Month: January 2008

Attracting funds from the public at large is prohibited Article 45 of the Netherlands Antilles Ordinance on the Supervision of Banks and Credit Institutions 1994 (‘Landsverordening Toezicht Bank- en Kredietwezen 1994’) prohibits anyone from directly or indirectly turning to the public in the Netherlands Antilles with a view to attracting funds with the exception of credit… Continue reading ATTRACTING FUNDS IN THE DUTCH CARIBBEAN

Battle of the Stripes: Who will win? Like many of its customers wearing the very popular 3-stripe pattern, Sporting goods giant Adidas enjoys a good, sportive battle with opponents. However, in the case of Adidas, the battleground is not the football pitch, or the basketball or tennis court, but the legal arena. And, unlike many… Continue reading PROTECTING YOUR GOODS AND SERVICES UNDER DUTCH CARIBBEAN TRADEMARK LAW

Pledgee may exercise rights as if there is no bankruptcy Article 53 paragraph 1 of the Bankruptcy Act of the Netherlands Antilles states that a pledgee can exercise its rights as if there is no bankruptcy. Permission or co-operation of the trustee in bankruptcy is not required. Article 53 paragraph 2 of the Bankruptcy Act,… Continue reading THE RIGHT OF PLEDGES IN THE EVENT OF A BANKRUPTCY UNDER DUTCH CARIBBEAN LAW

A broad concept Corporate law is a broad concept. A Netherlands Antilles corporate lawyer (attorney) deals with a variety of matters, inter alia, the original establishment of businesses, the initial capitalization, ongoing financing transactions (private equity and debt), corporate governance, (cross-border) contractual relationships, joint ventures, shareholders’ agreements and directors’ liability. This area of practice also includes… Continue reading WHAT IS DUTCH CARIBBEAN CORPORATE LAW ABOUT?

Court approval required Seizing the assets of a counterparty may already be possible before a claim (e.g. under an agreement or a guarantee) is already due and payable, but where there is good reason to believe that, when it becomes due, the other party will not honor its obligations. How assets may be seized depends upon the jurisdiction in… Continue reading SEIZING ASSETS IN THE DUTCH CARIBBEAN

Several requirements apply Article 6:162 section 1 Netherlands Antilles Civil Code (NACC) stipulates four conditions for someone’s obligation to compensate damage based on an unlawful act (tort): A person has committed an unlawful act (‘onrechtmatige daad’) against another person; and The act can be attributed (‘toegerekend’) to that person; and Some other person has suffered… Continue reading UNLAWFUL ACTS UNDER THE LAWS OF THE DUTCH CARIBBEAN

The New York Times on the Falling-Down Professions Glitter. Glamour. Being a star. Making millions. Ally McBeal. L.A. Law expectations… Reality is different though, or isn’t it? Apparently, starters want it all and quick, quick, quick (click here for the whole story). Who wants to be a lawyer/attorney or physician these days? Who wants a… Continue reading THE GLAMOROUS LIFE OF LAWYERS?