRADEMARK LAW
Posted on January 25, 2008Battle of the Stripes: Who will win? Like many of its customers wearing the very popular 3-stripe pattern, Sporting goods giant Adidas enjoys a good, sportive battle with opponents. However, in the case of Adidas, the battleground is not the football pitch, or the basketball or tennis court, but the legal arena...
THE RIGHT OF PLEDGE IN THE EVENT OF A BANKRUPTCY UNDER DUTCH CARIBBEAN LAW
Posted on January 21, 2008Pledgee may exercise rights as if there is no bankruptcy Article 53 paragraph 1 of the Bankruptcy Act of the Netherlands Antilles states that a pledgee can exercise its rights as if there is no bankruptcy. Permission or co-operation of the trustee in bankruptcy is not required...
WHAT IS DUTCH CARIBBEAN CORPORATE LAW ABOUT?
Posted on January 18, 2008It is a broad concept Corporate law is a broad concept. A Netherlands Antilles corporate lawyer (attorney) deals with a variety of matters, a.o., the original establishment of businesses, the initial capitalization, ongoing financing transactions (private equity and debt), corporate governance, (cross-border) contractual relationships, joint ventures, shareholders? agreements and directors? liability...
SEIZING ASSETS IN THE DUTCH CARIBBEAN
Posted on January 14, 2008Court approval required Seizing assets of a counterparty may already be possible at a time when the claim (e.g. under an agreement or a guarantee) is not yet due, but where there is good reason to believe that, when it will become due, the other party will not honor its obligations...
299 STEPS TO WEBSITE HEAVEN
Posted on January 14, 2008A must have Ebook 299 Steps to Website Heaven is a must have Ebook for all small and medium sized businesses with websites and is written by Nikki Pilkington. Written in bite size chunks, the ‘299 steps’ approach allows you to make the most of your website without being overwhelmed...
UNLAWFUL ACTS UNDER THE LAWS OF THE DUTCH CARIBBEAN
Posted on January 11, 2008Several requirements apply Article 6:162 section 1 Netherlands Antilles Civil Code (NACC) stipulates four conditions for someone?s obligation to compensate damage based on an unlawful act (tort): A person has committed an unlawful act (?onrechtmatige daad?) against another person; and The act can be attributed (?toegerekend?) to that person; and Some other person has suffered damage (?schade?); and The unlawful [...
BARACK OBAMA: WHAT HAS THE DUTCH CARIBBEAN TO GAIN OR TO LOSE?
Posted on January 08, 2008What if he becomes the next President of the U.S.? We have seen the results in Iowa and New Hampshire: Barack Obama gained much attention and got many votes. So there is a (slight) chance that he might be the Democratic candidate in the U.S. Presidential race, although no one should underestimate Hillary Clinton...
NEW GERMAN GAMING LAW IN VIOLATION WITH EU LAW
Posted on January 08, 2008State monopolies granted exclusivity New gaming/gambling legislation entered into force in Germany on 1 January 2008. Although one would expect Germany to observe the laws and regulations of the European Community, it confirmed the country’s state monopolies on lotteries and sports betting and, despite several judgments of the Court of Justice of the EU (e...
THE GLAMOROUS LIFE OF LAWYERS?
Posted on January 07, 2008The New York Times on the Falling-Down Professions Glitter. Glamour. Being a star. Making millions. Ally McBeal. L.A. Law expectations? Reality is different though, or isn?t it? Apparently, starters want it all and quick, quick, quick (click here for the whole story)...
KPMG CURACAO (NETHERLANDS ANTILLES) IS SEEKING: A (SENIOR) MANAGER/DIRECTOR - AUDIT
Posted on January 07, 2008Professional for assurance engagements in the financial services sector KPMG is a US $ 11 billion professional services organization with 100,000 people in over 830 offices in 160 countries, helping turn knowledge into value for its clients worldwide...
WEBSITE PROMOTION, SEO AND WEBSITE MARKETING
Posted on January 07, 2008Save money You want more hits and more traffic to your website? There is a lot you can do yourself to promote your website. It isn’t necessary to spend thousands of dollars or even pounds. There is an E-book to educate yourself and it only costs £20...
