CHAMBERS GLOBAL 2024 LEGAL RANKINGS RELEASED

Karel Frielink ranked Band 1 for the 15th time: “He is really top class”

Once again, I have been selected as a ranked lawyer in Chambers Global 2024, identifying me as one of the best lawyers in the Dutch Caribbean.

Chamber and Partners: “Karel Frielink is a leading lawyer who advises on a wide range of matters including commercial transactions, corporate governance and related litigation. Karel is a very astute lawyer and he achieves results. He is really top class.”

Chambers and Partners is an independent research company operating across 200 jurisdictions delivering detailed rankings and …
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15
Feb 2024
CATEGORY

Legal

COMMENTS No Comments

TWO BUILDINGS, ONE LAW FIRM

Straightforward

BZSE Attorneys & Tax Advisers operates in the Caribbean parts of the Kingdom of the Netherlands. This sometimes raises the question of what our offices look like. We have two buildings: one in Curaçao and one in St. Maarten. And they look very different. However, what is important is what is behind the walls. Independence and integrity are paramount to the lawyers of BZSE. They operate and litigate in an open, transparent and independent manner.

Please note that although the lawyers of BZSE are based in St. Maarten and Curaçao, they are also qualified to …
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05
Jan 2024
CATEGORY

Legal

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LAWYERS IN THE DUTCH CARIBBEAN

BZSE Law is the best firm to hire

To start with, I’m not an expert in all areas of law. A little exaggeration would be allowed, but that’s not my M.O. These days you are supposed to tell the “honest story”.

Practical and well-founded advice based on more than 30 years of experience as an attorney and in legal science: that’s why you should consult me.

I specialize in corporate, financial and (commercial) private law in general in the Caribbean parts of the Dutch Kingdom. Although I have litigated for more than 30 years, I no longer do so. As …
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20
Dec 2023
CATEGORY

Legal

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LIABILITY OF MANAGEMENT SERVICES COMPANIES

Aspects of director’s liability

Management services companies a.k.a. trust companies (‘trustkantoren’) can face liability as a result of how they have performed trust and management services to their clients, and in particular when acting as managing director (‘statutair directeur’) of a legal entity, whether alone or together with others.

A trust company acting as managing director for a client company is subject to the general rules on director’s liability. Such liability towards the client company may arise in the event a trust company is found to be seriously negligent (‘een ernstig verwijt kan worden gemaakt’) in fulfilling its tasks as …
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02
Aug 2023
CATEGORY

Corporate

COMMENTS No Comments

PRELIMINARY RELIEF PROCEEDINGS IN THE DUTCH CARIBBEAN

A.K.A. Summary Proceedings or Interlocutory Proceedings

The procedure for provisional measures in summary proceedings (kort geding), or preliminary relief proceedings or interlocutory proceedings, is to request an interim injunction before the court. Such proceedings, under the laws of Aruba, Bonaire, Curaçao, St. Maarten, St. Eustatius and Saba, are aimed at obtaining temporary instructions from the court, not at receiving a final decision in the case.

Provisional remedies may be permitted in preliminary relief proceedings in civil cases if the claim meets the following three conditions: (i) there is an urgent interest at stake; (ii) the interests of both parties needs …
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06
Jan 2021
CATEGORY

Legal

COMMENTS No Comments

RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS

Recognition is usually not a problem

In the absence of an applicable treaty between foreign countries and the Dutch Caribbean, a judgment rendered by an international court from a country without a treaty will not be enforced by the courts of any Dutch Caribbean countries. In order to obtain a judgment which is enforceable in the Dutch Caribbean, the claim must be re-litigated before the court being sought to enforce the judgment.

Nevertheless, a judgment rendered by an international court without a treaty will, under current practice, be recognized by a Dutch Caribbean court:

  • if the international court has assumed …
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  • 08
    May 2019
    CATEGORY

    Legal

    COMMENTS No Comments

    CHAMBERS GLOBAL 2019 LEGAL RANKINGS RELEASED

    .

