This will be my final posting for 2008. What a year. It feels as if the whole world has changed more rapidly than ever before and not only as a result of the economic turmoil. The year 2009 is about to begin and it won’t be an easy year. Many will suffer from the… Continue reading FINAL POSTING OF 2008
Category: Legal
THREE QUESTIONS ABOUT DUTCH CARIBBEAN PREJUDGMENT ATTACHMENT
FAQ Question 1 How easily can one obtain permission to freeze assets? The Netherlands Antilles Code of Civil Procedure provides the possibility to seize and freeze assets in anticipation of a court order to pay a certain amount or to return certain goods. This legal remedy is referred to as prejudgment attachment or seizure (conservatoir… Continue reading THREE QUESTIONS ABOUT DUTCH CARIBBEAN PREJUDGMENT ATTACHMENT
THREE QUESTIONS ABOUT DUTCH CARIBBEAN CIVIL PROCEEDINGS
FAQ Question 1 Are there any particular issues that concern foreign plaintiffs in the Netherlands Antilles? If proceedings on the merits are initiated by a non-resident plaintiff, the defendant may ask the court to order that the plaintiff provide security for damages, costs and interest which it might be liable to pay as a result… Continue reading THREE QUESTIONS ABOUT DUTCH CARIBBEAN CIVIL PROCEEDINGS
THREE QUESTIONS ON DUTCH CARRIBBEAN BANKRUPTCY LAWS
FAQ Question 1 In which cases and by whom may bankruptcy proceedings be initiated in accordance with Netherlands Antilles bankruptcy law? Filing for bankruptcy may be done either by the debtor itself or by one or more of its creditors. If the debtor is a company, the managing directors do not have the authority to… Continue reading THREE QUESTIONS ON DUTCH CARRIBBEAN BANKRUPTCY LAWS
NEW PRESIDENT CURACAO BAR ASSOCIATION
Meeting held on 12 December 2008 At the Curacao Bar Association’s annual meeting, Karel Frielink (Spigthoff) was formally elected to serve as President of the Curacao Bar Association for a two year-term. He is the successor of Eric de Vries (HBN Law). Eric Bokkes (Bokkes Fontein Advocaten), Daniel Zahavi (ZL Law) and Chester Peterson (Sulvaran… Continue reading NEW PRESIDENT CURACAO BAR ASSOCIATION
THE GENERAL PENSION FUND OF THE NETHERLANDS ANTILLES
The APNA is subject to supervision The General Pension Fund of the Netherlands Antilles (‘Algemeen Pensioenfonds van de Nederlandse Antillen’; the “APNA”) is governed by its own State Ordinance (‘Landsverordening Algemeen Pensioenfonds van de Nederlandse Antillen’; “SOAPNA”). The APNA is subject to supervision by the Netherlands Antilles Central Bank and, as far as the annual… Continue reading THE GENERAL PENSION FUND OF THE NETHERLANDS ANTILLES
DUTCH CARIBBEAN COURT DECISION IN TELECOM CASE
Scarlet about to enter telecom market in Sint Maarten On 18 November 2008, the Administrative Court in Sint Maarten ruled that the Executive Council of Sint Maarten was not authorized to refuse Scarlet a business license for the provision and operation of international telecommunications services in Sint Maarten (click here for the judgment). Scarlet, represented… Continue reading DUTCH CARIBBEAN COURT DECISION IN TELECOM CASE
INSURANCE BUSINESS IN THE DUTCH CARIBBEAN (III)
A broker must be registered Under the National Ordinance on the supervision of the insurance brokerage business 2003 (Landsverordening toezicht assurantiebemiddelingsbedrijf 2003, “NOSA”), insurance brokers (assurantiebemiddelaars) are prohibited from providing services as an insurance broker unless they are registered in the relevant register administered by the Central Bank. “Insurance Broker” means anyone who, other than… Continue reading INSURANCE BUSINESS IN THE DUTCH CARIBBEAN (III)
INSURANCE BUSINESS IN THE DUTCH CARIBBEAN (II)
Limitations apply to a foreign insurance company A foreign insurance company, i.e. a company not having its seat in the Netherlands Antilles and not operating through any kind of branch office (including a local representative), is allowed to insure a risk located in the Netherlands Antilles (for instance Curaçao), provided this occurs on an incidental… Continue reading INSURANCE BUSINESS IN THE DUTCH CARIBBEAN (II)
INSURANCE BUSINESS IN THE DUTCH CARIBBEAN (I)
A license is required The insurance business in the Netherlands Antilles is regulated by the National Ordinance on the Supervision of the Insurance Business 1990 (Landsverordening toezicht verzekeringswezen, the “NOSI”). The NOSI divides the insurance business into life insurance and indemnity insurance products. Indemnity insurance products are in turn divided into a number of categories:… Continue reading INSURANCE BUSINESS IN THE DUTCH CARIBBEAN (I)
SERVICE OF PROCESS IN THE DUTCH CARIBBEAN
This is done by a bailiff What is the procedure for the service of foreign proceedings under Netherlands Antilles procedural law for a company having its registered address in, for instance Curaçao? Under Netherlands Antilles procedural law, the service of proceedings on a Netherlands Antilles legal person will be done by means of a bailiff’s… Continue reading SERVICE OF PROCESS IN THE DUTCH CARIBBEAN
AGENCY AGREEMENTS IN THE DUTCH CARIBBEAN
An agent is entitled to commission Under the Civil Code of the Netherlands Antilles (article 7:428), an agency agreement is defined as a contract for a fixed or indefinite period of time between a principal and an agent, whereby the agent agrees, against payment, to mediate in the conclusion of contracts and to eventually conclude… Continue reading AGENCY AGREEMENTS IN THE DUTCH CARIBBEAN