NON-POSSESSORY PLEDGE UNDER THE LAWS OF 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 possessory and the non-possessory pledge. In the case of a possessory pledge, the physical control of the assets concerned will be transferred from the owner/borrower to the bank/lender.

In the case of a non-possessory pledge, regarding for example registered shares, the pledge is …
Read the rest »

17
Aug 2010
CATEGORY

Legal

COMMENTS No Comments

FOREIGN CLAIMS SECURED BY ARUBAN SECURITY RIGHTS

The foreign law governed claim must be sufficiently identifiable

Many financing arrangements are of a cross-border nature. For instance, a loan agreement governed by English law with the loan secured by a right of pledge governed by the laws of Aruba. This raises all kinds of questions.

Any foreign right, for instance a claim, in which an Aruban pledge is created, must be sufficiently identifiable (‘met voldoende bepaaldheid omschreven’) within in the meaning of section 3:84(2) of the Civil Code of Aruba.

Also, if one wishes to create a right of pledge in a foreign right, such a right must …
Read the rest »

23
Jan 2010
CATEGORY

Legal

COMMENTS No Comments

GROUP RESTRUCTURING AND REFINANCING

Plan and act prudently: better to be safe than sorry

Especially in these times of global economic and financial turmoil, a group (or part thereof) might want to consider restructuring and refinancing its operations or may be already in the process of doing so. When considering or carrying out such plans, careful thought must be given to potential (legal) risks involved. For instance, in many jurisdictions specific statutory provisions exist regarding fraudulent preference actions, i.e. actions that prejudice (specific) creditors. Such provisions often also apply in full with respect to (individual companies belonging to) a group of companies, and should …
Read the rest »

25
Mar 2009
CATEGORY

Corporate

COMMENTS No Comments

FOREIGN CLAIMS SECURED BY DUTCH CARIBBEAN SECURITY RIGHTS

The claim must be sufficiently identifiable

Many financing arrangements are of a cross-border nature. For instance, a loan agreement governed by English law with the loan secured by a Netherlands Antilles right of pledge. This raises all kinds of questions.

Any foreign right, for instance a claim, in which a Netherlands Antilles pledge is created, must be sufficiently identifiable (‘met voldoende bepaaldheid omschreven’) within in the meaning of section 3:84(2) of the Netherlands Antilles Civil Code.

Also, if one wishes to create a right of pledge in a foreign right, such a right must be a registered claim (‘een tegen …
Read the rest »

18
Oct 2008
CATEGORY

Legal

COMMENTS No Comments