Nobel Winds & Breezes Good poetry begins with the lightest touch, a breeze arriving from nowhere, a whispered healing arrival, a word in your ear, a settling into things, then like a hand in the dark it arrests the whole body, steeling you for revelation. (David Whyte) Let’s talk about winds. Nobel winds. Nobel winds… Continue reading FINAL POSTING OF 2009
Author: Karel Frielink
A COMPARISON OF THE DUTCH BV AND THE DUTCH ANTILLEAN BV
There are similarities and differences There are certain similarities between the Dutch and the Antillean BV, in fact they are fundamentally the same type of entity. The main object of the Antillean legislator was, however, flexibility and maximum freedom of organization and presentation. Accordingly, the Antillean Act contains few mandatory provisions, such as provisions relating… Continue reading A COMPARISON OF THE DUTCH BV AND THE DUTCH ANTILLEAN BV
THE INCORPORATION OF A NETHERLANDS CARIBBEAN LIMITED LIABILITY COMPANY
Incorporating an NV or BV is not a hassle The act on corporate law (Book 2 Netherlands Antilles Civil Code) governs the NV (‘public limited liability company’) and BV (‘private limited liability company’). These companies can be used for group finance or holding activities, (international) joint-ventures, funds, structured finance and “plain-vanilla” (local) activities. A notarial… Continue reading THE INCORPORATION OF A NETHERLANDS CARIBBEAN LIMITED LIABILITY COMPANY
THE CUSTODY OF SECURITIES IN THE NETHERLANDS CARIBBEAN
Separate legal entity Generally, securities that must be held by a Netherlands Antilles bank on behalf of its clients will be held by a custodian. In most cases the custodian is either a foundation (‘stichting’) or a wholly owned subsidiary (NV or BV) of the bank. The scope of the activities of the custodian will… Continue reading THE CUSTODY OF SECURITIES IN THE NETHERLANDS CARIBBEAN
NETHERLANDS CARIBBEAN BANK N.V. IN LIQUIDATION
Notice of Filing Final Account Notice is hereby given that, pursuant to Section 31, paragraph 7, of the Netherlands Antilles Civil Code, on the 1st of December 2009, the liquidator’s final account has been lodged for inspection at the office of the company (Kaya W.F.G. (Jombi) Mensing 14, Curacao), at the office of the liquidator… Continue reading NETHERLANDS CARIBBEAN BANK N.V. IN LIQUIDATION
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… Continue reading NETHERLANDS CARIBBEAN BANKS AND REGULATORY ISSUES
TED – IDEAS WORTH SPREADING
Riveting talks by remarkable people, free to the world How to keep yourself informed about the newest innovations and the most fascinating ideas of our time? Through TED.com (free videos), the TED annual conferences, the annual TED Prize, local TEDx events and TED Twitter. TED stands for Technology, Entertainment, Design. TED is an academic organization owned… Continue reading TED – IDEAS WORTH SPREADING
AN INCONVENIENT TRUTH, A CONVENIENT LIE?
Global Warming Research Data Manipulated? Computer hackers have broken into a server at a well-respected climate change research center of a University in Britain and posted hundreds of private e-mails and documents online — fueling debate over whether some scientists have overstated the case for man-made climate change (click here). According to the New York… Continue reading AN INCONVENIENT TRUTH, A CONVENIENT LIE?
HELP MAKE CURACAO ABLED
The Laura and Wagner Foundation Fundraising Evening On Thursday December 3, 2009, the Laura and Wagner Foundation are holding a fundraising evening at the Netherlands Antilles Central Bank. Special guests will appear via TeleConference to discuss how to make technology more abled for the disabled. Click here to read the flyer. The Laura and Wagner Foundation… Continue reading HELP MAKE CURACAO ABLED
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… Continue reading THE DUTCH CARIBBEAN AND ITS CIVIL LAW SYSTEM
THE ARTICLES OF ASSOCIATION OF A DUTCH CARIBBEAN LEGAL ENTITY (III)
Case law the principle of good faith A legal entity and all involved in its organization have a legal duty to behave towards each in accordance with the principles of reasonableness and fairness, i.e. (objective) good faith. A provision or requirement contained in a legal entity’s articles of association or by-laws, may be set aside… Continue reading THE ARTICLES OF ASSOCIATION OF A DUTCH CARIBBEAN LEGAL ENTITY (III)
THE ARTICLES OF ASSOCIATION OF A DUTCH CARIBBEAN LEGAL ENTITY (II)
Limitations on the applicability of provisions As a general matter of Netherlands Antilles law, the interpretation of terms contained in legal documents, such as the articles of association and the by-laws, however only to a certain extent, inter alia subject to the intention of the parties, and the enforcement thereof, is subject to the overriding… Continue reading THE ARTICLES OF ASSOCIATION OF A DUTCH CARIBBEAN LEGAL ENTITY (II)