The Netherlands, Curaçao, St. Maarten and the BES-islands compared The Netherlands The legal system in the Netherlands has a European origin. We will not discuss this further here.* Chapter 5.1 of the Dutch Financial Supervision Act (Wet op het financieel toezicht: ‘Wft’) includes the rules for offering securities. Section 5:2 Wft stipulates: “It is forbidden… Continue reading WHEN IS A PROSPECTUS REQUIRED?
Tag: private international law
PROSPECTUS LIABILITY AND PRIVATE INTERNATIONAL LAW
The Netherlands, Curaçao, St. Maarten and the BES-islands The Netherlands Since 11 January 2009 Rome II* has been applicable in the Netherlands with regard to the applicable law on non-contractual obligations. Rome II is not applicable in Curaçao, St. Maarten, Aruba and the BES Islands. This observation obviously does not exclude a certain reflex effect.… Continue reading PROSPECTUS LIABILITY AND PRIVATE INTERNATIONAL LAW
TAKING OVER CONTROL OF A CURACAO COMPANY THROUGH A FOREIGN COURT DECISION
The powers of a foreign appointee will not be recognized According to Curacao private international law, the appointment and dismissal of board members of a company as well as decisions limiting their powers is governed by the laws of the jurisdiction under which the company is incorporated. Accordingly, the appointment and dismissal of a board… Continue reading TAKING OVER CONTROL OF A CURACAO COMPANY THROUGH A FOREIGN COURT DECISION
WHAT DAMAGES ARE RECOVERABLE UNDER ARUBAN LAW? (II)
Case law The Supreme Court in its case law has held that relatives of a deceased person are only entitled to sue for damages against the person liable for his or her death, if and to the extent that their death has left them in need. The extent of need is measured by the standard… Continue reading WHAT DAMAGES ARE RECOVERABLE UNDER ARUBAN LAW? (II)
DUTCH CARIBBEAN PRIVATE INTERNATIONAL LAW
The legal effects doctrine: an exception to the lex loci delicti rule Under Dutch Caribbean rules of private international law, a claim arising from an unlawful act is governed, in the absence of a choice of jurisdiction by the parties, by the law of the country were the unlawful act was committed (lex loci delicti).… Continue reading DUTCH CARIBBEAN PRIVATE INTERNATIONAL LAW