Dutch Caribbean law firm operates in a borderless business world
National boundaries these days are increasingly less significant, even for small or mid-size law firms. Though Spigthoff Attorneys & Tax Advisers can hardly be called a global law firm, with only two offices, one in Curacao and one in Amsterdam, we can however offer services to [...]
Filed under: legal by Karel.Frielink
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Permission required
The termination of the employment contracts of more than 25 employees or of 25% or more of the employees of a company is considered a mass lay-off. For such a mass lay-off permission is required from the Director of the Department of Labor and Social Affairs irrespective of the nature of the company’s activities. [...]
Filed under: legal by Karel.Frielink
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Wanted: on-shore rescuers
The Citizens’ Rescue Organization, Curacao (CITRO) provides search and rescue services in the waters around Curacao in the Netherlands Antilles. The organization comprises a group of volunteers, who are on call and prepared for sea rescue 24 hours a day 7 days a week.
As a member of the CITRO Advisory Council I am [...]
Filed under: Uncategorized by Karel.Frielink
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An interest must be proved
When two parties are involved in legal proceedings a third party may request permission to join the proceedings thereby to joining with one party in raising defense against the other (‘voeging’). Alternatively, a third party may request permission to intervene (’tussenkomen‘) in pending proceedings, in which case neither party is joined.
The [...]
Filed under: legal by Karel.Frielink
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Bankruptcy pledgor will prevent valid pledge
Under the laws of the Netherlands Antilles, a right of pledge may be established on future receivables, however, the right of pledge on a future receivable will only be perfected the moment such a receivable comes into existence, provided that, at such a time, the pledgor is authorized to dispose [...]
Filed under: legal by Karel.Frielink
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OECD Secretary-General compliments the Netherlands Antilles and Aruba
In his speech on 21 October 2008, OECD Secretary-General Angel Gurría, addressed the issue of transparency and exchange of tax information in relation to offshore jurisdictions. The Secretary-General:
“In 2000 we identified over 40 tax havens and between 2000 and 2005 we were able to convince 35 of these [...]
Filed under: legal by Karel.Frielink
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Restoring confidence is key
Recently, the Dutch government acquired all shares in the capital of the Dutch subsidiary of Fortis, i.e. Fortis Bank Nederland, including ABN AMRO Bank.
Furthermore, the Dutch government has set aside $27.5 billion of capital to protect the financial institutions of the Netherlands. Although there are many banks that have enough capital to [...]
Filed under: Securities by Karel.Frielink
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The claim must be sufficiently identifiable
Many financing arrangements are of a cross-border nature. For instance, a loan agreement governed by English law with the loan secured by a Netherlands Antilles right of pledge. This raises all kinds of questions.
Any foreign right, for instance a claim, in which a Netherlands Antilles pledge is created, must be [...]
Filed under: legal by Karel.Frielink
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(CNN) – Tropical Storm Omar formed Tuesday in the eastern Caribbean Sea and within hours was lashing the islands of Aruba, Curacao and Bonaire with heavy rain and gusty winds, the National Hurricane Center said.
As of 2 p.m. ET, the storm’s center was about 375 miles (600 km) south-southwest of San Juan, Puerto Rico, and [...]
Filed under: Uncategorized by Karel.Frielink
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A minority shareholder may force the company to take-over his shares
Article 2:251(1) Netherlands Antilles Civil Code reads as follows: “A shareholder of registered shares, whose rights or interests are prejudiced to such an extent, by the conduct of the company or one or more co-shareholders, that a continuation of his shareholding cannot reasonably be required of [...]
Filed under: Corporate by Karel.Frielink
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