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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: 3.2/day

Last Entry: May 17, 2013 at 00:00:51

LITIGATION IS A SKILLED PROFESSION (part 4)

Posted on May 17, 2013
Statement of Defense As the defending party you have to put up a defense (Statement of Defense) and in this regard this statement should not only be clear and complete but you should also know for instance what formal defenses you should advance. With regard to the latter for instance the plea of limitation of action comes to mind...

LITIGATION IS A SKILLED PROFESSION (part 3)

Posted on May 10, 2013
Foreign law It often happens that for instance the court in Curacao has jurisdiction to hear a case but the claim is governed by the law of another country. In that case the court must be informed of the contents of that foreign law by the parties. Obviously, before you institute these proceedings you must have examined whether your claim has any chance of success...

EUROPE MEETS THE AMERICAS

Posted on May 08, 2013
Aruba Business Conference 2013 From May 5th till May 8th 2013 the trade mission ?Europe meets the Americas? was held on Aruba. The conference offered the unique opportunity to connect face-to-face with potential partners from Latin America, the Caribbean region, Europe all present in one place...

LITIGATION IS A SKILLED PROFESSION (part 2)

Posted on May 03, 2013
Which court is competent to hear the case? In order to answer the question of which court you should bring your action before, the type of claim can also be important. In Curacao you must bring your claim for collection of a sum of money or a dispute involving a take-over contract before the Court of First Instance...

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KONINKLIJK ALS HET KAN?.

Posted on April 29, 2013
The post KONINKLIJK ALS HET KAN…. appeared first on Karel's Legal Blog.

LITIGATION IS A SKILLED PROFESSION (part 1)

Posted on April 26, 2013
Everything boils down to knowledge and experience Litigation appears to be simple. For instance you have a monetary claim on someone (a private person or an enterprise) and you ask the court to determine in a judgment that you indeed have this claim. And you ask the court that the counterparty be ordered to pay the claim...

BANKING REGULATION IN CURACAO

Posted on April 24, 2013
Getting The Deal Through Getting the Deal Through has published the fully revised and updated sixth edition of Banking Regulation, a volume in its series of annual reports, which provide international analysis in key areas of law and policy for corporate counsel, cross-border legal practitioners and business people...

ENSURING GOOD CORPORATE GOVERNANCE IN CURACAO

Posted on April 19, 2013
Government (not) at a distance Spigt Dutch Caribbean contributed to this years edition of the PLC Practical Law Multi-Jurisdictional Guide on Corporate Governance. Click here for the Cura�ao Chapter ‘Government-owned companies: ensuring good corporate governance in Cura�ao‘ and visit PLC Practical Law for the full guide...

CROSS BORDER CONVERSION AND MERGER (part 10)

Posted on April 12, 2013
Legal entities under supervision So far we have only looked at legal entities not under the supervision of the Central Bank of Curacao and St. Maarten (CBCS). Just a few words about institutions that are under supervision. The following applies to banks with a registered seat in Curacao for instance...

CROSS BORDER CONVERSION AND MERGER (part 9)

Posted on April 05, 2013
The cross-border merger We now look at the cross-border legal merger. Before 1 January 2012 the possibility already existed in Curacao that in connection with a merger, a foreign legal entity as the disappearing legal entity could merge with a comparable legal form of Book 2 of the Civil Code on the condition that the law governing that foreign legal entity was not incompatible with the merger and the manner in which it was brought about (Section 2:323a of the Civil Code)...

CROSS BORDER CONVERSION AND MERGER (part 8)

Posted on March 29, 2013
Changes in Curacao as of 1 January 2012 The most important amendment in the Curacao provision with regard to the conversion of an NV or BV into a foreign legal entity (outbound) is that the requirement of the personal notice of liability by managing directors and shareholders has been removed as from 1 January 2012 onwards, except for the case mentioned below...

CROSS BORDER CONVERSION AND MERGER (part 7)

Posted on March 22, 2013
The conversion of or into a foundation If a foreign legal entity wants to be converted into a Curacao foundation (inbound) the Court in Curacao must grant consent (Section 2:303 subsection 2 of the Civil Code). I was unable to find any explanation of this in the Explanatory Memorandums of Book 2 of the Civil Code of 2003 and 2010...

CURACAO & PRIVATE CLIENTS: A PRACTICAL (TAX) LAW GUIDE

Posted on March 19, 2013
The law and leading lawyers worldwide Spigt Dutch Caribbean contributed to this years edition of the PLC Practical Law Guide for Private Clients. Click here for the Curacao chapter and visit PLC for the full guide. Practical Law Company (PLC) is the leading provider of legal know-how, transactional analysis and market intelligence for lawyers...

CHAMBERS AND PARTNERS QUALITY RANKINGS 2013

Posted on March 19, 2013
Spigt Dutch Caribbean still a number 1 firm International publisher Chambers and Partners published its global ranking of law firms ‘Chambers Global’ on 14 March 2013. In its survey Chambers Global 2013, Chambers and Partners ranks Spigt Dutch Caribbean as Leading Firm...

CROSS BORDER CONVERSION AND MERGER (part 6)

Posted on March 15, 2013
The conversion under the law of Curacao Back to Curacao and the doctrine of conversion. I only intend to discuss several aspects of this. The conversion has been provided for in Sections 2:300 et seq. of the Civil Code. The conversion of a foreign legal entity into a Curacao entity has been provided for in Section 2:303 of the Civil Code (immigration)...

ORDER OF THE COMMON APPEAL COURT OF CURACAO CONCERNING THE RIGHT TO INSTITUTE AN INQUIRY

Posted on March 07, 2013
The Appeal Court has taken several fundamental decisions On 5 March 2013 the Common Court of Justice of Aruba, Curacao, Sint Maarten and of Bonaire, Sint Eustatius and Saba (case: Ghis 55769 ? HAR 28/12) issued an order in connection with inquiry proceedings...