    Karel Frielink ranked Band 1 for the 10th time

    Once again, I have been selected as a ranked lawyer in Chambers Global 2019 identifying me as one of the best lawyers in the Dutch Caribbean.

    The Chambers Guides have been ranking the best law firms and lawyers since 1990, and now covers over 190 jurisdictions throughout the world. Chambers ranks lawyers and law firms on several factors and considerations, all of …
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    14
    Feb 2019
    CATEGORY

    Legal

    COMMENTS No Comments

    CORPORATE CRIMINAL LIABILITY

    Acts can be committed both by natural persons and by legal entities

    Under Dutch Caribbean criminal law, criminal acts can be committed both by natural persons and by legal entities, for instance, limited liability companies and foundations, and can take part in the crime in a variety of roles incurring liability, including, perpetrators, co-perpetrators or accomplices. As far as legal entities are concerned, criminal liability may arise for: (i) employees of a legal entity, (ii) the legal entity itself, and (iii) those directors or managers of the legal entity of whom it can be proven that they have directed or …
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    19
    Oct 2018
    CATEGORY

    Legal

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    25th ANNIVERSARY INTEREXPO CARIBBEAN

    Back to the future: prep talk instead of pep talk! Sustainability requires a long-term vision for doing business in the Dutch Caribbean

    Address by Karel Frielink – Attorney / Managing Partner of BZSE Attorneys at Law, Curaçao

    The Hague, 29 November 2017 / 14.30 – 15.00h

    .

    Ladies and Gentlemen,

    It is an honor to address you all on the celebration of the twenty-fifth anniversary of InterExpo organizing business conferences and trade missions. Peter Oerlemans, the unstoppable force behind this organization, did an excellent job, and his dedication will leave a lasting legacy.

    I would like to take a moment …
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    03
    Dec 2017
    CATEGORY

    Various

    COMMENTS No Comments

    BRAND NEW TEXTBOOK ON DUTCH CARIBBEAN CORPORATE LAW

    Leading legal textbook on Dutch Caribbean corporate law

    Development of Dutch Caribbean corporate law has been rapid and voluminous. This fact justifies a whole new textbook on the subject. In August 2017, my new textbook on Dutch Caribbean corporate law was published: Kort begrip van het Nederlands Caribisch Rechtspersonenrecht (A concise understanding of Dutch Caribbean corporate law; 1st edition 2017). This new textbook on corporate law is aimed at both professionals (judges, lawyers, attorneys, civil law notaries, in-house counsel etc.) and students. Unfortunately, this new book is in Dutch only.

    I have (co-)authored over a hundred sixty …
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    03
    Oct 2017
    CATEGORY

    Corporate

    COMMENTS No Comments

    BRIBERY

    A criminal act

    With regard to anti-corruption the Criminal Codes of Aruba, Curaçao, St. Maarten and the BES-islands include criminal acts such as fraud, bribery and abuse of authorities. The bribery offence closely resembles the bribery provisions under the Dutch Criminal Code. The Codes also stipulate regulations on criminal acts committed by judges, ministers, members of Parliament and civil servants. Amendments were introduced to the Criminal Code specifically to implement the Anti-Bribery Convention. The bribery offences in the Criminal Codes mirror very closely those in the Dutch Criminal Code.

    The relevant anti-bribery provisions are integrated in the Dutch Caribbean Criminal …
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    25
    Feb 2016
    CATEGORY

    Legal

    COMMENTS No Comments

    TRADE-BASED MONEY LAUNDERING

    More Trade Transparency Units Needed

    Smuggling and trade fraud are on the rise, according to Viêt Nam News (27 October 2015). The Telegraph reports that the authorities in China have arrested 21 people on suspicion of defrauding almost one million Chinese investors of 50bn yuan (£5.3 billion) after an online peer-to-peer lender turned out to be a giant Ponzi scheme (1 February 2016). Money laundering and fraud seem to be on the increase. Trade-Based Money Laundering (TBML) is one of the big threats facing us today.

    According to Premium Times (21 December 2015; Read the rest »

    02
    Feb 2016
    CATEGORY

    Legal

    COMMENTS No Comments