Shareholders may inspect the register Every shareholder of a Netherlands Antilles NV or BV may inspect the register of the company regarding the shares held by them. The articles of association of a particular company may confer the right for inspection on others. In most cases a shareholder may however only inspect the register of… Continue reading THE SHAREHOLDERS REGISTER OF A DUTCH CARIBBEAN LIMITED LIABILITY COMPANY
TRANSFERS FOR NO CONSIDERATION UNDER THE LAWS OF THE DUTCH CARIBBEAN
The law protects creditors In general the law in the Netherlands Antilles does not prohibit transfers for no consideration. It should however be pointed out that under Netherlands Antilles law, statutory provisions exist which ensure that transactions whose only reason is to disadvantage creditors or make it impossible for them to seek recourse, may not… Continue reading TRANSFERS FOR NO CONSIDERATION UNDER THE LAWS OF THE DUTCH CARIBBEAN
GENERAL CONDITIONS UNDER THE LAWS OF THE DUTCH CARIBBEAN
General conditions may be nullified Since 1 January 2001 the Civil Code (CC) of Aruba and the Netherlands Antilles contains a section on general terms and conditions. By including this section in the CC the legislator tried to strengthen judicial supervision of the terms of general conditions in order to protect contracting parties against the… Continue reading GENERAL CONDITIONS UNDER THE LAWS OF THE DUTCH CARIBBEAN
STATUTORY MERGERS IN THE DUTCH CARIBBEAN
A notarial deed is required A statutory merger involves at least two legal entities. The law uses the terms acquiring and disappearing legal entity. The law specifies that only legal entities having the same legal form may merge, specifying that a BV (closed limited liability company) and a NV (public limited liability company) are considered… Continue reading STATUTORY MERGERS IN THE DUTCH CARIBBEAN
THE DISMANTLING OF THE NETHERLANDS ANTILLES
Info Bulletin Dismantling available The country The Netherlands Antilles (‘het Land de Nederlandse Antillen’) will cease to exist, presumably in 2010. Like Aruba, although slightly different, Curacao and St. Maarten will receive the status of autonomous country within the Kingdom of the Netherlands in accordance with referendums held on both islands. Bonaire, St. Eustatius and… Continue reading THE DISMANTLING OF THE NETHERLANDS ANTILLES
CRIMINAL PROSECUTION GEERT WILDERS
Press release Amsterdam Court of Appeal Amsterdam Court of Appeal orders the criminal prosecution of the Member of Parliament of the Dutch Second Chamber Geert Wilders Amsterdam, 21 january 2009 – On 21 January 2009 the Court of Appeal in Amsterdam ordered the criminal prosecution of the member of parliament Geert Wilders for the incitement… Continue reading CRIMINAL PROSECUTION GEERT WILDERS
PIERCING THE CORPORATE VEIL IN THE DUTCH CARIBBEAN
Ignoring the legal personality of a company A shareholder is not personally liable for acts performed in the name of the company and is not liable to contribute to losses of the company in excess of the amount which he must pay to the company as contribution for his shares. There is therefore a legal… Continue reading PIERCING THE CORPORATE VEIL IN THE DUTCH CARIBBEAN
THE LAWS OF TORT IN THE DUTCH CARIBBEAN
Unlawful acts and damage Section 6:162 paragraph 1 Netherlands Antilles Civil Code (NACC) stipulates four conditions for someone’s obligation to compensate damage based on an unlawful act (tort): A person has committed an unlawful act (onrechtmatige daad) against another person (the victim); and the act can be attributed (toegerekend) to that person; and the victim… Continue reading THE LAWS OF TORT IN THE DUTCH CARIBBEAN
PRE-TRIAL MOTIONS IN THE DUTCH CARIBBEAN
Differences with the United States Netherlands Antilles civil proceedings differ substantially from those in the United States. In the Dutch Caribbean there are, for instance, no juries. In principle, legal proceedings are basically conducted in writing. Oral pleadings are customary in preliminary relief proceedings, but optional in proceedings on the merits. Discovery proceedings like those… Continue reading PRE-TRIAL MOTIONS IN THE DUTCH CARIBBEAN
INDEPENDENT SUPERVISORY BOARD IN THE DUTCH CARIBBEAN
Should be mandatory for government-owned entities Under the laws of the Netherlands Antilles, the main task of a board of supervisory directors is to supervise the board of managing directors of a limited liability company (NV or BV). The Corporate Code provides for two different kinds of boards of supervisory directors, a “regular” board of… Continue reading INDEPENDENT SUPERVISORY BOARD IN THE DUTCH CARIBBEAN
CURACAO TOURISM BOOMS
Article on Curacao by Ben Fox (Associated Press) Various newspapers, including USA Today and Miami Herald, published an article by Ben Fox. Here follows an excerpt: In a grim season for Caribbean tourism, an island just north of Venezuela stands out: Hotel rooms are scarce and discounts unavailable. That’s largely because Curacao is crowded with Venezuelans,… Continue reading CURACAO TOURISM BOOMS
A HAPPY NEW YEAR TO ALL OF YOU
Bon aña nobo i tur kos bon! Gelukkige nuwejaar Godt nytår Onnellista uutta vuotta Lokkich neijier Felice anno nuovo Felix sit annus novus Godt nyttår Bliadhna mhath ur Feliz año Nuevo Yeni yiliniz kutlu olsun Karel Frielink