ORAL CONTRACTS ARE VALID AND BINDING UNDER THE LAWS OF THE NETHERLANDS ANTILLES AND ARUBA

There are certain exceptions
Many contracts are concluded on the telephone. Often a (fax) confirmation is sent of the most important terms of the transaction.
However, an oral contract as such creates a binding transaction under Netherlands Antilles and Aruban law. Oral agreements are valid and binding, unless the law requires certain formalities to be fulfilled. For [...]

E-COMMERCE IN THE NETHERLANDS ANTILLES E-ZONE

Setting up a company in the E-Zone of Curaçao
Curaçao has appointed several geographical areas as Economic Zones with the purpose of facilitating international trade and service companies, especially companies performing their business through electronic means.
In order to attract new business to the Netherlands Antilles, companies in such areas, i.e. “E-Zone companies” benefit from a favorable [...]

IS IT TRUE BECAUSE IT IS ON THE INTERNET?

Wikipedia victim of its policy?
There are many websites inviting you to contribute. Wikipedia, the world’s largest virtual encyclopedia, is one of them. However, people can post false information.
Recently, a man posted false information on this online encyclopedia linking a prominent journalist to the Kennedy assassinations. What started as a joke, became serious business. The journalist [...]

WHAT CAN YOU TEACH A LAWYER?

Lawyers must learn to communicate with mere mortals
Communication skills are particularly important for lawyers. On the one hand lawyers have to accurately debate legal issues with like-skilled/trained people and on the other hand they have to explain all this to people without any legal education, many of which are vulnerable. That is not as easy [...]

NON-POSSESSORY PLEDGE UNDER THE LAWS OF THE NETHERLANDS ANTILLES

A non-possessory pledge requires a deed
Especially in financing transactions, security rights are an important issue. A company may, for example, guarantee the obligations of another company under a certain loan facility. There are several alternatives, one of which will be discussed here.
Under the laws of the Netherlands Antilles there are several kinds of pledges, more [...]

ALMOST EVERY LAWYER OR LAW FIRM CLAIMS TO BE THE BEST

Are you looking for the hottest firm in town?
Whether you live in the UK, the USA or the Netherlands Antilles, almost every lawyer (attorney) or law firm claims to be the best, leading, etcetera. Why are they trying so hard? And does it do the trick for you?
Are you looking for the hottest firm in [...]

WHAT IS A DUE DILIGENCE INVESTIGATION?

Gathering and investigating legal, tax and other information
A prospective buyer of a company may want to investigate and gather as much information as possible about that company and its business. The main purpose is to decide whether to proceed with the transaction and establish areas of risk that need particular attention. More in general, the [...]

DOES YOUR LAWYER UNDERSTAND INTERNET?

What actually is an e-commerce lawyer?
Lawyers seem to be rather traditional people. They don’t control the internet; the technology experts do. Does your lawyer understand anything at all about your e-commerce business?
E-commerce differs from ‘traditional’ commercial activities in that it operates with multilevel efficiencies. It includes both one-way broadcasting and two-way communication with interactivity, and [...]

CURAÇAO

The Pearl and the Capital of the Caribbean
Despite the recent revolutionary changes of the fiscal and e-commerce legal framework in Curaçao, the Island is still not discovered on a broad scale by foreign exporters, especially exporters in Asia (China, Japan, Singapore, India, etc.). In particular those exporters should consider exporting to Latin America using Curaçao [...]

LIABILTY INSURANCE FOR DIRECTORS OF COMPANIES

A waste of money?
Under the laws of the Netherlands Antilles and Aruba, directors of companies can be held liable if they are engaged in grossly negligent or reckless conduct, intentional misconduct, or a knowing violation of law. In principle, such directors cannot be held personally liable for ordinary negligence or ordinary mistakes. Directors liability insurance [...]