Karel’s Legal BlogLOOKING FOR AN ATTORNEY / LAWYER / TAX ADVISER IN THE NETHERLANDS ANTILLES OR ARUBA?
The law protects creditors
In general the law in the Netherlands Antilles does not prohibit transfers for no consideration. It should however be pointed out that under Netherlands Antilles law, statutory provisions exist which ensure that transactions whose only reason is to disadvantage creditors or make it impossible for them to seek recourse, may not be [...]
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General conditions may be nullified
Since 1 January 2001 the Civil Code (CC) of Aruba and the Netherlands Antilles contains a section on general terms and conditions. By including this section in the CC the legislator tried to strengthen judicial supervision of the terms of general conditions in order to protect contracting parties against the use [...]
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A notarial deed is required
A statutory merger involves at least two legal entities. The law uses the terms acquiring and disappearing legal entity. The law specifies that only legal entities having the same legal form may merge, specifying that a BV (closed limited liability company) and a NV (public limited liability company) are considered to [...]
Filed under: Corporate by Karel.Frielink
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Info Bulletin Dismantling available
The country The Netherlands Antilles (‘het Land de Nederlandse Antillen’) will cease to exist, presumably in 2010. Like Aruba, although slightly different, Curacao and St. Maarten will receive the status of autonomous country within the Kingdom of the Netherlands in accordance with referendums held on both islands. Bonaire, St. Eustatius and Saba [...]
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Press release Amsterdam Court of Appeal
Amsterdam Court of Appeal orders the criminal prosecution of the Member of Parliament of the Dutch Second Chamber Geert Wilders
Amsterdam, 21 january 2009 – On 21 January 2009 the Court of Appeal in Amsterdam ordered the criminal prosecution of the member of parliament Geert Wilders for the incitement to hatred [...]
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Ignoring the legal personality of a company
A shareholder is not personally liable for acts performed in the name of the company and is not liable to contribute to losses of the company in excess of the amount which he must pay to the company as contribution for his shares. There is therefore a legal separation [...]
Filed under: Corporate by Karel.Frielink
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Unlawful acts and damage
Section 6:162 paragraph 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 (the victim); and
the act can be attributed (toegerekend) to that person; and
the victim has suffered damage (schade); [...]
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Differences with the United States
Netherlands Antilles civil proceedings differ substantially from those in the United States. In the Dutch Caribbean there are, for instance, no juries. In principle, legal proceedings are basically conducted in writing. Oral pleadings are customary in preliminary relief proceedings, but optional in proceedings on the merits. Discovery proceedings like those in [...]
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Should be mandatory for government-owned entities
Under the laws of the Netherlands Antilles, the main task of a board of supervisory directors is to supervise the board of managing directors of a limited liability company (NV or BV).
The Corporate Code provides for two different kinds of boards of supervisory directors, a “regular” board of supervisory directors [...]
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Article on Curacao by Ben Fox (Associated Press)
Various newspapers, including USA Today and Miami Herald, published an article by Ben Fox. Here follows an excerpt:
In a grim season for Caribbean tourism, an island just north of Venezuela stands out: Hotel rooms are scarce and discounts unavailable.
That’s largely because Curacao is crowded with Venezuelans, many fleeing their [...]
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