Three months to reflect My sabbatical started on the 1st of October 2014. I will start a new law firm in Curaçao on the 1st of January 2015. Check my blog for an update in December 2014. In the meantime, if you want to contact me, please do so via kfrielink@bzselaw.com. Karel Frielink (1 October… Continue reading SABBATICAL STARTED 1 OCTOBER 2014
Tag: spigt
MARTIJN WELTEN NEW MANAGING PARTNER SPIGT DUTCH CARIBBEAN
Karel Frielink is leaving firm after 15 years (Summary in English below) PERSBERICHT van Spigt Dutch Caribbean van 9 september 2014 Karel Frielink vertrekt bij Spigt Dutch Caribbean, Martijn Welten nieuwe managing partner. Per 1 oktober 2014 vertrekt Karel Frielink bij Spigt Dutch Caribbean Advocaten en Belastingadviseurs. Martijn Welten zal met ingang van die datum… Continue reading MARTIJN WELTEN NEW MANAGING PARTNER SPIGT DUTCH CARIBBEAN
TRUST INTRODUCED IN SINT MAARTEN
Brief summary of several of the powers and obligations of a Trustee On April 1, 2014, new legislation entered into force pursuant to which it is now possible to set up a trust, similar to the trust in Anglo-Saxon common law jurisdictions, in St. Maarten (a civil law jurisdiction). Similar legislation entered into force in… Continue reading TRUST INTRODUCED IN SINT MAARTEN
THE CURACAO TRUST BECOMES MORE AND MORE POPULAR
Curaçao Trust could be used for asset segregation purposes According to Professor of Law David Hayton, an Anglo-Saxon trust arises from the settlor’s transfer of title to property to another person, intending that person to be a trustee-manager of it for the benefit of beneficiaries or for a charitable or other permitted purpose. Trusts are… Continue reading THE CURACAO TRUST BECOMES MORE AND MORE POPULAR
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
LEGAL FEES: CHANGING LANDSCAPE
Alternative billing arrangements According to Larry Primeaux, the construction of legal fees is undergoing a metamorphosis in reaction to changing economics. Fact is, indeed, that you read everywhere that law firms (lawyers, advocates, attorneys) have to change. The system of “hourly rate billing” in particular has to take the rap. “In this economy, at least… Continue reading LEGAL FEES: CHANGING LANDSCAPE
LAWYERS AND BILLABLE HOURS
What is wrong with this exactly? You read everywhere that law firms (lawyers, advocates, attorneys) have to change. Lawyers are too conservative. They hold on to the past and are anything but innovative. As the economic climate deteriorates the call for change becomes increasingly stronger. The system of “hourly rate billing” in particular has to… Continue reading LAWYERS AND BILLABLE HOURS
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
CHALLENGING THE VALIDITY OF A CONTRACT
Based on error, fraud or undue influence The validity of a contract can be challenged on various grounds, including error, fraud or undue influence. In the case to be discussed here a contract was entered into by an intermediary. Appellants in cassation (Van Eendenberg) were owners of the parcels on which a preferential right was… Continue reading CHALLENGING THE VALIDITY OF A CONTRACT
US LAW GOVERNED AGREEMENTS
Curaçao and St. Maarten Courts will accept the choice of laws One of the questions frequently asked is whether the Courts in Curaçao or St. Maarten, if an action is brought before them, will pay deference to a “choice of governing law” and/or venue provision in an agreement, in particular when the parties have chosen… Continue reading US LAW GOVERNED AGREEMENTS
CREDIT INSTITUTIONS IN THE BES ISLANDS
Strictly regulated With effect from 1 July 2012, the Financial Markets (BES Islands) Act [Wet financiële markten BES; “Wfm BES”] came into force, with the associated subordinate regulations. The Wfm BES applies to financial institutions in the BES islands (Bonaire, St. Eustatius and Saba). There are several categories of financial institutions, including credit institutions (banks).… Continue reading CREDIT INSTITUTIONS IN THE BES ISLANDS