Code Corporate Governance Curacao On January 1, 2010, the National Ordinance regarding corporate governance came into effect. Based on this the Code Corporate Governance Curacao came into being, that also came into effect on January 1, 2010. In it, reference is still made to the Executive Council and the island territory of Curacao, but as… Continue reading GOVERNMENT AND CORPORATE GOVERNANCE (IV)
Author: Karel Frielink
GOVERNMENT AND CORPORATE GOVERNANCE (III)
The government is not automatically an ‘ordinary’ shareholder It is obvious that in a small community such as that of Curacao, with only a limited choice when it comes to directors and supervisory directors to be appointed, and in which (family, social) networks seem to play an important role in making choices, there is a… Continue reading GOVERNMENT AND CORPORATE GOVERNANCE (III)
GOVERNMENT AND CORPORATE GOVERNANCE (II)
Government (not) at a distance? Being a director of a government-owned company is certainly not always as easy. Neither is being a shareholder in a government-owned company. The directors will usually complain about too much influence from politicians, while the politicians will usually find that they have too little grip on government-owned companies. In this… Continue reading GOVERNMENT AND CORPORATE GOVERNANCE (II)
GOVERNMENT AND CORPORATE GOVERNANCE (I)
For Hobbes, it is certain that there must be a sovereign According to Thomas Hobbes we all have natural passions that carry us to, among other things, partiality, pride, and revenge. The laws of nature, as Hobbes sees them, including ‘justice’, ‘equity’, ‘modesty’, and ‘mercy’, are contrary to our passions. Therefore, we will only observe… Continue reading GOVERNMENT AND CORPORATE GOVERNANCE (I)
CURACAO MINISTER OF JUSTICE VERSUS PROCURATOR GENERAL
A Minister should not interfere in a criminal investigation On 25 April 2012 the Curacao Minister of Justice (‘MofJ‘) Elmer ‘Kadè’ Wilsoe submitted an official request in a letter to the American Minister of Foreign Affairs Hillary Clinton to raise the attachment of the bank balances of lottery owner Dos Santos in the United States.… Continue reading CURACAO MINISTER OF JUSTICE VERSUS PROCURATOR GENERAL
CURACAO COURT INTERVENES IN POLITICAL APPOINTMENT
Political appointments unacceptable The Court of First Instance of Curacao passed judgment on 23 January 2012 in the case of Selikor N.V. versus Drs. Ivar Asjes (JOR 2012, 105). This case is a follow-up to the judgment of the Joint Court of Appeal of the Netherlands Antilles and Aruba of 10 August 2010, JOR 2010,… Continue reading CURACAO COURT INTERVENES IN POLITICAL APPOINTMENT
MINISTER OF JUSTICE ECONOMICAL WITH THE TRUTH
Minister of Justice of Curacao should step down The Antilliaans Dagblad today published the letter sent by Minister of Justice, Elmer ‘Kadè’ Wilsoe (PS), to Hillary Rodham Clinton and Eric H. Holder on 25 April 2012. From this letter it follows that Wilsoe tried to interfere with the investigation by the Public Prosecutor (OM) into… Continue reading MINISTER OF JUSTICE ECONOMICAL WITH THE TRUTH
DUTCH CARIBBEAN LEGAL PORTAL
Aruba, Bonaire, Curacao, St. Maarten, St. Eustatius and Saba There is a large legal community in the Dutch Caribbean. Until 2007 there was no website with news and general information about the legal system of the Dutch Caribbean, its institutions and its practitioners. Dutch Caribbean Legal Portal aims to fill this void and strives to… Continue reading DUTCH CARIBBEAN LEGAL PORTAL
INQUIRY PROCEDURE IN CURACAO
Important court decision for the local trust practice On 30 March 2012 the first petition for an inquiry procedure under the new law was dealt with by the Joint Court of Justice of Aruba, Curacao and St. Maarten, and of Bonaire, St. Eustatius and Saba. Karel Frielink and Dinesh Mishre had the honor of acting… Continue reading INQUIRY PROCEDURE IN CURACAO
BANKING SUPERVISION IN CURACAO AND SINT MAARTEN
Prudential rules and requirements The Central Bank of Curacao and St. Maarten is responsible for the care of the financial system’s health, effected through on and off site inspections of the banking and other financial institutions authorized to operate in Curacao and St. Maarten. The National ordinance on the supervision of banks and credit institutions… Continue reading BANKING SUPERVISION IN CURACAO AND SINT MAARTEN
SURPRISE RULING BY SINT MAARTEN COURT
Court introduces non-statutory transfer of employees In the Netherlands (the European part of the Kingdom), when an undertaking (onderneming) is transferred from one person or entity to another, by operation of law the employees have an employment relationship with the new owner on the terms and conditions agreed with the old employer. For example, such… Continue reading SURPRISE RULING BY SINT MAARTEN COURT
ASSIGNMENT OF RECEIVABLES IN CURACAO
Notification no longer necessary for perfection of assignment Under Curacao law the transfer of ownership requires transfer of title (levering) pursuant to a valid legal title (geldige titel) by a person who has the power of disposal over the asset (beschikkingsbevoegheid) being transferred. The rules on transfer of title (levering) are equally applicable to the… Continue reading ASSIGNMENT OF RECEIVABLES IN CURACAO
