Freezing assets is rather easy Under Curaçao law any party with a prima facie claim may file a petition for a court order granting an attachment, which petitions are generally granted, solely based on the allegations in the petition. It is not required, under Curaçao law, that the litigant needs to demonstrate that, in absence… Continue reading ATTACHMENTS UNDER THE LAWS OF CURACAO (part I)
Tag: bzse
RESTRUCTURING, REFINANCING AND CREDITOR PROTECTION
Diligence is required Especially in these times of global economic and financial turmoil, an international group of companies (or part thereof) might want to consider restructuring and refinancing its operations or may be already in the process of doing so. When considering or carrying out such plans, careful thought must be given to potential (legal)… Continue reading RESTRUCTURING, REFINANCING AND CREDITOR PROTECTION
OPPORTUNITIES TO MEET ME
Amsterdam, The Hague & Vienna I am going to attend the following conferences: Consular Conference – The Hague, 22 September 2015 InterExpo / 20th Trade Mission – Amstel Hotel Amsterdam, 23 – 25 September 2015 International Chamber of Commerce (ICC), FraudNet Conference – Vienna, Austria, 1 – 3 October 2015 IBA (International Bar Association) International Conference… Continue reading OPPORTUNITIES TO MEET ME
FRAUD (part II)
Legal forms of fraud The person who forges a diploma, agreement or identity document is guilty of a criminal offence. Although the concept of ‘fraud’ is only mentioned in relation to human trade in the Criminal Code of Curaçao, there are various offences which can have a relationship with fraud in the sense meant herein:… Continue reading FRAUD (part II)
FRAUD (part I)
Curaçao Fraud is an everyday occurrence. It is of all times, and a phenomenon that happens in every country. In discussions about fraud (and corruption) in Curaçao you regularly see that people refer to other countries, in particular to the Netherlands, to downplay this phenomenon here somewhat. The small number of criminal prosecutions and convictions… Continue reading FRAUD (part I)
NO DERIVATIVE ACTION IN CURACAO
A claim based on tort is possible though Curaçao corporate law does not provide for any derivative suit mechanism (and neither do the laws of Aruba, St. Maarten and the BES-islands). This matter was first decided in the cases of Poot v. ABP, Hoge Raad (Dutch Supreme Court) 2 December 1994, NJ 1995, 288, and… Continue reading NO DERIVATIVE ACTION IN CURACAO
CURACAO NORTH SEA JAZZ FESTIVAL 2015
CNSJ – The marquee musical event of the Caribbean Excellence, in both law and music, is the art of playing with the Rules Let’s crack some ‘nuts’ now! BZSE Attorneys at Law / Tax Lawyers / Mediation – Dutch Caribbean (27 August 2015) .
FRAUDNET – THE POWER OF ONE GLOBAL NETWORK
FraudNet in action According to The Irish Times, lawyer Antenor Pereira Madruga Filho (a member of FraudNet) is hired by the Irish Government to represent it in a high-profile case involving a lawyer who fled Ireland in 2007 with debts of €80m. The lawyer was arrested in Brazil almost two years ago and has been… Continue reading FRAUDNET – THE POWER OF ONE GLOBAL NETWORK
PRE-TRIAL MOTIONS IN CURACAO
Differences with the United States Curaçao civil proceedings differ substantially from those in the United States. In Curaçao 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 in the United… Continue reading PRE-TRIAL MOTIONS IN CURACAO
DUTIES OF A MANAGING DIRECTOR OF A DUTCH CARIBBEAN NV OR BV
Acting in the best interests of the company Although not explicitly provided for in Book 2 of the Civil Codes of Curacao, St. Maarten and the BES-islands (Bonaire, St. Eustatius and Saba) (“CC”), it is considered a general rule of corporate law that the management board (a.k.a. board of directors) must act in the best… Continue reading DUTIES OF A MANAGING DIRECTOR OF A DUTCH CARIBBEAN NV OR BV
BZSE ADVOCATEN CURACAO
Ondernemingsrecht en financieel recht BZSE Advocaten en Belastingadviseurs heeft vestigingen in St. Maarten en Curaçao. Het werkterrein van het kantoor omvat echter ook Aruba, Bonaire, St. Eustatius en Saba. In het kantoor te St. Maarten werken vijf partners en in het kantoor Curaçao twee. De Curaçaose partners zijn Karel Frielink en Jaap Maris. Karel is… Continue reading BZSE ADVOCATEN CURACAO
THE CONCEPT OF LIABILITY IN THE DUTCH CARIBBEAN
A three-part distinction With regard to liability a three-part distinction can be made. The first distinction relates to the basis of the liability: liability pursuant to a contractual relationship (the attributable failure in this respect) and liability pursuant to a wrongful act. Another distinction relates to the personal liability (thus for the party’s own actions… Continue reading THE CONCEPT OF LIABILITY IN THE DUTCH CARIBBEAN