Karel’s Legal BlogLOOKING FOR AN ATTORNEY / LAWYER / TAX ADVISER IN THE NETHERLANDS ANTILLES OR ARUBA?
Records must be kept for 10 years
The board of managing directors of a Netherlands Antilles NV or BV must for administrative purposes keep a record of the financial condition and of everything relating to the activities of the NV or BV according to the requirements to which such activities give rise, and it must keep [...]
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Holloway case raises questions
I received several questions from US news channels about the legal system of Aruba. Basic information can be found on this official website: click here.
From another source (about Dutch law, to a large extent similar to Aruban law): The criminal justice legal process is divided into pretrial and trial phases. In the pretrial [...]
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Partial dissolution is possible
According to article 6:265 par. 1 Netherlands Antilles Civil Code, every failure of one party in the performance of one of its obligations gives the other party the right to set the contract aside in whole or in part, unless the failure, given its special nature or minor importance, does not justify [...]
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The directive deals with mergers in the European Community only
On 20 September 2005, the Council of the European Union has adopted a directive on cross-border mergers of companies aiming at facilitating the carrying-out of cross-border mergers between various types of limited liability companies governed by the laws of different EU Member States. This directive will [...]
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Attracting funds from the public is prohibited
The Netherlands Antilles Ordinance on the Supervision of Banks and Credit Institutions 1994 (‘Landsverordening Toezicht Bank- en Kredietwezen 1994’) does not use the term ‘bank’ (other than when referring to the Central Bank). It prohibits anyone to engage in the business of a credit institution (‘kredietinstelling’) in the Netherlands [...]
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Limitation periods for bringing legal actions
According to the Netherlands Antilles Civil Code the civil law limitation period for a claim of nullification of a legal act on the basis of fraud (‘bedrog’), error (‘dwaling’) or prejudicing (‘benadeling’) is three years after the fraud, error or prejudice is discovered.
The civil law limitation period for a claim [...]
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No separate managing board
Until March 1, 2004, in the Netherlands Antilles only manager-managed companies existed. According to the current Corporate Act, the articles of association may provide that a company shall be a member-managed company, i.e. a company without a board of directors.
In a member-managed company, the shareholders (members) are in charge, including the company’s [...]
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I received this question
Q. What does residential property tax in Curacao cover (i.e. garbage collection, road maintenance)? I understand that it is not high — 1200 guilders (ANG) a year.
A. The residential property tax is being paid to the Curacao island collector and is due because of ownership of a residence or other building. The [...]
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