What if he becomes the next President of the U.S.? We have seen the results in Iowa and New Hampshire: Barack Obama gained much attention and got many votes. So there is a (slight) chance that he might be the Democratic candidate in the U.S. Presidential race, although no one should underestimate Hillary Clinton. Obama might even win… Continue reading BARACK OBAMA: WHAT HAS THE DUTCH CARIBBEAN TO GAIN OR TO LOSE?
Category: Legal
NEW GERMAN GAMING LAW IN VIOLATION WITH EU LAW
State monopolies granted exclusivity New gaming/gambling legislation entered into force in Germany on 1 January 2008. Although one would expect Germany to observe the laws and regulations of the European Community, it confirmed the country’s state monopolies on lotteries and sports betting and, despite several judgments of the EU Court of Justice (e.g. Placanica et al.),… Continue reading NEW GERMAN GAMING LAW IN VIOLATION WITH EU LAW
THE GLAMOROUS LIFE OF LAWYERS?
The New York Times on the Falling-Down Professions Glitter. Glamour. Being a star. Making millions. Ally McBeal. L.A. Law expectations… Reality is different though, or isn’t it? Apparently, starters want it all and quick, quick, quick (click here for the whole story). Who wants to be a lawyer/attorney or physician these days? Who wants a… Continue reading THE GLAMOROUS LIFE OF LAWYERS?
WEIRD COURT CASES
From coin toss to suing God Professor Gary Slapper is a collector of amusing and curious anecdotes from the world of law. The most recent one he described is about a judge who called for a coin toss to decide a family dispute but finds himself tossed from the bench. TimesOnline asked Professor Slapper to… Continue reading WEIRD COURT CASES
CONSTITUTIONAL RESTRUCTURING PROCESS IN THE NETHERLANDS ANTILLES
What are some struggles that lay ahead for Curacao? Soon, i.e. somewhere in 2009, Curacao will become an autonomous island within the Kingdom of the Netherlands. It is the next step in the development of the former colony Curacao into a more or less independent country. Some points of attention and concern are (in random… Continue reading CONSTITUTIONAL RESTRUCTURING PROCESS IN THE NETHERLANDS ANTILLES
CHRISTMAS TREE OR HOLIDAY TREE?
An on-going debate A (lighted and decorated) Christmas tree is one of the traditions of Christmas celebrations. But this name is not uncontroversial, in particular in the USA. Some believe it should be called a ‘holiday tree’, especially when it is the town’s or city hall’s tree. The reason: the constitutional separation between state affairs and… Continue reading CHRISTMAS TREE OR HOLIDAY TREE?
THE ANNULMENT OF A DECISION BY A CORPORATE BODY UNDER DUTCH CARIBBEAN LAW
Annulment requires a court decision A resolution of a Netherlands Antilles corporate body (NV, BV, association or foundation) may be declared null and void when there is no quorum, majority, proposal, nomination and proposal for appointment or authorization required by the corporate code or its articles (section 2:21 par 1 Netherlands Antilles Civil Code). A… Continue reading THE ANNULMENT OF A DECISION BY A CORPORATE BODY UNDER DUTCH CARIBBEAN LAW
FRANCHISE AGREEMENTS AND SANCTIONS UNDER THE LAWS OF THE DUTCH CARIBBEAN
A general authority to impose fines could be unenforceable A franchise agreement normally contains certain sanctions in case one of the parties is not or only partially performing its obligations, e.g. the imposition of fines. In accordance with Netherlands Antilles law, the standards of reasonableness and fairness and all specific circumstances of the case must… Continue reading FRANCHISE AGREEMENTS AND SANCTIONS UNDER THE LAWS OF THE DUTCH CARIBBEAN
BUSINESS LICENSES UNDER THE LAWS OF THE DUTCH CARIBBEAN
A license is required A Netherlands Antilles limited liability company (NV or BV) and each of its managing directors must obtain a business and directors license. Only managing directors that are born in the Netherlands Antilles and have the Dutch nationality are exempted and do not have to obtain a directors license. If the company… Continue reading BUSINESS LICENSES UNDER THE LAWS OF THE DUTCH CARIBBEAN
GOVERNMENT CONTROL IN A COMPANY AND EU LAW
Infringement of EU principle of free movement of capital AEM SpA (Azienda Elettrica Milanese SpA) is a company limited by shares set up by the Commune of Milan operating in the public service sector as distributor of gas and electricity, the management of which it was granted by that commune. In 1998 its shares were… Continue reading GOVERNMENT CONTROL IN A COMPANY AND EU LAW
COMPANY REGISTRATION OBLIGATIONS UNDER DUTCH CARIBBEAN LAW
Records must be kept up-to-date The board of managing directors of a Netherlands Antilles NV or BV must keep a register in which the names and addresses of all holders of registered shares shall be recorded, stating the class of share, the voting rights attached thereto, the amount paid thereon or credited as paid, the… Continue reading COMPANY REGISTRATION OBLIGATIONS UNDER DUTCH CARIBBEAN LAW
RECORD KEEPING OBLIGATIONS OF DUTCH CARIBBEAN LIMITED LIABILITY COMPANIES
Records must be kept for 10 years The board of managing directors of a Netherlands Antilles NV or BV must for administrative purposes keep a record of the financial condition and of everything relating to the activities of the NV or BV according to the requirements to which such activities give rise, and it must… Continue reading RECORD KEEPING OBLIGATIONS OF DUTCH CARIBBEAN LIMITED LIABILITY COMPANIES