Karel’s Legal Blog

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 institutions [...]

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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 sports [...]

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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, however, provides [...]

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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 advice on [...]

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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 which these [...]

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A must have Ebook
299 Steps to Website Heaven is a must have Ebook for all small and medium sized businesses with websites and is written by Nikki Pilkington.
Written in bite size chunks, the ‘299 steps’ approach allows you to make the most of your website without being overwhelmed.
Find out how to:
- choose the best keywords
- choose [...]

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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 damage (‘schade’); and
The unlawful [...]

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What if he becomes the next President of the U.S.?
We have seen the results in Iowa and New Hampshire: Barack Obama gained much attention and got many votes. So there is a (slight) chance that he might be the Democratic candidate in the U.S. Presidential race, although no one should underestimate Hillary Clinton. Obama might even win the [...]

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State monopolies granted exclusivity
New gaming/gambling legislation entered into force in Germany on 1 January 2008. Although one would expect Germany to observe the laws and regulations of the European Community, it confirmed the country’s state monopolies on lotteries and sports betting and, despite several judgments of the EU Court of Justice (e.g. Placanica et al.), it [...]

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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 traineeship or [...]

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