CONSTITUTIONAL RESTRUCTURING PROCESS IN THE NETHERLANDS ANTILLES

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 order):

good governance […]

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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 religion.
One […]

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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 resolution […]

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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 be taken […]

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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 even […]

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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 amends the […]

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LOOKING FOR AN ATTORNEY OR TAX ADVISER IN ARUBA OR THE DUTCH CARIBBEAN?

Areas of Practice Spigthoff Attorneys & Tax Advisers (Curacao)
 
Administrative Law
You want to go for it? We go for it.
For many years, Spigthoff counsels about administrative law and represents citizens and companies in proceedings against the Netherlands Antilles government, island governments and government agencies. Such counseling and proceedings relate to telecom matters, tenders, environmental issues, business […]

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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 listed […]

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NETHERLANDS CARIBBEAN BANK N.V.

Notice of Dissolution
Notice is hereby given of the shareholders’ resolution adopted on the 22nd of November 2007 to dissolve Netherlands Caribbean Bank N.V. effective the 30th of November 2007. The company is organized and existing under the laws of the Netherlands Antilles and registered with the Commercial Register in Curaçao under number 65365.
All debts owed to […]

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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 obligation […]

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