Karel’s Legal BlogLOOKING FOR AN ATTORNEY / LAWYER / TAX ADVISER IN THE NETHERLANDS ANTILLES OR ARUBA?
A valid certificate of airworthiness is required
Pursuant to section 8 of the Curaçao Aviation Decree (‘Curacaosch Luchtvaartbesluit 1935’), no aviation may be exercised if:
- there is no valid certificate of airworthiness for the aircraft carrier issued by the authority in the jurisdiction of registration of the aircraft carrier;
- the crew of the aircraft carries does not have […]
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The liquidator takes control over the company
Below you will find an outline of certain steps to be taken in order to accomplish the dissolution (‘ontbinding’) and liquidation (‘vereffening’) of a Netherlands Antilles company
Steps to be taken to liquidation:
1. Resolution of the shareholders meeting to:
(i) dissolute the company;
(ii) appoint a liquidator; and (if they wish to do so:)
(iii) remove and […]
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Court termination for a serious cause
Each party may request the competent Court to terminate the employment agreement on the basis of a serious cause. A serious cause may be an urgent cause that has not previously been invoked to terminate the employment agreement immediately, or a change in the circumstances of such a nature that […]
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Termination during the trial period
The parties to an employment agreement may at the start of their relationship agree to a trial period. The maximum duration of the trial period is two months and does not depend on the length of the employment agreement.
During this trial period, either party may terminate the employment agreement without prior […]
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Termination for urgent cause
A party to an employment agreement may be confronted with an urgent situation in which he cannot reasonably be expected to continue the employment. If this situation is caused by the employee, the employer is entitled to terminate the employment agreement without notice and with immediate effect. No DDLA permit is required.
The […]
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Termination by mutual consent
An employment agreement may be terminated by mutual consent. It is recommended that a termination by mutual consent is confirmed explicitly in a written document signed by both parties.
It is essential to ascertain that the employee understood what he was doing and acted freely. Case law shows that the employer is not […]
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Notice of termination of an employment agreement for an indefinite period
Notice by the employer requires a permit from the the Director of the Directorate of Labor Affairs (“DDLA”; “Directeur van Directie Arbeidszaken”). Until this DDLA permit is obtained, any notice is null and void and does not terminate the employment.
In the application for an DDLA […]
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Employment agreements for a definite period
It is not unusual to conclude an employment agreement for a definite period in order to avoid the difficulties relating to the termination of an employment agreement for an indefinite period. The agreement for a definite period terminates automatically on the expiration of the agreed period, unless agreed otherwise.
If the […]
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Termination
Although the termination of an employment agreement is basically a matter between the employer and the employee, it must comply with certain statutory rules. These rules provide for rather extensive job protection.
A distinction has to be made between an employment agreement for a definite period of time and an employment agreement for an indefinite period […]
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The ultimate vehicle for tax- and estate-planning
Introduction
The Netherlands Antilles Private Foundation has been introduced in the Netherlands Antilles Law through the National Ordinance Regarding Foundations as published on October 31, 1998. Since March 1st, 2004, these rules are laid down in Book 2 of the Civil Code.
The Private Foundation possesses corporate personality but does not […]
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