DRAG-ALONG RIGHTS UNDER THE LAWS OF THE DUTCH CARIBBEAN

Drag-along rights may be validly created
A drag-along right is a right that enables a majority shareholder to force a minority shareholder to join in the sale of his shares in a company (NV or BV). The majority shareholder doing the dragging must give the minority shareholder the same price, terms, and conditions that apply to [...]

Filed under: Corporate by Karel.Frielink
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IN THE SHADOWS OF DEBT

Who is to blame for the current crisis?
Massive borrowing, hedge funds, credit default swaps (CDSs), collateralized debt obligations (CDOs) and other instruments seem to be part of the current trillion dollar problem. What was known about these instruments and the risks attached to them in the recent past? There was actually quite a lot known right from the start.
A must [...]

Filed under: Securities by Karel.Frielink
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WHAT IF A LENDER BECOMES A SHAREHOLDER OF THE BORROWER IN THE DUTCH CARIBBEAN?

The obligation to repay still ranks pari passu
If a lender takes over the shares in a borrower, the ranking of the borrower’s obligation to repay the loan does not change. Such obligations will continue to rank pari passu with the other creditors.
Let me give you an example. In the event of dissolution of the borrower, [...]

Filed under: Corporate by Karel.Frielink
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COVENANTS NOT TO COMPETE IN THE DUTCH CARIBBEAN

Such covenants are null and void
A non-competition clause, a.k.a. a covenant not to compete, is a stipulation between the employer and the employee whereby the latter is restricted in his right to work in a given way upon termination of the latter’s contract of employment. Typically, a non-competition clause will prohibit an employee from seeking [...]

Filed under: legal by Karel.Frielink
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