TRANSACTIONAL POWER OF THE MANAGING BOARD OF A DUTCH CARIBBEAN CORPORATION (II)

Only corporations may plead absence of representative authority

Under the Netherlands Antilles Corporate Code, i.e. Book 2 of the Civil Code, transactions with third parties that violate either the law or any limitations on the transactional powers of the board of directors of a corporation, are not enforceable against the corporation if the limitations are properly disclosed at the trade register. According to Article 2:10(3) Netherlands Antilles Civil Code only corporations may plead the absence of representative authority.

A counterparty wishing to withdraw from a legal act on that ground, may only rely on the fourth paragraph of Article 2:10 …
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30
May 2009
CATEGORY

Corporate

COMMENTS No Comments

MANAGEMENT AND SUPERVISION OF THE ARUBA COMPANY WITH LIMITED LIABILITY

A local representative is required

On January 1, 2009 the new Aruba Ordinance on companies with limited liability (vennootschap met beperkte aansprakelijkheid; VBA) became effective.

The Board of Directors is responsible for the management of the VBA and is authorized to represent it, with the exception of any restrictions in the articles of association. The Board may consist of natural persons and/or legal entities. A VBA must have as local representative, an Aruban corporation (NV or AVV). The bylaws and business license explicitly provide for the representation of companies, unless the VBA either has one or more directors with their …
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14
Apr 2009
CATEGORY

Corporate

COMMENTS No Comments

BOARD OF DIRECTORS CURACAO CHAMBER OF COMMERCE

Elections held on 11 December 2008

Willem “Billy” Jonckheer (owner Jonckheer Advertising & Marketing Consultants) has been re-elected as member of the Board of Directors of the Curacao Chamber of Commerce. Karel Frielink (partner Spigthoff Attorneys & Tax Advisers) has been elected to the same Board.

The Curacao Chamber of Commerce and Industry is the voice of private enterprise in Curacao. It represents the general interests of the Curacao business community, keeps a complete roster of Curacao businesses, and provides information and services to local and international companies with an interest in doing business in, trading and …
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12
Dec 2008
CATEGORY

Various

COMMENTS No Comments