CROSS BORDER CONVERSION AND MERGER (part 5)

Posted on March 07, 2013
Aruba Aruba has already been ‘a foreign country’ for quite some time compared with Curacao for instance. After Aruba left the Netherlands Antilles, a transfer of seat to or from the Netherlands Antilles was no longer possible. If there was a desire to transfer the seat of a company registered in Aruba to Curacao or the other way around, this had to be done via a detour for instance first a transfer of seat to the Cayman Islands and then a transfer through to Curacao or Aruba respectively...

BESCHIKKING INZAKE ENQUETERECHT GEMEENSCHAPPELIJK HOF CURACAO

Posted on March 05, 2013
Het Hof neemt enkele principi�le beslissingen Op 5 maart 2013 heeft het Gemeenschappelijk Hof van Justitie van Aruba, Cura�ao, Sint Maarten en van Bonaire, Sint Eustatius en Saba (zaak: Ghis 55769 ? HAR 28/12) een beschikking in het kader van een enqu�teprocedure gegeven...

LECTURE ON GOOD CORPORATE GOVERNANCE

Posted on February 28, 2013
Looking back on the future: the further development of corporate governance in Cura�ao A seminar on Checks and Balances in Corporate Governance on Curacao, was held on Thursday February 21st, 2013. More than 125 interested managing directors, supervisory directors, lawyers, accountants and other participants were in attendance...

CROSS BORDER CONVERSION AND MERGER (part 4)

Posted on February 28, 2013
From Bonaire to the Netherlands? In 2011 attempts were made to transfer a BV with its registered seat in Bonaire to Rotterdam by means of an amendment to the articles of association whereby the old registered seat was replaced by the new one and the articles of association of the BV were organized according to the Dutch Book 2 of the Civil Code...

CROSS BORDER CONVERSION AND MERGER (part 3)

Posted on February 21, 2013
Within the Kingdom Under the Transfer of Seat Ordinance it is for instance impossible to transfer to Aruba or St. Maarten. Article 38 paragraph 4 of the Charter of the Kingdom of the Netherlands provides that the subject of transfer of seat of legal entities must be regulated in a Kingdom Act...

CROSS BORDER CONVERSION AND MERGER (part 2)

Posted on February 14, 2013
Transfer of the seat The cross-border conversion was already known in the past as the doctrine of the transfer of the seat. Just a few words about this. The transfer of seat had been regulated in the Transfer of Seat to Third Countries Ordinance (Landsverordening zetelverplaatsing derde landen)...

PUBLIC AUTHORITIES AND GOOD GOVERNANCE

Posted on February 12, 2013
European Court of Human Rights on good governance The European Court of Human Rights (2 October 2012, Case of Czaja v. Poland, 5744/05) reiterates the particular importance of the principle of good governance. It requires that where an issue pertaining to the general interest is at stake, especially when it affects fundamental human rights, including property rights, the public authorities must act promptly and in an appropriate and above all consistent manner...

Cross border conversion and merger (part 1)

Posted on February 10, 2013
Recent developments The Netherlands Antilles ceased to exist as a country on 10 October 2010. Curacao and Sint Maarten have become independent countries within the Kingdom of the Netherlands, just as Aruba had already been for quite some time. Bonaire, St...

TAKING OVER CONTROL OF A CURACAO COMPANY THROUGH A FOREIGN COURT DECISION

Posted on February 07, 2013
The powers of a foreign appointee will not be recognized According to Curacao private international law, the appointment and dismissal of board members of a company as well as decisions limiting their powers is governed by the laws of the jurisdiction under which the company is incorporated...

CONFLICTING INTERESTS IN CURACAO INSOLVENCY LAW (part 8)

Posted on January 31, 2013
Final remarks The receiver can be faced with a multitude of conflicting interests. Often he will be able to reach a weighing of interests relatively quickly and without many problems, but sometimes he has to balance on a thin bankruptcy tightrope. In doing so the law offers him hardly any support and neither does case law due to it being strongly case-based, although there is the reassuring fact that from a liability point of view many of his decisions should ‘only’ be able to bear a limited review...

QUEEN BEATRIX ABDICATES IN FAVOR OF SON

Posted on January 28, 2013
The Queen will formally stand down on 30 April 2013 Queen Beatrix of the Netherlands announced earlier today that she will abdicate on April 30 after 33 years as head of state. The abdication secures the Dutch throne for Crown-Prince Willem-Alexander at the age of 45...

CONFLICTING INTERESTS IN CURACAO INSOLVENCY LAW (part 7)

Posted on January 24, 2013
Conflicting interests in connection with consolidated business operations When multiple companies of the same group go bankrupt, it can be of major importance for a creditor of one of these companies to know how the winding up is developing of one or more of the other companies...

CONFLICTING INTERESTS IN CURACAO INSOLVENCY LAW (part 6)

Posted on January 17, 2013
Conflicting interests of different bankruptcy estates The management of different but associated bankruptcy estates can be entrusted to one and the same person who therefore is appointed several times as receiver. In this connection group relationships come to mind...

CONFLICTING INTERESTS IN CURACAO INSOLVENCY LAW (part 5)

Posted on January 10, 2013
Different types of interests A receiver cannot escape the weighing of interests. Such a weighing should be verifiable. The line of thought followed by the receiver should be clear. Particularly because, apart from his liability and remuneration, these being of a different order, he has no self-interest in the winding-up of the bankrupt estate, the receiver is the obvious person to weigh the interests...

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