LIFTING THE CORPORATE VEIL IN ARUBA

Only under exceptional circumstances

In terms of “piercing the corporate veil” and shareholders’ liability, the laws of the Netherlands and Aruba are nearly identical. As far as a tort matter concerns the laws of Aruba, Dutch case-law and Dutch legal literature should be considered as well.

In exceptional cases shareholders of an Aruba company can be liable for the company’s debts and obligations. Generally, two grounds for such liability are mentioned: a tort (onrechtmatige daad) committed by the shareholder and an “alter ego” situation (vereenzelviging) as regards the shareholder and his company. Under Aruba law, both can be categorized under …
Read the rest »

08
Nov 2013
CATEGORY

Corporate

COMMENTS No Comments

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 between the assets and liabilities of the company and those of the shareholder.

Piercing the corporate veil in its purest form means making a shareholder responsible for the actions of the company. In essence this means ignoring the separate legal identity of the company. …
Read the rest »

27
Feb 2010
CATEGORY

Corporate

COMMENTS No Comments

PIERCING THE CORPORATE VEIL IN THE DUTCH CARIBBEAN

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 between the assets and liabilities of the company and those of the shareholder.

Piercing the corporate veil in its purest form means making a shareholder responsible for the actions of the company. In essence this means ignoring the separate legal identity of the company. …
Read the rest »

20
Jan 2009
CATEGORY

Corporate

COMMENTS No Comments