Author: Karel Frielink

Freedom of such mergers confirmed According to a press release of the European Commission the general refusal in Germany to register a legal merger between companies in the commercial register where one is established in another member state is contrary to community law. “This difference in treatment between companies, according to whether the merger is… Continue reading CROSS-BORDER LEGAL MERGERS IN EUROPE

Holding companies are not investing An investment company is a company that raises or has obtained pecuniary means or other property to be used for collective investment with the objective of allowing the participants to benefit of the revenues of the investments. The Netherlands Antilles National Ordinance Supervision of Investment Institutions and Administrators (‘Landsverordening Toezicht… Continue reading INVESTMENT COMPANY REGULATIONS IN THE NETHERLANDS ANTILLES

Electronic files will not be disregarded as evidence A Netherlands Antilles or Aruban court may base its decision on facts only. If something is not disputed by the parties it is such a fact, even if it does not correspond with reality. For example, if both parties state that they were involved in a fight… Continue reading SCANNED EVIDENCE UNDER THE LAWS OF THE NETHERLANDS ANTILLES AND ARUBA

Facilitating payments versus bribery? Many companies operate in many countries. Sometimes local custom and practice dictate that like tipping a waiter, a company pays for (government) services to speed-up a certain process or application. Why would you wait five months for getting electricity to your factory if you can get it in three weeks? However,… Continue reading SENSITIVE TRANSACTIONS

Sweepstakes are popular for product promotion Article 1 of the Netherlands Act on Games of Change prohibits: absent a permit, offering the opportunity of contending for prizes or bonuses if the winner is selected by any determination of chance, which determination is not subject to a preponderating influence by the participant. Therefore, games of chance… Continue reading NEW SWEEPSTAKES REGULATIONS IN THE NETHERLANDS

There are certain exceptions Many contracts are concluded on the telephone. Often a (fax) confirmation is sent of the most important terms of the transaction. However, an oral contract as such creates a binding transaction under Netherlands Antilles and Aruban law. Oral agreements are valid and binding, unless the law requires certain formalities to be… Continue reading ORAL CONTRACTS ARE VALID AND BINDING UNDER THE LAWS OF THE NETHERLANDS ANTILLES AND ARUBA

Wikipedia victim of its policy? There are many websites inviting you to contribute. Wikipedia, the world’s largest virtual encyclopedia, is one of them. However, people can post false information. Recently, a man posted false information on this online encyclopedia linking a prominent journalist to the Kennedy assassinations. What started as a joke, became serious business.… Continue reading IS IT TRUE BECAUSE IT IS ON THE INTERNET?

A non-possessory pledge requires a deed Especially in financing transactions, security rights are an important issue. 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 the Netherlands Antilles there are several kinds of… Continue reading NON-POSSESSORY PLEDGE UNDER THE LAWS OF THE NETHERLANDS ANTILLES

Are you looking for the hottest firm in town? Whether you live in the UK, the USA or the Netherlands Antilles, almost every lawyer (attorney) or law firm claims to be the best, leading, etcetera. Why are they trying so hard? And does it do the trick for you? Are you looking for the hottest… Continue reading ALMOST EVERY LAWYER OR LAW FIRM CLAIMS TO BE THE BEST

Gathering and investigating legal, tax and other information A prospective buyer of a company may want to investigate and gather as much information as possible about that company and its business. The main purpose is to decide whether to proceed with the transaction and establish areas of risk that need particular attention. More in general,… Continue reading WHAT IS A DUE DILIGENCE INVESTIGATION?

What actually is an e-commerce lawyer? Lawyers seem to be rather traditional people. They don’t control the internet; the technology experts do. Does your lawyer understand anything at all about your e-commerce business? E-commerce differs from ‘traditional’ commercial activities in that it operates with multilevel efficiencies. It includes both one-way broadcasting and two-way communication with… Continue reading DOES YOUR LAWYER UNDERSTAND INTERNET?