Karel’s Legal Blog

Derivative suits may help to improve responsible management
A derivative suit is a civil lawsuit filed by shareholders on behalf of a corporation (they sue on the basis of a representative capacity) asserting rights of the corporation in the absence of corporate action to protect those rights. Derivative suits are an interesting tool in the event […]

Filed under: legal by Karel.Frielink
No Comments »

Is an ISP under an obligation to reveal customer information when the customer misuses the internet?
Internet service providers in general shall preserve the confidentiality of the proprietary information and communications of their customers and prohibit the improper access to or use of such information and communications. However, it goes without saying that an ISP must […]

Filed under: legal by Karel.Frielink
No Comments »

It all comes down to integrity

We all make mistakes. Period. However, there is a difference between making mistakes and intentionally doing something wrong. Many belief that it is a lawyer’s second nature doing things wrong on purpose, especially lying and violating the truth. I have met such lawyers (who hasn’t?), but also many more who […]

Filed under: legal by Karel.Frielink
No Comments »

On-line gaming is a legitimate business
On-line gaming is a legitimate business activity in the Netherlands Antilles, especially Curaçao, provided the e-gaming company has obtained the proper license. The Netherlands Antilles (master) gaming licenses are based on the National Ordinance on Offshore Hazard Games.
There are two formats to be licensed:
a) having a master license or
b) having […]

Filed under: legal by Karel.Frielink
No Comments »

Infecting someone else his computer is punishable and illegal
The day before yesterday, I received an e-mail suggesting that my IP-address has been logged on more than 30 illegal websites. The sender: mail@cia.gov. A zip-file was attached and the sender wanted me to answer his questions. And guess what … I did not open the file.
On […]

Filed under: legal by Karel.Frielink
No Comments »

A lesson to learn from William Swanson
Today I received ‘Swanson’s (Un)Written Rules of Management’. William Swanson is Raytheon’s Chairman and CEO. In the preface of this little book, he explains that listening has always been very important to him; it should be important to lawyers / attorneys, too!
In this book, Swanson gives 25 straightforward directives. […]

Filed under: legal by Karel.Frielink
No Comments »

Set-off is one of the most complex legal concepts
Set-off (a.k.a. compensation or - in the financial markets- netting) under the laws of the Netherlands Antilles and Aruba gives a debtor the possibility of compensating his debt by a claim of his creditor, in which case both obligations are extinguished up to the amount which they […]

Filed under: legal by Karel.Frielink
No Comments »

Only possible in exceptional circumstances

Bankruptcy in general serves the purpose of liquidating assets and distributing the proceeds among the combined creditors.
Sometimes, several companies belonging to one and the same group of companies go bankrupt. In principle, the trustee in bankruptcy has to administer and liquidate the assets of each of the bankrupt estates individually.
A problem […]

Filed under: legal by Karel.Frielink
No Comments »

A fascinating book
In her book “Roots of our Future; A Commercial History of Curacao”, Linda M. Rupert presents an overview of the colorful commercial of Willemstad, Curacao. It covers over three hundred years.
Around 2500 BC the first Amerindians arrived on Curacao from northern South America. Around 500 AD members of the tribe of the […]

Filed under: legal by Karel.Frielink
No Comments »

Amendments may be adopted by a simple majority

The general meeting of shareholders may amend the articles of an NV or BV save for limitations in the articles itself. Unless the articles provide otherwise, amendments need to be adopted by a simple majority of votes. Usually, the articles require a special majority (e.g. 75% of the […]

Filed under: legal by Karel.Frielink
No Comments »