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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).
By Karel Frielink

Post Frequency: 1/day

Last Entry: November 02, 2020 at 12:06:26

INTERNAL LIABILITY OF MANAGING DIRECTORS UNDER DUTCH CARIBBEAN LAW

Posted on March 17, 2008
Review 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, 2008
Markets 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, 2008
High 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, 2008
No 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...

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TRANSFER OF STATUTORY SEAT WITHIN THE KINGDOM OF THE NETHERLANDS

Posted on March 03, 2008
A 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, 2008
Calls 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, 2008
Top 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, 2008
150 + 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, 2008
It?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, 2008
The 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, 2008
It 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, 2008
A 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, 2008
Permanent 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, 2008
Undercover 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, 2008
Not 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, 2008
Draft 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, 2008
Attracting 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, 2008
Battle 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, 2008
Pledgee 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, 2008
It 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, 2008
Court 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, 2008
A 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, 2008
Several 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, 2008
What 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, 2008
State 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, 2008
The 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, 2008
Professional 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, 2008
Save 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, 2008
From 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, 2008
When 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 [...

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