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
Tag: derivative action
NO DERIVATIVE ACTION IN ST. MAARTEN
A claim based on tort is possible though St. Maarten law does not provide for a derivative action. According to Section 2:3 subsection 1 of the St. Maarten Civil Code, for the purposes of patrimonial law (i.e. the law of property, rights and interests and the law of obligations) a legal person (e.g. an NV… Continue reading NO DERIVATIVE ACTION IN ST. MAARTEN