Should their OCT status change to OMR?
The Netherlands Antilles and Aruba are subject to the special European Union arrangement regarding the Association of the Overseas Countries and Territories (OCT status). In its coalition agreement of the summer of 2003 the Dutch government has committed itself to make an effort to acknowledge the Netherlands Antilles and [...]
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The ultimate recourse against a company not paying its debts
The application for a bankruptcy order can be made either by the debtor itself or by one or more of its creditors.
If the debtor is a company, according to article 8 par. 4 of the Code on corporate law and other legal persons, the managing directors [...]
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The recognition and enforceability of foreign judgments in the absence of a treaty
In the absence of an applicable treaty between a foreign country (for example the U.S.) and the Netherlands Antilles, a judgment rendered by a U.S. court, will not be enforced by the Netherlands Antilles courts. In order to obtain a judgment which is [...]
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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 [...]
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Trust service providers are supervised by the Central Bank
On 23 December 2003, the National Ordinance on the Supervision of Trust Service Providers 2003 (‘Landsverordening toezicht trustwezen’) entered into force, which would place most trust offices and corporate services providers under direct supervision of the Central Bank. By virtue of this Ordinance, the National Ordinance on [...]
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Where are the shares and where can they be seized?
The Netherlands Antilles has a broad range of possibilities for creditors to get security for an alleged claim, even before judgement. Suppose you want to collect a claim and you are considering putting certain or all of your counterparty’s assets under arrest (freezing/seizing assets or conservatory [...]
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Will Daniel Pink’s ‘A Whole New Mind’ change our lives?
Daniel Pink’s well-written book ‘A Whole New Mind’ describes how the world is moving from the Information Age (left-brain dominance) to the Conceptual Age (right-brain) and what it takes for individuals and organizations to excel. Pink discusses six aptitudes which he believes to be essential and [...]
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US GAAP, Dutch GAAP, IAS, IAS Plus, IFRS?
Under Netherlands Antilles law, the management board of each legal entity is required to keep books for the financial condition of such entity in such a manner that the rights and obligations can be ascertained therefrom at any time: the adequate bookkeeping obligation. Violation of this obligation may [...]
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The Corporate Code provides for a simplified merger procedure
The acquisition of a business enterprise may take place through the purchase of shares (take-over), the purchase of assets and liabilities or a legal / statutory merger. The Netherlands Antilles Code on corporate law and other legal persons (the ‘Code’) contains detailed provisions for mergers of companies [...]
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And how to make the most of it
by Phil Craven
What is PageRank?
PageRank is a numeric value that represents how important a page is on the web. Google figures that when one page links to another page, it is effectively casting a vote for the other page. The more votes that are cast for a page, [...]
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