THE LAWYER AS A VIRTUOSO OF LANGUAGE (PART II)

The use of technical concepts has a useful function

Another example is the Directive of the European Commission of 18 February 1985 (85/205/EEC) adapting to technical progress Council Directive 71/127/EEC on the approximation of the laws of the Member States relating to the rear-view mirrors of motor vehicles. The term “rear-view mirror” in itself means a device excluding complex optical systems such as periscopes, intended to give a clear view to the rear and side of the vehicle within the fields of vision defined in item 5 of Annex III.

There was at some time a Directive proposal to define …
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06
Apr 2011
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THE LAWYER AS A VIRTUOSO OF LANGUAGE (PART I)

The use of technical concepts has a useful function

Language is the instrument par excellence of the advocate (attorney; lawyer). He uses language to lay down agreements, to provide legal advices, to formulate Court documents, to send demand letters, to make his plea or to conduct talks with clients or counterparties, to send invoices, in short: to practice his profession. For many people what advocates write down is difficult to fathom. One of the reasons for this is because legislation and regulations are formulated rather formally and in an indirect form while using a lot of abstract concepts. Here are only …
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30
Mar 2011
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THE LAWYER AS ORATOR

A sensitive subject

The advocate (attorney; lawyer) as orator is a sensitive subject. Many clients will have listened with curled toes or alternatively with a deep feeling of embarrassment to their own advocate or (if they are lucky) to that of their counterparty at the moment suprême when the so-carefully prepared written summary of the argument is read out dryly and stumbling over the words or at least in a scarcely inspiring manner. And the one who has bad luck will be faced with a ‘read-out advocate‘ who sometimes does even thirty or more pages. And all this whereas the first Roman …
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23
Mar 2011
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ON THE IMAGE OF LAWYERS

Bloodsuckers and hypocrites?

Lawyers (attorneys) are often exposed to strong criticism, both here and elsewhere. The late famous Dutch professor A. Pitlo (Evolutie in het privaatrecht, [Evolution in private law] Groningen: H.D. Tjeenk Willink 1972, p. 102) speaks with regard to certain advocates (lawyers) about the ‘half-intellect’ that by intellectualism must succeed in being kept up towards the masses.

Publications that are extremely critical of advocates can date from any time and the first ones already from before ancient Rome. In this connection François Rabelais (1494-1553) should also be mentioned and (more or less in his footsteps) Honoré Daumier (1808-1879). …
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16
Mar 2011
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THE LAWYER AS CRAFTSMAN

Tradition and resourcefulness

You could hear these statements just about anywhere: “The study of law is a dull study. You have to read a lot of books and especially learn a lot by heart. But luckily it is not a difficult study. It is more or less the easiest study to graduate in.” Is all this true? It depends and it depends particularly on yourself. For ‘marginalists’ and notorious ‘superficial thinkers’ all this is more or less at a premium. But it is questionable whether these are the people who have the right qualities to practice the craftsmanlike profession of …
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09
Mar 2011
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SUPERVISORY DIRECTORS OF A CURACAO INSURANCE COMPANY

The Central Bank has issued guidance notes

According to the Curacao Ordinance on the Supervision of the Insurance Business, a Board of Supervisory Directors of an insurance company shall have the task of supervising the policy of the Management Board of such company and the general course of events of the insurance company and the business associated with it. It shall advice the Management Board. In carrying out its duties the Board of Supervisory Directors shall take into account the interests of the insurance company and the business associated with it (Article 16 par 4 Ordinance).

‘The actions and records of …
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23
Feb 2011
CATEGORY

Legal

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THE DISMANTLING OF THE NETHERLANDS ANTILLES

The Country known as the Netherlands Antilles will disappear as of 10-10-10

The country, the Netherlands Antilles, consists of Bonaire, Curacao, St. Maarten, St. Eustatius and Saba, and forms part of the Kingdom of the Netherlands. On 10 October 2010 the Netherlands Antilles will no longer exist. Two new countries will be born on that date: the country Curacao and the country St. Maarten. Both new countries will be part of the Kingdom of the Netherlands; however, they will each have their own government and legislature. The island of Aruba gained similar autonomy in 1986.

The legislation currently in place …
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30
Sep 2010
CATEGORY

Legal

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SUPERVISION OF TRUST COMPANIES IN THE DUTCH CARIBBEAN

Trust companies render management services

The supervision of trust companies is dealt with in the National Ordinance on the Supervision of Trust Service Providers 2003 (‘Landsverordening toezicht trustwezen’, the ‘NOST’). Supervision of trust companies (a.k.a. fiduciary or company service providers) falls in the category integrity supervision and not in the category prudential supervision. The supervisor is the Central Bank of the Netherlands Antilles. The ordinance prohibits anyone from rendering fiduciary or trust services without a license.

According to Art. 10 of the NOST, trust services means: (a) establishing an international company or causing it to be established when such is …
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01
May 2010
CATEGORY

Legal

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NETHERLANDS CARIBBEAN BANKS AND REGULATORY ISSUES

A bank has less freedom than an ordinary legal entity

What would be the requirements, from a regulatory point of view, if a Netherlands Antilles bank wished to sell its entire business or a substantial part thereof? Would it require approval from the Netherlands Antilles Central Bank (de ‘Bank van de Nederlandse Antillen’)?

Generally, if the activity at a bank is characterized as some form of financial reorganization, for example, the prior approval of the Central Bank is required. The bank is also obliged to immediately inform the Central Bank in writing of any resolution for complete or partial liquidation or …
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28
Nov 2009
CATEGORY

Legal

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BES LAW DEVELOPMENTS

Bonaire, St. Eustatius and Saba (BES)

Within a couple of years, the BES Islands, as public entities, will be part of the country of the Netherlands in the framework of the political restructuring in the Kingdom of the Netherlands. The US dollar will be introduced as the new currency in the BES Islands. Curacao and St. Maarten will each become a country within the Kingdom of the Netherlands and have their own legislation and regulations.

The starting point of the political restructuring is that Dutch legislation will be introduced only gradually into the BES Islands. It has been established that …
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24
Jun 2009
CATEGORY

Legal

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THE OFFERING OF NOTES IN THE DUTCH CARIBBEAN

Only to licensed credit institutions

Any Notes (including rights representing an interest in a Note in global form) that are offered as part of their initial distribution or by way of a re-offering in the Netherlands Antilles, shall, in order to comply with the Netherlands Antilles National Ordinance on the supervision of banking and credit institutions 1994, only be offered, sold, transferred or delivered in the Netherlands Antilles to credit institutions licensed in accordance with the Ordinance or that are in possession of an individual exemption granted by the Central Bank of the Netherlands Antilles.

Insofar as services and/or products …
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14
Feb 2009
CATEGORY

Finance

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THE GENERAL PENSION FUND OF THE NETHERLANDS ANTILLES

The APNA is subject to supervision

The General Pension Fund of the Netherlands Antilles (‘Algemeen Pensioenfonds van de Nederlandse Antillen’; the “APNA”) is governed by its own State Ordinance (‘Landsverordening Algemeen Pensioenfonds van de Nederlandse Antillen’; “SOAPNA”).

The APNA is subject to supervision by the Netherlands Antilles Central Bank and, as far as the annual financial statements, amongst other things, are concerned it is subject to supervision by the General Auditor’s Office a.k.a. General Chamber of Audit (‘Algemene Rekenkamer’). The General Auditor’s Office audits government and government related activities, including government owned companies.

Netherlands Antilles pension funds are obliged to …
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29
Nov 2008
CATEGORY

Legal

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