IMPACT OF THE LIABILITY TO THE DIRECTOR OF THE DIRECTOR (II)

2nd degree director as director of a foreign corporate director

It appears from the 2011 ruling referred to by the Supreme Court that Section 2:11 of the Dutch Civil Code is applicable to the joint and several liability of a director of a Dutch legal entity being a director of another Dutch legal entity. The Supreme Court confirmed this doctrine again in clear wording in its decision of 21 June 2013.

The conclusion is as follows:

  • a director (legal entity or natural person) can only be liable under Section 2:11 of the Dutch Civil Code for the debts of another …
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  • 06
    Sep 2013
    CATEGORY

    Corporate

    COMMENTS No Comments

    SERVICE OF PROCESS

    A bailiff must be engaged

    What is the procedure for the service of foreign proceedings under the procedural laws of Aruba, Bonaire, Curaçao, St. Maarten, St. Eustatius and Saba for a company having its registered address in one of those territories, for instance Curaçao?

    Under Curaçao procedural law, the service of proceedings on a Curaçao legal person will be done by means of a bailiff’s notification. This notification shall be served (i) on the person or residence of the president of the management board of the company or (ii) on the business and/or registered address of the company.

    Curaçao procedural …
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    15
    Aug 2013
    CATEGORY

    Legal

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    CURACAOSE JONGEREN NAAR TENNISTOERNOOI IN DOMINICAANSE REPUBLIEK

    Internationaal JITIC-kampioenschap

    Vandaag zijn 14 jeugdige tennisspelers voor ruim een week naar Santo Domingo vertrokken om mee te doen aan het regionale JITIC-kampioenschap (Junior International Tennis Championships). Het tennistoernooi vindt plaats van 3 tot 9 augustus 2013. Aan dit internationale tennistoernooi nemen verschillende landen in de regio deel. De host van het toernooi is de Dominicaanse tennisbond Federacion Dominicana de Tenis.

    De jeugdtennissers hebben een intensief trainingsprogramma gevolgd onder auspiciën van de Tennis Federatie Curaçao. Ze zijn getraind door Roy Bottse, de voorzitter van de TFC, en coach Jason Engelhardt.

    De deelnemers van Curaçao:

    Jongens tot 14 jaar: Aydan Gomez …
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    01
    Aug 2013
    CATEGORY

    Various

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    PROPOSED REVIEW DUTCH CARIBBEAN CROSS BORDER MERGER LEGISLATION

    Proposed bill introduces outbound mergers

    Earlier in 2010, a draft bill was proposed to amend the Corporate Code (Book 2 Civil Code) of Curacao, St. Maarten, Bonaire, St. Eustatius and Saba (which formerly constituted the Netherlands Antilles). Hopefully, the Bill comes into force in 2011.

    The possibility already currently exists that in connection with a merger, a foreign legal entity as the disappearing legal entity merges with a comparable legal form of Book 2 BW on the condition that the law governing that foreign legal entity is not incompatible with the merger and the manner in which it is brought …
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    17
    Nov 2010
    CATEGORY

    Corporate

    COMMENTS No Comments

    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

    COMMENTS No Comments

    CARIBBEAN KIDS NEWS

    CKN is seeking financial support

    Caribbean Kids News (CKN) is a unique program for Aruba, Bonaire, Curacao, St. Maarten, St. Eustatius and Saba, thus for six very special but quite different islands.

    For the first time a news program informs young people between 9 and 14 years and gives them a voice in the Caribbean region. The Caribbean Kids News broadcasts since September 2009 in English and Papiamento (with subtitles in Dutch or English).

    The Foundation Youth into Media, a nonprofit organization responsible for the sustainable development of this youth news program, is looking for businesses, organizations and private persons willing …
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    23
    Sep 2010
    CATEGORY

    Various

    COMMENTS No Comments

    CARIBBEAN KIDS NEWS WINS KNN AWARD 2010

     CKN-KNN Award 2010

    Item about fire trucks (click here)

    The kids news in the Netherlands Antilles and Aruba has won the ‘KNN Award’ during the annual summit of the eight Kids News Network programmes. The award is a yearly professional prize for the best report of the network (see FreeVoice news item).

    Sulin Passial, chief editor of the Caribbean Kids News has proudly received the price in the form of a South African art piece, on behalf of her team (picture …
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    24
    May 2010
    CATEGORY

    Various

    COMMENTS No Comments

    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

    COMMENTS No Comments

    THE DUTCH CARIBBEAN AND ITS CIVIL LAW SYSTEM

    Abstract rules are the starting point

    The Netherlands Antilles are an autonomous part of the Kingdom of the Netherlands. The Kingdom of the Netherlands is composed of three parts: the Kingdom in Europe (popularly known as Holland, north of Belgium and west of Germany), the Netherlands Antilles (in the Caribbean Sea, north of Venezuela), and Aruba (also in the Caribbean Sea, north of Venezuela). Within the Kingdom of the Netherlands, the Netherlands Antilles are autonomous except for matters of defense and foreign affairs. Curacao is the largest of five islands that form the Netherlands Antilles. The other islands are Saba, St …
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    21
    Nov 2009
    CATEGORY

    Legal

    COMMENTS No Comments

    CARIBBEAN KIDS NEWS

    The Dutch Antillean ‘Jeugdjournaal’

    The Curacao-based Foundation Youth Into Media (Stichting Youth Into Media) is responsible for the sustainable development of a youth news program – Caribbean Kids News – on television and the internet for the Netherlands Antilles and Aruba. The first show of ‘Caribbean Kids News’ was on September 14, 2009 on TeleCuracao.

    Caribbean Kids News is a unique program for Aruba and the Netherlands Antilles (Curacao, Bonaire, St. Maarten, St. Eustatius and Saba), thus for six very special but quite different islands. For the first time a news program informs young people between …
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    26
    Oct 2009
    CATEGORY

    Various

    COMMENTS No Comments

    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

    COMMENTS No Comments