Arbitration A party can initiate legal proceedings in a court of law to solve a legal dispute. Alternatively, the parties may opt to appoint one or more persons (arbitrators) to decide on the dispute and by whose decision they both agree to be bound. Why would one opt for binding dispute resolution (arbitration) over regular… Continue reading RESOLUTION OF PROBLEMS IN OR OUTSIDE THE COURT?
Category: Legal
LAW FIRM MARKETING
It is not about size In many cases and for many clients, the size of a law firm is not of much importance. What is important may differ from client to client, however the following more or less general concepts will undoubtedly play a role: the attitude of the professional, the quality of the services… Continue reading LAW FIRM MARKETING
NEGOTIATIONS IN THE DUTCH CARIBBEAN ARE SUBJECT TO THE PRINCIPLE OF GOOD FAITH
Disclosing or investigating? Under Dutch Caribbean law, during negotiations parties enter into a contractual relationship governed by good faith. This means that each party should take into account the justified interests of the other party. Each party should also take reasonable steps to avoid the other party reaching an agreement based on false assumptions. When… Continue reading NEGOTIATIONS IN THE DUTCH CARIBBEAN ARE SUBJECT TO THE PRINCIPLE OF GOOD FAITH
INTERNAL LIABILITY OF MANAGING DIRECTORS UNDER DUTCH CARIBBEAN LAW
Review without the benefit of hindsight The basic rule regarding the duty of a managing director is set forth in article 2:14 Netherlands Antilles Civil Code, which provides that each managing director has an obligation towards the company to properly perform the duties assigned to him. It follows from case law and legal doctrine that a… Continue reading INTERNAL LIABILITY OF MANAGING DIRECTORS UNDER DUTCH CARIBBEAN LAW
MiFID: WILL IT AFFECT THE DUTCH CARIBBEAN?
Markets in Financial Instruments Directive MiFID is an EU directive which provides a harmonized regulatory regime for investment services for all members of the European Economic Area and which became effective on 1 November 2007. MiFID’s objectives are to increase competition – and thus to make the price of corporate finance deals more competitive –… Continue reading MiFID: WILL IT AFFECT THE DUTCH CARIBBEAN?
JUNIOR VERSUS SENIOR DEBT IN THE DUTCH CARIBBEAN
High versus lower ranking debt A corporate take-over can be financed with debt and/or equity. For example, the current management of a company (the target) could incorporate a corporate vehicle (Newco) to acquire the shares of the target, while Newco is financed by banks or other lending institutions. Banks are typically senior debt holders, meaning… Continue reading JUNIOR VERSUS SENIOR DEBT IN THE DUTCH CARIBBEAN
PROMOTING GAMBLING AND GAMING FROM THE DUTCH CARIBBEAN
No specific law about advertising In the Netherlands Antilles there is no specific law relating to advertising or promoting on-line gambling/gaming; subsequently there are no restrictions on advertising and promoting these games to Netherlands Antilles citizens or citizens of other nations. Please note that the “Ordinance on agreements concluded electronically” (’Landsverordening overeenkomsten langs elektronische weg’), which became… Continue reading PROMOTING GAMBLING AND GAMING FROM THE DUTCH CARIBBEAN
TRANSFER OF STATUTORY SEAT WITHIN THE KINGDOM OF THE NETHERLANDS
A remedy against extraordinary events Upon the occurrence of certain extraordinary events, such as war, or immediate danger of war, or a revolution, a transfer of seat of a company is possible to other parts of the Kingdom, i.e., the Netherlands and Aruba (Act on Voluntary Transfer of Seat; ‘Rijkswet vrijwillige zetelverplaatsing van rechtspersonen’). The… Continue reading TRANSFER OF STATUTORY SEAT WITHIN THE KINGDOM OF THE NETHERLANDS
WILDERS ANTI-KORAN FILM: THE NETHERLANDS FEARS ATTACKS ON PEOPLE AND PROPERTIES
Calls to kill Mr. Wilders should be strongly condemned Freedom of expression is one of the cornerstones of the Dutch democracy. Within the boundaries of the law, one may say whatever one wants to. However, even within these boundaries, expressing one’s view can be highly irresponsible, especially if the purpose thereof is to demonize and offend… Continue reading WILDERS ANTI-KORAN FILM: THE NETHERLANDS FEARS ATTACKS ON PEOPLE AND PROPERTIES
HOW MANY POLITICIANS DO WE NEED IN THE NETHERLANDS PARLIAMENT?
150 + 75 members seems too much The Dutch House of Representatives or Lower House (‘Tweede Kamer’) has 150 members (MPs). Members of the Lower House receive an allowance for expenses for their work. This is called a compensation. The amount of the compensation is € 83,398.32 per MP per year. They also receive a holiday… Continue reading HOW MANY POLITICIANS DO WE NEED IN THE NETHERLANDS PARLIAMENT?
DUTCH MAILBOX COMPANIES
It’s not merely a mailbox According to the OECD (Organization for Economic Co-operation and Development), a tax haven (or offshore jurisdiction) is a jurisdiction that actively makes itself available for the avoidance of taxes which would otherwise be paid in a higher tax jurisdiction. There are more advanced and less advanced offshore jurisdictions. The concessions and benefits… Continue reading DUTCH MAILBOX COMPANIES
SELLING LEASED PROPERTY IN THE NETHERLANDS ANTILLES
The lessee is protected (in principle) As a general principle, the rights of a lessee must be protected in the event leased property is sold. Therefore, according to Dutch Caribbean law, in the event of the sale of a leased property, either a regular sale or a foreclosure sale, the (material) obligations in any lease agreement with… Continue reading SELLING LEASED PROPERTY IN THE NETHERLANDS ANTILLES