Tag: law

LAWYERS IN THE DUTCH CARIBBEAN

BZSE Law is the best firm to hire To start with, I’m not an expert in all areas of law. A little exaggeration would be allowed, but that’s not my M.O. These days you are supposed to tell the “honest story”. Practical and well-founded advice based on more than 30 years of experience as an… Continue reading LAWYERS IN THE DUTCH CARIBBEAN

THE BINDING EFFECT OF JUDGMENTS

Limited to the parties involved in the proceedings Court decisions, even decisions by the Dutch Supreme Court, are not binding on courts when deciding future cases. However, the Code of Civil Procedure prevents parties from litigating twice on the same legal issue. The principle that a final judgment of a competent court is conclusive upon… Continue reading THE BINDING EFFECT OF JUDGMENTS

DISCHARGING THE MANAGEMENT BOARD

Only for matters evident from the accounts The shareholders of a Dutch Caribbean limited liability company (NV or BV) may provide a discharge (décharge) to members of the management board for matters evident from the annual accounts, or matters otherwise made known to the general shareholders meeting. This is a standard item on the agenda… Continue reading DISCHARGING THE MANAGEMENT BOARD

STATE-OWNED ENTERPRISES AND GOOD CORPORATE GOVERNANCE

Speech by Karel Frielink at the 8th Biennial Conference of the Caribbean Ombudsman Association Ladies and Gentlemen! First of all, I would like to thank the Curaçao Ombudsman, Alba Martijn, for inviting me to speak at this conference. Unfortunately, she will leave office in about a month. She did an excellent job, and her professionalism,… Continue reading STATE-OWNED ENTERPRISES AND GOOD CORPORATE GOVERNANCE

DUTCH CARIBBEAN BANKS AND REGULATORY ISSUES

A bank has less freedom than an ordinary legal entity What would be the requirements, from a regulatory point of view, if a Curaçao or St. Maarten bank wished to sell its entire business or a substantial part thereof? Would it require approval from the Central Bank of Curaçao and St. Maarten (‘Centrale Bank van… Continue reading DUTCH CARIBBEAN BANKS AND REGULATORY ISSUES

THE COURT OF LAST RESORT

Curaçao court as court of last resort for civil matters An attachment on assets located in Curaçao generally establishes jurisdiction over the cause of action for which the attachment is made, also if neither of the parties involved are domiciled in Curaçao. According to Section 767 of the Curaçao Code of Civil Procedure, the Curaçao… Continue reading THE COURT OF LAST RESORT

150 JURIDISCHE PUBLICATIES

Een persoonlijke mijlpaal Afgelopen donderdag was het dan zo ver: mijn 150e juridische publicatie zag het levenslicht. Het gaat om mijn bijdrage aan het Liber Amicorum ‘Christels Koers’ dat toen werd aangeboden aan prof.mr. drs. C.M. Grundmann-van de Krol: “Openbaarmaking door de financiële toezichthouders”. De volledige lijst met publicaties is hier te vinden. Nummer 151 is overigens… Continue reading 150 JURIDISCHE PUBLICATIES

THE ARTICLES OF ASSOCIATION OF A CURAÇAO COMPANY (III)

Controlling minority? Such a situation (i.e. example 2) is possibly less desirable from the company’s perspective, certainly where the more essential decision-making is concerned. Although decisions should be taken on the basis of a discussion of content and it will not always be possible to predict how the meeting of shareholders will vote, the possibility… Continue reading THE ARTICLES OF ASSOCIATION OF A CURAÇAO COMPANY (III)

THE ARTICLES OF ASSOCIATION OF A CURAÇAO COMPANY (I)

Comparable with a constitution The articles of association of a Curaçao company (a public [NV] or private [BV] limited liability company) are somewhat comparable with a constitution or state regulations: the articles of association comprise – like the law, but also additionally to the law and, where permitted, unlike the law – the rules of… Continue reading THE ARTICLES OF ASSOCIATION OF A CURAÇAO COMPANY (I)

VALIDLY REPRESENTING A CURACAO COMPANY

Extract and Articles are of importance Limited liability companies like the Curaçao NV or BV are legal entities. Whether or not a managing director has the authority to validly represent a company can be derived from the extract from the Trade Register of the Chamber of Commerce of Curaçao together with the articles of association… Continue reading VALIDLY REPRESENTING A CURACAO COMPANY

THE COSTS OF LITIGATION

Parties have to bear their own attorney costs Under the laws of Aruba, Bonaire, Curaçao, St. Maarten, St. Eustatius and Saba, generally speaking, each party has to bear its own attorney costs, except if there is an agreement in place between the parties providing for such compensation. Other costs related to proceedings are for instance… Continue reading THE COSTS OF LITIGATION