Karel’s Legal BlogLOOKING FOR AN ATTORNEY / LAWYER / TAX ADVISER IN THE NETHERLANDS ANTILLES OR ARUBA?
How does the regulatory environment support the funds industry?
A new regulatory regime (new investment fund supervision regulations, corporate service providers rule and new anti-money laundering rules) provides comfort to investors. Curacao is not (and never has been) listed on any international blacklist (OECD, FATF). The Curacao regulator, the Central Bank of the Netherlands Antilles, is […]
Filed under: legal by Karel.Frielink
No Comments »
How does the corporate environment support funds?
Establishing a fund in Curacao has become very attractive since under new corporate law a private limited liability company can be established very quickly and the flexible attributes of this new legal entity encompass virtually all the needs of most hedge fund structures. Benefits include:
- No minimum issued share […]
Filed under: legal by Karel.Frielink
No Comments »
Legal blogging and cultural differences
Do legal bloggers from different countries blog differently? And if so, is it just because of cultural differences, or is this caused by the local legal environment as well?
Are legal blogs getting noticed? How and why? Do cultural differences play a role in this respect?
Do people appreciate legal blogging? Why would […]
Filed under: legal by Karel.Frielink
No Comments »
When should the notification be given?
Netherlands Antilles Special Purpose Vehicles (’SPVs’) are frequently used in cross-border financing transactions, including (synthetic and cash) securitizations, repackagings, collateralized debt obligations (’CDOs’) and collateralized loan obligations (’CLOs’) and leasing transactions, MTN and other note issuance programs.
Under Netherlands Antilles law receivables can be transferred unless a statutory or contractual provision […]
Filed under: legal by Karel.Frielink
No Comments »
Certain limitations apply
Under certain conditions it is possible to obtain a tax-exempt status for a Netherlands Antilles private limited liability company (’BV‘). As a consequence of this status, such a BV will not be subject to Netherlands Antilles corporate income tax.
To obtain such status the following criteria will have to be met:
1. Request for the […]
Filed under: legal by Karel.Frielink
No Comments »
Preliminary hearing of witnesses
Although witnesses are most commonly heard during legal proceedings, they may be heard before. The preliminary hearing of witnesses is a special procedure created to avoid unnecessary proceedings or proceedings based on a mistaken legal assumption or mistaken identity. A request to examine witnesses prior to the proceedings is made to […]
Filed under: legal by Karel.Frielink
No Comments »
Shareholder primacy versus stakeholder approach
The Anglo-Saxon model (USA, UK) can be characterized as follows:
- the corporation is a continuation of the shareholders; shareholders primacy; and
- the main aim of the corporation is to maximize profits.
The continental model (continental Europe, Netherlands Antilles, Aruba and Japan) on the contrary:
- the corporation is a combination of different interest […]
Filed under: legal by Karel.Frielink
No Comments »
Jerry is a confident terrier
According to Chambers and Partners, the Amsterdam based attorney Jerry Hoff is one of the key litigation partners at Spigthoff Attorneys & Tax Advisers, and is described by clients as “a bright and sharp operator“.
Jerry studied corporate law at the University of Leiden. Started as an in house lawyer with the […]
Filed under: legal by Karel.Frielink
No Comments »
The cause must be material
A party to an employment agreement may be confronted with situations in which one cannot reasonably be expected to continue the employment relationship. If the employee causes this situation, the employer is entitled to terminate the agreement without notice and with immediate effect and without any permit being required.
Examples for urgent […]
Filed under: legal by Karel.Frielink
No Comments »
Temporary relief
The objective of a moratorium (’suspension of payment’) is reorganization. In many cases, however, it is the first step towards bankruptcy. The most important benefit of a moratorium is that the debtor is given temporary relief against pressing creditors in order to reorganize and continue in business and ultimately to satisfy creditors’ claims.
The nature […]
Filed under: legal by Karel.Frielink
No Comments »