Author: Karel Frielink

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?

The Pearl and the Capital of the Caribbean Despite the recent revolutionary changes of the fiscal and e-commerce legal framework in Curaçao, the Island is still not discovered on a broad scale by foreign exporters, especially exporters in Asia (China, Japan, Singapore, India, etc.). In particular those exporters should consider exporting to Latin America using… Continue reading Untitled

A waste of money? Under the laws of the Netherlands Antilles and Aruba, directors of companies can be held liable if they are engaged in grossly negligent or reckless conduct, intentional misconduct, or a knowing violation of law. In principle, such directors cannot be held personally liable for ordinary negligence or ordinary mistakes. Directors liability… Continue reading LIABILTY INSURANCE FOR DIRECTORS OF COMPANIES

Legal services, legal advice, a legal forum, free legal advice? If you are searching the internet what exactly are you looking for and what do you expect to find? Legal services, legal advice, a legal forum, free legal advice, tax advice or tax services? This legal weblog is now up en running for about five… Continue reading WHAT ARE YOU LOOKING FOR?