WEIRD COURT CASES
Posted on January 04, 2008From coin toss to suing God Professor Gary Slapper is a collector of amusing and curious anecdotes from the world of law. The most recent one he described is about a judge who called for a coin toss to decide a family dispute but finds himself tossed from the bench...
THE DAY AFTER
Posted on January 01, 2008When the going gets tough, you should have Spigthoff on your side What about your New Year?s Resolutions? The early Babylonian?s most popular resolution was to return borrowed farm equipment. Did you promise to lose weight or to quit smoking or to return something you borrowed? What about professional services (legal, tax) you might or will [...
A HAPPY NEW YEAR TO ALL OF YOU
Posted on December 31, 2007To all for whom the new year starts on 1 January (Gregorian calendar) All of us at Spigthoff Attorneys & Tax Advisers LLC wish you a happy and prosperous 2008. Bon aña nobo i tur kos bon! We hope to be of service to you (again) in 2008. Best wishes, Karel Frielink
CONSTITUTIONAL RESTRUCTURING PROCESS IN THE NETHERLANDS ANTILLES
Posted on December 28, 2007What are some struggles that lay ahead for Curacao? Soon, i.e. somewhere in 2009, Curacao will become an autonomous island within the Kingdom of the Netherlands. It is the next step in the development of the former colony Curacao into a more or less independent country...
Related Law Articles
Pre-paid Leagal Services
What are Prepaid Legal Benefit Plans
Legal Forms
Business and Commercial Legal Forms
Best Law Movies
Greatest Legal Movies selected by ABA Journal
Law & Order Depicts Police Procedures and Criminal Justice
Accuracy of Criminal Justice Depiction on Television
Related Law Questions
Did I harass someone?
Oh, yes. This can be taken in as so many things, especially since you had testif...
How to evict a roommate?
First, in most jurisdictions "self-help" is not a remedy available to any party ...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
How do you recover money from a stop payment placed on a personal check given to you?
you can always take them to small claims court and sure them for 3 times the amo...
The company I worked for forced me to quit instead of dealing with someone harassing me, what can I do?
Look up CONSTRUCTIVE DISCHARGE...................this looks like what happened t...
#1 Online Legal Resource
On 08-28 at 21:13PM
Ten months later, Fed must reveal names of emergency lending recipients #FOIA
On 08-25 at 19:02PM
Squeaky Fromme, would-be Ford assassin and Manson devotee, released from prison
On 08-14 at 15:19PM
Likely unintended consequence of cash-for-clunkers stimulus is dampening of 2010 spending
On 08-14 at 14:34PM
Palm seeks to halt Palm Pre Android theme on copyright and trademark ground
On 08-12 at 17:30PM
Congressional investigation demonstrates Karl Rove lied about his active role in US attorney's firing
On 08-12 at 16:20PM
Family of New York City swine flu victim to sue city for failure to secure school #nyc #swineflu
On 08-12 at 12:59PM
Real Network's DVD copying software deemed to break DMCA's anti-circumvention provisions
On 08-12 at 12:57PM
Prepaid funeral operators indicted for $100 Million fraud
On 08-12 at 12:53PM
NY Jets join Cincinnati, Dallas, Green Bay, Houston & Seattle #NFL teams offering branded state lottery games
On 08-12 at 12:43PM
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.
Did I harass someone?
Oh, yes. This can be taken in as so many things, especially since you had testif...
How to evict a roommate?
First, in most jurisdictions "self-help" is not a remedy available to any party ...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
How do you recover money from a stop payment placed on a personal check given to you?
you can always take them to small claims court and sure them for 3 times the amo...
The company I worked for forced me to quit instead of dealing with someone harassing me, what can I do?
Look up CONSTRUCTIVE DISCHARGE...................this looks like what happened t...
 |
|
Contact Us | About Us | Celebrity Law Blog |
Our Partners | Disclaimer
| Law Blog Directory
| Law Jobs
| Law Tweets
| GoDaddy Hosting
All original material © 1999-2009 by USLaw.com. |