Curacao considers how the US deals with compliance Compliance is essentially about systems and procedures at corporations, banks, funds, trust offices, insurance companies and the like, to ensure that their officers and employees are aware of and take steps to comply with the relevant laws and regulations. It is also referred to as ‘regulatory compliance’.… Continue reading COMPLIANCE IN THE DUTCH CARIBBEAN
Tag: aruba
ORDINARY VERSUS SUMMARY PROCEEDINGS IN THE DUTCH CARIBBEAN
Interlocutory or summary proceedings provide for immediate relief Article 110 of the Netherlands Antilles and Aruba Code of Civil Procedure (‘the Code’) provides that all adversarial proceedings shall be initiated by means of a petition to the court of first instance. Proceedings so initiated are ordinary proceedings a.k.a. proceedings on the merits. A petitioner may… Continue reading ORDINARY VERSUS SUMMARY PROCEEDINGS IN THE DUTCH CARIBBEAN
THE SUPREME COURT OF THE KINGDOM OF THE NETHERLANDS IN CIVIL PROCEEDINGS
It serves the whole Kingdom The Kingdom of the Netherlands is comprised of three separate jurisdictions, the Netherlands (i.e.: the part of the Kingdom located in North Western Europe), the Netherlands Antilles and Aruba. The Netherlands Antilles and Aruba have their own code of civil procedure, which in certain respects is similar, but not identical… Continue reading THE SUPREME COURT OF THE KINGDOM OF THE NETHERLANDS IN CIVIL PROCEEDINGS
STANDARDS OF DUE PROCESS IN THE NETHERLANDS ANTILLES AND ARUBA
The Supreme Court applies strict standards The European Convention for the Protection of Human Rights and Fundamental Freedoms (‘EVRM’), including Article 6, which safeguards the right of due process, applies to the standards of due process applicable in the Netherlands Antilles and Aruba. Article 6, first sentence, EVRM, reads as follows: “In the determination of… Continue reading STANDARDS OF DUE PROCESS IN THE NETHERLANDS ANTILLES AND ARUBA
RESOLUTION OF PROBLEMS IN OR OUTSIDE THE COURT?
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?
CORPORATE CONFLICTS OF INTERESTS UNDER THE LAWS OF THE DUTCH CARIBBEAN
A particular provision may help to prevent disputes The board of directors has the function of managing, i.e., making policy and conducting the day-to-day management of the corporation. Except for restrictions in the articles of association, the board of directors is responsible for the management of the BV or NV (private or public limited liability… Continue reading CORPORATE CONFLICTS OF INTERESTS UNDER THE LAWS OF THE DUTCH CARIBBEAN
NATALEE HOLLOWAY CASE: ETHICAL AND OTHER ISSUES
Undercover operation and huge TV circus ethical? Crime reporter Peter R. de Vries paid the 34-year old business man who befriended and secretly recorded Joran van der Sloot some US$ 35,000. Bounty hunters are a well-known phenomenon, also on TV, as are rewards offered by police or private persons. We have all seen episodes of… Continue reading NATALEE HOLLOWAY CASE: ETHICAL AND OTHER ISSUES
ARUBA LEGISLATION AGAINST MONEY-LAUNDERING
The government continues to improve the system Since the Financial Action Task Force (FATF) evaluation in 1995, Aruba has passed new legislation and undertaken a number of other measures aimed at strengthening its anti-money laundering system. In February 1996, the Reporting Ordinance and the Identification Ordinance came into effect. Following the passage of these measures,… Continue reading ARUBA LEGISLATION AGAINST MONEY-LAUNDERING