What are some struggles that lay ahead for Curacao? Soon, i.e. somewhere in 2009, Curacao will become an autonomous island within the Kingdom of the Netherlands. It is the next step in the development of the former colony Curacao into a more or less independent country. Some points of attention and concern are (in random… Continue reading CONSTITUTIONAL RESTRUCTURING PROCESS IN THE NETHERLANDS ANTILLES
Month: December 2007
CHRISTMAS TREE OR HOLIDAY TREE?
An on-going debate A (lighted and decorated) Christmas tree is one of the traditions of Christmas celebrations. But this name is not uncontroversial, in particular in the USA. Some believe it should be called a ‘holiday tree’, especially when it is the town’s or city hall’s tree. The reason: the constitutional separation between state affairs and… Continue reading CHRISTMAS TREE OR HOLIDAY TREE?
THE ANNULMENT OF A DECISION BY A CORPORATE BODY UNDER DUTCH CARIBBEAN LAW
Annulment requires a court decision A resolution of a Netherlands Antilles corporate body (NV, BV, association or foundation) may be declared null and void when there is no quorum, majority, proposal, nomination and proposal for appointment or authorization required by the corporate code or its articles (section 2:21 par 1 Netherlands Antilles Civil Code). A… Continue reading THE ANNULMENT OF A DECISION BY A CORPORATE BODY UNDER DUTCH CARIBBEAN LAW
FRANCHISE AGREEMENTS AND SANCTIONS UNDER THE LAWS OF THE DUTCH CARIBBEAN
A general authority to impose fines could be unenforceable A franchise agreement normally contains certain sanctions in case one of the parties is not or only partially performing its obligations, e.g. the imposition of fines. In accordance with Netherlands Antilles law, the standards of reasonableness and fairness and all specific circumstances of the case must… Continue reading FRANCHISE AGREEMENTS AND SANCTIONS UNDER THE LAWS OF THE DUTCH CARIBBEAN
SELLING A COUNTRY THROUGH THE INTERNET? THIS IS NOT A FAIRY TALE
Non-fictional character is fouling his own nest The Netherlands Antilles form part of the Kingdom of the Netherlands. The other members of the Kingdom are Aruba and the Netherlands. The Netherlands (located in Europe) is one of the richest countries on earth. Nevertheless, many Dutchmen are complaining that they don’t have enough to get by or… Continue reading SELLING A COUNTRY THROUGH THE INTERNET? THIS IS NOT A FAIRY TALE
BUSINESS LICENSES UNDER THE LAWS OF THE DUTCH CARIBBEAN
A license is required A Netherlands Antilles limited liability company (NV or BV) and each of its managing directors must obtain a business and directors license. Only managing directors that are born in the Netherlands Antilles and have the Dutch nationality are exempted and do not have to obtain a directors license. If the company… Continue reading BUSINESS LICENSES UNDER THE LAWS OF THE DUTCH CARIBBEAN
GOVERNMENT CONTROL IN A COMPANY AND EU LAW
Infringement of EU principle of free movement of capital AEM SpA (Azienda Elettrica Milanese SpA) is a company limited by shares set up by the Commune of Milan operating in the public service sector as distributor of gas and electricity, the management of which it was granted by that commune. In 1998 its shares were… Continue reading GOVERNMENT CONTROL IN A COMPANY AND EU LAW
COMPANY REGISTRATION OBLIGATIONS UNDER DUTCH CARIBBEAN LAW
Records must be kept up-to-date The board of managing directors of a Netherlands Antilles NV or BV must keep a register in which the names and addresses of all holders of registered shares shall be recorded, stating the class of share, the voting rights attached thereto, the amount paid thereon or credited as paid, the… Continue reading COMPANY REGISTRATION OBLIGATIONS UNDER DUTCH CARIBBEAN LAW