This is done by a bailiff What is the procedure for the service of foreign proceedings under Netherlands Antilles procedural law for a company having its registered address in, for instance Curaçao? Under Netherlands Antilles procedural law, the service of proceedings on a Netherlands Antilles legal person will be done by means of a bailiff’s… Continue reading SERVICE OF PROCESS IN THE DUTCH CARIBBEAN
Tag: curacao
CITIZENS RESCUE ORGANIZATION CURACAO NEEDS YOUR SUPPORT
Wanted: on-shore rescuers The Citizens’ Rescue Organization, Curacao (CITRO) provides search and rescue services in the waters around Curacao in the Netherlands Antilles. The organization comprises a group of volunteers, who are on call and prepared for sea rescue 24 hours a day 7 days a week. As a member of the CITRO Advisory Council… Continue reading CITIZENS RESCUE ORGANIZATION CURACAO NEEDS YOUR SUPPORT
PLEDGING FUTURE RECEIVABLES IN THE DUTCH CARIBBEAN
Bankruptcy pledgor will prevent valid pledge Under the laws of the Netherlands Antilles, a right of pledge may be established on future receivables, however, the right of pledge on a future receivable will only be perfected the moment such a receivable comes into existence, provided that, at such a time, the pledgor is authorized to… Continue reading PLEDGING FUTURE RECEIVABLES IN THE DUTCH CARIBBEAN
THE DUTCH CARIBBEAN AND OECD STANDARDS OF TRANSPARANCY AND EXCHANGE OF INFORMATION
OECD Secretary-General compliments the Netherlands Antilles and Aruba In his speech on 21 October 2008, OECD Secretary-General Angel Gurría, addressed the issue of transparency and exchange of tax information in relation to offshore jurisdictions. The Secretary-General: “In 2000 we identified over 40 tax havens and between 2000 and 2005 we were able to convince 35… Continue reading THE DUTCH CARIBBEAN AND OECD STANDARDS OF TRANSPARANCY AND EXCHANGE OF INFORMATION
FOREIGN CLAIMS SECURED BY DUTCH CARIBBEAN SECURITY RIGHTS
The claim must be sufficiently identifiable Many financing arrangements are of a cross-border nature. For instance, a loan agreement governed by English law with the loan secured by a Netherlands Antilles right of pledge. This raises all kinds of questions. Any foreign right, for instance a claim, in which a Netherlands Antilles pledge is created,… Continue reading FOREIGN CLAIMS SECURED BY DUTCH CARIBBEAN SECURITY RIGHTS
PREJUDICED INTERESTS OF MINORITY SHAREHOLDERS IN THE DUTCH CARIBBEAN
A minority shareholder may force the company to take-over his shares Article 2:251(1) Netherlands Antilles Civil Code reads as follows: “A shareholder of registered shares, whose rights or interests are prejudiced to such an extent, by the conduct of the company or one or more co-shareholders, that a continuation of his shareholding cannot reasonably be required… Continue reading PREJUDICED INTERESTS OF MINORITY SHAREHOLDERS IN THE DUTCH CARIBBEAN
DRAG-ALONG RIGHTS UNDER THE LAWS OF THE DUTCH CARIBBEAN
Drag-along rights may be validly created A drag-along right is a right that enables a majority shareholder to force a minority shareholder to join in the sale of his shares in a company (NV or BV). The majority shareholder doing the dragging must give the minority shareholder the same price, terms, and conditions that apply… Continue reading DRAG-ALONG RIGHTS UNDER THE LAWS OF THE DUTCH CARIBBEAN
WHAT IF A LENDER BECOMES A SHAREHOLDER OF THE BORROWER IN THE DUTCH CARIBBEAN?
The obligation to repay still ranks pari passu If a lender takes over the shares in a borrower, the ranking of the borrower’s obligation to repay the loan does not change. Such obligations will continue to rank pari passu with the other creditors. Let me give you an example. In the event of dissolution of… Continue reading WHAT IF A LENDER BECOMES A SHAREHOLDER OF THE BORROWER IN THE DUTCH CARIBBEAN?
COVENANTS NOT TO COMPETE IN THE DUTCH CARIBBEAN
Such covenants are null and void A non-competition clause, a.k.a. a covenant not to compete, is a stipulation between the employer and the employee whereby the latter is restricted in his right to work in a given way upon termination of the latter’s contract of employment. Typically, a non-competition clause will prohibit an employee from… Continue reading COVENANTS NOT TO COMPETE IN THE DUTCH CARIBBEAN
DUTCH CARIBBEAN REGULATORY FRAMEWORK
Central Bank monitors compliance The regulatory rules and regulations in the Netherlands Antilles deal with credit institutions, investment institutions and administrators, insurers and insurance brokers, company pension funds, trust service providers, capital markets, anti-money laundering and identification, and foreign exchange control and license fees. The Netherlands Antilles have one regulator: the Central Bank of the… Continue reading DUTCH CARIBBEAN REGULATORY FRAMEWORK
CAFE-RESTAURANT-PODIUM MAXIMA GEOPEND OP CURACAO
Cultureel & Culinar Vandaag (17 september 2008) is Cafe-Restaurant-Podium “Maxima” geopend. Ik mocht het denkbeeldige lintje doorknippen door middel van een openingstoespraak. “Maxima” is een initiatief van Errol Caprino, Simone Caprino-Arentz en Henk de Meza, en vormt een combinatie van een cafe, een restaurant en een podium. Culturele en culinaire activiteiten gaan hier hand in hand. Bij de podiumkunsten gaat… Continue reading CAFE-RESTAURANT-PODIUM MAXIMA GEOPEND OP CURACAO
KEEPING, MAINTAINING AND RETAINING RECORDS FOR TAX PURPOSES IN THE DUTCH CARIBBEAN
Records must be kept for 10 years Pursuant to article 43 of the Netherlands Antilles State Ordinance on National Taxes (Algemene Landsverordening Landsbelastingen, “GONT”) an entity is obliged to keep the records (‘administratie’) of its assets and liabilities that clearly show the rights and obligations at all times and that provide the data relevant to… Continue reading KEEPING, MAINTAINING AND RETAINING RECORDS FOR TAX PURPOSES IN THE DUTCH CARIBBEAN