Karel’s Legal BlogLOOKING FOR AN ATTORNEY / LAWYER / TAX ADVISER IN THE NETHERLANDS ANTILLES OR ARUBA?
This will be my final posting for 2008. What a year. It feels as if the whole world has changed more rapidly than ever before and not only as a result of the economic turmoil. The year 2009 is about to begin and it won’t be an easy year. Many will suffer from the crisis. [...]
Filed under: legal by Karel.Frielink
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The concept of corporate officers is unknown
The management board has the function of managing the corporation, i.e., making policy and conducting the day-to-day management of the corporation. The management board is responsible for the management of the BV and is authorized to represent it, except where restricted by the articles of incorporation.
The management board is [...]
Filed under: Corporate by Karel.Frielink
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License required
According to the Netherlands Antilles Ordinance on the Establishment of a Business (Landsverordening betreffende vestiging van ondernemingen, PB 1946 nr. 43), a license is required to establish a company (vestigingsvergunning) as well as one to operate a company as an individual director who is not a “citizen” (directievergunning).
According to the published policy of the [...]
Filed under: Corporate by Karel.Frielink
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FAQ
Question 1
How easily can one obtain permission to freeze assets?
The Netherlands Antilles Code of Civil Procedure provides the possibility to seize and freeze assets in anticipation of a court order to pay a certain amount or to return certain goods. This legal remedy is referred to as prejudgment attachment or seizure (conservatoir beslag).
In general, a [...]
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FAQ
Question 1
Are there any particular issues that concern foreign plaintiffs in the Netherlands Antilles?
If proceedings on the merits are initiated by a non-resident plaintiff, the defendant may ask the court to order that the plaintiff provide security for damages, costs and interest which it might be liable to pay as a result of the judgment [...]
Filed under: legal by Karel.Frielink
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FAQ
Question 1
In which cases and by whom may bankruptcy proceedings be initiated in accordance with Netherlands Antilles bankruptcy law?
Filing for bankruptcy may be done either by the debtor itself or by one or more of its creditors. If the debtor is a company, the managing directors do not have the authority to petition for bankruptcy [...]
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Meeting held on 12 December 2008
At the Curacao Bar Association’s annual meeting, Karel Frielink (Spigthoff) was formally elected to serve as President of the Curacao Bar Association for a two year-term. He is the successor of Eric de Vries (HBN Law).
Eric Bokkes (Bokkes Fontein Advocaten), Daniel Zahavi (ZL Law) and Chester Peterson (Sulvaran & Peterson) [...]
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Rules of law, articles and contract may be set aside
According to Section 2:7(2) of the Netherlands Antilles Civil Code, any rule imposed, for instance, on board members or shareholders of a limited liability company, will not be deemed to apply, to the extent, in the given circumstances, that these would be unacceptable in terms of reasonableness [...]
Filed under: Corporate by Karel.Frielink
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Elections held on 11 December 2008
Willem “Billy” Jonckheer (owner Jonckheer Advertising & Marketing Consultants) has been re-elected as member of the Board of Directors of the Curacao Chamber of Commerce. Karel Frielink (partner Spigthoff Attorneys & Tax Advisers) has been elected to the same Board.
The Curacao Chamber of Commerce and Industry is the voice of [...]
Filed under: Uncategorized by Karel.Frielink
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Generally speaking: yes
Under Netherlands Antilles law, no specific requirements exist regarding the purchase of shares in a Netherlands Antilles offshore company by a foreign company. The Netherlands Antilles do not have any anti-trust regulations.
In the Netherlands Antilles there are no statutory requirements preventing the sale of one or all the shares issued and outstanding or [...]
Filed under: Corporate by Karel.Frielink
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