Karel’s Legal BlogLOOKING FOR AN ATTORNEY / LAWYER / TAX ADVISER IN THE NETHERLANDS ANTILLES OR ARUBA?
A non-possessory pledge requires a deed
Security rights are an important issue, especially in financing transactions. A company may, for example, guarantee the obligations of another company under a certain loan facility. There are several alternatives, one of which will be discussed here.
Under the laws of Aruba there are several kinds of pledges, in particular, the [...]
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Electronic files will not be disregarded as evidence
A Netherlands Antilles or Aruban court may only base its decision on facts. An alleged fact that is not disputed by the parties is considered to be such a fact, even if it does not correspond with reality. For example, if both parties state that they were involved [...]
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Public transportation in the tourism industry
Curacao is an increasingly popular tourist destination. As in many other tourist destinations, travel agencies and hotels offer various transportation services for tourists. Also, supermarkets, restaurants, car rental agencies or hotels, have started to offer (complimentary) transportation services for tourists.
According to the Island Decree on public transportation, it is required [...]
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A comparison of Dutch and Dutch Antillean law
The intention of article 39 of the Kingdom Charter is to harmonize several fields of law, one of which being the Code of Civil Procedures, in the three territories of the Kingdom. There are, however, a number of differences between Dutch and Dutch Antillean law. One of the differences concerns [...]
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Tax Information Exchange Agreements (TIEA) and the Netherlands Antilles
In today’s world the ‘exchange of information’ is considered an important topic worldwide, appearing in many different areas, in local and international political discussions, international agreements including the process of implementation of these agreements, and in amendments of local laws and existing treaties. (Mainly as a follow-up to [...]
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Spigthoff verheugd met partnerbenoemingen
Per 1 juli 2010 zijn de advocaten mr Annemarijke Bach Kolling en mr Maike Bergervoet benoemd tot partner bij Spigthoff Advocaten & Belastingadviseurs te Curaçao.
We are pleased to inform you that effective July 1st, 2010 Spigthoff has named Annemarijke Bach Kolling and Maike Bergervoet partner of the firm.
Annemarijke Bach Kolling werkt sinds 1 september 2006 [...]
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Take care!
If parties have agreed upon a fixed term employment contract and the employee wishes to resign before the term of the contract has expired, may the employee terminate his employment contract prematurely? Article 7A:1615e, paragraph 3 Civil Code of the Netherlands Antilles stipulates that an employment contract for a fixed term may only be [...]
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More complex than you think!
Experience teaches us that it is often difficult for employers to deal with the often complex labor law legislation of the Netherlands Antilles in a practical manner. The legislation is not combined in one law or ordinance, but to complicate matters, it is spread out over the Civil Code (Book 7a), [...]
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A somewhat unique figure
The Managing Director (bestuurder) under the articles of incorporation of an NV or BV is a somewhat unique figure in Netherlands Antilles labor law due to the fact that he enjoys considerably less protection from a labor law perspective than a regular employee. In other words an employer can more easily dismiss a managing director [...]
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Article published in Trusts & Trustees (Oxford Journals)
Trusts & Trustees is the leading international journal on trust law and practice. The most significant source of information in its field, the journal is essential for all trusts practitioners and lawyers. Maike Bergervoet and Jeroen Starreveld of Spigthoff Attorneys & Tax Advisers have written an article on [...]
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