THE CREDIT CRUNCH, THE ECONOMIC RECESSION AND MAJOR FRAUDS SCHEMES

Lawyers are having a heyday Many countries, companies and private individuals are suffering severely from the credit crunch, the economic recession and the various fraud schemes (Madoff, Stanford, Enron, etc.). However, what causes misery to some represents opportunity to others, in this case, the lawyers. The financial meltdown, for instance, has resulted in governments interfering… Continue reading THE CREDIT CRUNCH, THE ECONOMIC RECESSION AND MAJOR FRAUDS SCHEMES

PLC CROSS BORDER LAW FIRM RECOMMENDATIONS

Netherlands Antilles According to PLC Cross Border (Which lawyer?), Spigthoff Attorneys & Tax Advisers is one of two firms dominating the Netherlands Antilles market for international work, both on- and offshore. Spigthoff ranks high in corporate / M&A and dispute resolution. Martijn Welten, who specialises in corporate law, mergers & aquisitions and corporate litigation, is (highly)… Continue reading PLC CROSS BORDER LAW FIRM RECOMMENDATIONS

RIGHT OF SET-OFF UNDER DUTCH CARIBBEAN LAW

One of the most modern regimes in the world The legal concept of set-off may be defined as setting cross-claims off against each other to produce a single balance. For instance, if A were to have a claim against B for a sum of money, and B would have a cross-claim against A for a… Continue reading RIGHT OF SET-OFF UNDER DUTCH CARIBBEAN LAW

FINAL POSTING OF 2008

  This will be my final posting for 2008. What a year. It feels as if the whole world has changed more rapidly than ever before and not only as a result of the economic turmoil. The year 2009 is about to begin and it won’t be an easy year. Many will suffer from the… Continue reading FINAL POSTING OF 2008

CAN A FOREIGN COMPANY BUY SHARES IN A DUTCH CARIBBEAN COMPANY?

Generally speaking: yes Under Netherlands Antilles law, no specific requirements exist regarding the purchase of shares in a Netherlands Antilles offshore company by a foreign company. The Netherlands Antilles do not have any anti-trust regulations. In the Netherlands Antilles there are no statutory requirements preventing the sale of one or all the shares issued and… Continue reading CAN A FOREIGN COMPANY BUY SHARES IN A DUTCH CARIBBEAN COMPANY?

DUTCH CARIBBEAN COURT DECISION IN TELECOM CASE

Scarlet about to enter telecom market in Sint Maarten On 18 November 2008, the Administrative Court in Sint Maarten ruled that the Executive Council of Sint Maarten was not authorized to refuse Scarlet a business license for the provision and operation of international telecommunications services in Sint Maarten (click here for the judgment). Scarlet, represented… Continue reading DUTCH CARIBBEAN COURT DECISION IN TELECOM CASE

SERVICE OF PROCESS IN THE DUTCH CARIBBEAN

This is done by a bailiff What is the procedure for the service of foreign proceedings under Netherlands Antilles procedural law for a company having its registered address in, for instance Curaçao? Under Netherlands Antilles procedural law, the service of proceedings on a Netherlands Antilles legal person will be done by means of a bailiff’s… Continue reading SERVICE OF PROCESS IN THE DUTCH CARIBBEAN

PLEDGING FUTURE RECEIVABLES IN THE DUTCH CARIBBEAN

Bankruptcy pledgor will prevent valid pledge Under the laws of the Netherlands Antilles, a right of pledge may be established on future receivables, however, the right of pledge on a future receivable will only be perfected the moment such a receivable comes into existence, provided that, at such a time, the pledgor is authorized to… Continue reading PLEDGING FUTURE RECEIVABLES IN THE DUTCH CARIBBEAN

STATUTORY MERGERS UNDER THE LAWS OF THE DUTCH CARIBBEAN

Mergers mostly within a group of companies A statutory merger involves at least two legal entities. The law uses the terms acquiring and disappearing legal entity. The law specifies that only legal entities having the same legal form may merge, specifying that a BV (closed limited liability company) and a NV (public limited liability company)… Continue reading STATUTORY MERGERS UNDER THE LAWS OF THE DUTCH CARIBBEAN

TODAY IS JERRY HOFF’S BIRTHDAY

Jerry is a confident terrier According to Chambers and Partners, the Amsterdam based attorney Jerry Hoff is one of the key litigation partners at Spigthoff Attorneys & Tax Advisers, and is described by clients as “a bright and sharp operator“. Jerry studied corporate law at the University of Leiden. Started as an in house lawyer… Continue reading TODAY IS JERRY HOFF’S BIRTHDAY