GOODBYE AND SEE YOU IN 2006

Thank you
2005 has been a wonderful year. I say ‘thank you’ to all friends who contributed to my well-being. I have met many new friends, in person and virtual, and I have learned a lot. Life is still exciting.
And I sincerely hope that those friends of mine who are suffering from depression or who [...]

MY NETWORKING MISSION FOR 2006

Curacao is unstoppable
My mission: to combine the global knowledge, skills and experiences of the most dedicated (networking) professionals and to make it accessible to and useful for the business community on Curacao.
Vision: the world is changing dramatically. Globalization is no longer about large companies operating on a global scale, but about small(er) companies (and even [...]

SHOULD LAWYERS BE HAPPY PERSONS?

Are happy lawyers better lawyers?
I’m not addressing the issue of income, although I assume many choose to become a lawyer because of the money (and prestige) involved. Fact is that lawyers have one of the highest rates of depression and burn-out among the professional careers.
The question is whether ‘happy lawyers’ are better lawyers? And if [...]

REGULATORY ASPECTS OF A FINCO AND GROUPFINCO UNDER THE LAWS OF THE NETHERLANDS ANTILLES

Several exemptions available
In the Netherlands Antilles National Decree of 1995 constituting general requirements pursuant to article 1 (3) of the National Ordinance on the supervision of banking and credit institutions 1994, Groupfinco’s (‘concernfinancieringsmaatschappijen’) have been exempted from the application of the Ordinance.
The Decree defines “Groupfinco’s” as Credit Institutions, which (i) form part of a “Group”, [...]

THE MAKING OF THIS WEBLOG

Steve Purkiss is the man behind the design and the software
I am just an attorney. With almost no experience in web building, I contacted my Toronto-based friend Steve Purkiss a couple of months ago. I told him about my desire to have my own legal blog.
He advised WordPress, with easy page editing and weblogging facilities. [...]

CROSS-BORDER LEGAL MERGERS IN EUROPE

Freedom of such mergers confirmed

According to a press release of the European Commission the general refusal in Germany to register a legal merger between companies in the commercial register where one is established in another member state is contrary to community law.
“This difference in treatment between companies, according to whether the merger is internal or [...]

INVESTMENT COMPANY REGULATIONS IN THE NETHERLANDS ANTILLES

Holding companies are not investing
An investment company is a company that raises or has obtained pecuniary means or other property to be used for collective investment with the objective of allowing the participants to benefit of the revenues of the investments.
The Netherlands Antilles National Ordinance Supervision of Investment Institutions and Administrators (‘Landsverordening Toezicht Beleggingsinstellingen en [...]

SCANNED EVIDENCE UNDER THE LAWS OF THE NETHERLANDS ANTILLES AND ARUBA

Electronic files will not be disregarded as evidence
A Netherlands Antilles or Aruban court may base its decision on facts only. If something is not disputed by the parties it is such a fact, even if it does not correspond with reality. For example, if both parties state that they were involved in a fight in [...]

SENSITIVE TRANSACTIONS

Facilitating payments versus bribery?

Many companies operate in many countries. Sometimes local custom and practice dictate that like tipping a waiter, a company pays for (government) services to speed-up a certain process or application. Why would you wait five months for getting electricity to your factory if you can get it in three weeks? However, these [...]

NEW SWEEPSTAKES REGULATIONS IN THE NETHERLANDS

Sweepstakes are popular for product promotion
Article 1 of the Netherlands Act on Games of Change prohibits: absent a permit, offering the opportunity of contending for prizes or bonuses if the winner is selected by any determination of chance, which determination is not subject to a preponderating influence by the participant. Therefore, games of chance (e.g. [...]