The use of technical concepts has a useful function Language is the instrument par excellence of the advocate (attorney; lawyer). He uses language to lay down agreements, to provide legal advices, to formulate Court documents, to send demand letters, to make his plea or to conduct talks with clients or counterparties, to send invoices, in… Continue reading THE LAWYER AS A VIRTUOSO OF LANGUAGE (PART I)
Tag: dutch caribbean
THE LAWYER AS ORATOR
A sensitive subject The advocate (attorney; lawyer) as orator is a sensitive subject. Many clients will have listened with curled toes or alternatively with a deep feeling of embarrassment to their own advocate or (if they are lucky) to that of their counterparty at the moment suprême when the so-carefully prepared written summary of the argument… Continue reading THE LAWYER AS ORATOR
ON THE IMAGE OF LAWYERS
Bloodsuckers and hypocrites? Lawyers (attorneys) are often exposed to strong criticism, both here and elsewhere. The late famous Dutch professor A. Pitlo (Evolutie in het privaatrecht, [Evolution in private law] Groningen: H.D. Tjeenk Willink 1972, p. 102) speaks with regard to certain advocates (lawyers) about the ‘half-intellect’ that by intellectualism must succeed in being kept… Continue reading ON THE IMAGE OF LAWYERS
THE LAWYER AS CRAFTSMAN
Tradition and resourcefulness You could hear these statements just about anywhere: “The study of law is a dull study. You have to read a lot of books and especially learn a lot by heart. But luckily it is not a difficult study. It is more or less the easiest study to graduate in.” Is all… Continue reading THE LAWYER AS CRAFTSMAN
WHY WOULD SOMEONE BECOME A LAWYER?
The story of Saint Yvo (1253-1303) Without being sworn in to the Bar it is not possible to call yourself an advocate (lawyer; advocaat) in the Dutch Caribbean. Being sworn in as an lawyer is for any beginner a high point, a clear start. The lawyer undertakes responsibility and does this under oath. Art. 3… Continue reading WHY WOULD SOMEONE BECOME A LAWYER?
SUPERVISORY DIRECTORS OF A CURACAO INSURANCE COMPANY
The Central Bank has issued guidance notes According to the Curacao Ordinance on the Supervision of the Insurance Business, a Board of Supervisory Directors of an insurance company shall have the task of supervising the policy of the Management Board of such company and the general course of events of the insurance company and the business… Continue reading SUPERVISORY DIRECTORS OF A CURACAO INSURANCE COMPANY
PROPOSED REVIEW CORPORATE CODE ON ULTRA VIRES
The rules with regard to ultra vires are fundamentally changed Ultra vires means ‘beyond power or authority’. An ultra vires act is one beyond the purpose clause as laid down in the Articles of Association of a legal entity, for instance a foundation or a limited liability company (NV or BV). Early in 2010, a… Continue reading PROPOSED REVIEW CORPORATE CODE ON ULTRA VIRES
ELECTRONIC AGREEMENTS IN CARACAO AND SINT MAARTEN
The Dutch Caribbean digital signature exists for over 10 years The Curacao Ordinance on Electronic Agreements a.k.a. the Curacao Ordinance on agreements concluded electronically (Landsverordening overeenkomsten langs elektronische weg) became effective on 1 January 2001. The Ordinance in St. Maarten is similar to the one in Curacao. The Ordinance provides that an electronic signature shall… Continue reading ELECTRONIC AGREEMENTS IN CARACAO AND SINT MAARTEN
VOLUNTARY DISCLOSURE AND THE HUNT FOR UNDISCLOSED ACCOUNTS BY US AND DUTCH TAX AUTHORITIES
Propaganda machines up to speed Publicity efforts by the US and Dutch tax authorities indicate that the hunt for undisclosed accounts in typical offshore jurisdictions is still a hot item. Although Curacao was not mentioned by the US authorities, the Dutch tax authorities announced a new search for undisclosed accounts in Curacao based on information… Continue reading VOLUNTARY DISCLOSURE AND THE HUNT FOR UNDISCLOSED ACCOUNTS BY US AND DUTCH TAX AUTHORITIES
THE DUTCH CARIBBEAN AND ROME I AND ROME II
Nothing has changed as of 10-10-10 The Country the Netherlands Antilles consisted of Bonaire, Curacao, St. Maarten, St. Eustatius and Saba, and formed part of the Kingdom of the Netherlands. On October 10, 2010 the Netherlands Antilles ceased to exist as a country. Two new countries were born on that date: the country Curacao and… Continue reading THE DUTCH CARIBBEAN AND ROME I AND ROME II
INTERNATIONAL NON-CONTRACTUAL LIABILITY FROM A DUTCH PERSPECTIVE
Introduction Financial law is not an exclusively national affair. Cross-border transactions and service provisions have been common place for a very long time. Harmonisation of rules has been worked towards in a European context for decades. Leaving aside special subject matters such as liability for products and road accidents, the (partial) harmonisation of the rules in… Continue reading INTERNATIONAL NON-CONTRACTUAL LIABILITY FROM A DUTCH PERSPECTIVE
A PUBLIC LIMITED LIABILITY COMPANY AND LEGAL PERSONALITY
Dutch Supreme Court, Decision of 18 January 1901 Suppose you and several of your friends decided to combine your financial resources to start a business. You subsequently agreed on the incorporation of a limited liability company (NV). You also agreed on the amount each of you would put into the NV and the number of… Continue reading A PUBLIC LIMITED LIABILITY COMPANY AND LEGAL PERSONALITY