PIERCING THE CORPORATE VEIL IN ARUBA

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 [...]

ORDINARY VERSUS SUMMARY PROCEEDINGS IN ARUBA

Interlocutory or summary proceedings provide for immediate relief
Article 110 of the Netherlands Antilles and Aruba Code of Civil Procedure (‘the Code’) provides that all adversarial proceedings shall be initiated by means of a petition to the court of first instance. Proceedings so initiated are ordinary proceedings a.k.a. proceedings on the merits.
A petitioner may opt for [...]

SPIGTHOFF CURACAO ANNOUNCES OFFICIAL LAUNCH OF ITS WEBSITE

www.spigthoffcuracao.com
Today was the official launch of the new website for Spigthoff Attorneys at Law and Tax Advisers Curacao. Spigthoff Curacao is a well-established commercial and full service law firm.
The success of a law firm is not measured by its age or size, nor by just words. Spigthoff Curacao is not the oldest, nor the largest law [...]

THREE QUESTIONS ON ARUBAN BANKRUPTCY LAWS

FAQ
Question 1
In which cases and by whom may bankruptcy proceedings be initiated in accordance with Aruban 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, generally speaking the managing directors do not have the authority to petition for [...]

ARUBAN LAW REGARDING CORPORATE AUTHORITY

The Aruba Trade Register should be checked
The laws of Aruba provide that, subject to restrictions laid down by any statutory provision or a corporation’s articles of association, the board of directors of a company shall be competent to represent the company, i.e. a limited liability company (NV, AVV or VBA). In the event of the [...]