No policy freedom when bound by rules Some years ago, I wrote about conflicts of interest in insolvency law matters (Tijdschrift voor Insolventierecht 4/2001, p. 115-123). I then wrote that the special characteristics of the task of a bankruptcy trustee imply that his personal liability, if any, must be assessed against a standard of due… Continue reading LIABILITY OF THE BANKRUPTCY TRUSTEE
Tag: supreme court
HOW DO YOU SOLVE DISPUTES BETWEEN KINGDOM PARTNERS?
With a mature dispute settlement mechanism Disputes are of all times. Sometimes they are big, sometimes small. Sometimes of a principled nature, sometimes they deal with (small) earthly matters. Disputes can exist between people, but also between countries. There are also (strong) disputes between the countries within our Kingdom. When it comes to disputes when… Continue reading HOW DO YOU SOLVE DISPUTES BETWEEN KINGDOM PARTNERS?
ATTACHMENTS UNDER THE LAWS OF CURACAO (part II)
Defendant has to show that the claim is invalid Article 705, Paragraph 2 of the Curaçao Code of Civil Procedure states that the lifting of an attachment may be ordered if it appears summarily that the claim is invalid. According to existing case law of the Dutch Supreme Court (see for instance Supreme Court dd… Continue reading ATTACHMENTS UNDER THE LAWS OF CURACAO (part II)
LIABILITY OF THE SILENT PARTNER
The Supreme Court can give its opinion I will first describe Dutch law in this respect. A limited partnership (commanditaire vennootschap: ‘CV’) is a contractual, legal relationship between two or more persons or legal entities to carry on a business under a joint name, whereby the aim is to gain proprietary benefits on the basis… Continue reading LIABILITY OF THE SILENT PARTNER
SUPREME COURT U-TURN
The bankruptcy of a general partnership (‘VOF’) does not automatically mean the bankruptcy of its partners For many decades the rule had to be adhered to that the bankruptcy of a general partnership (vennootschap onder firma: ‘VOF’) also meant the bankruptcy of the individual partners (Supreme Court 14 April 1927, NJ 1927, page 725). However,… Continue reading SUPREME COURT U-TURN
LIABILITY OF A NEW PARTNER
Supreme Court creates clarity The National Ordinance on Partnerships (Landsverordening personenvennootschappen) of Curacao (1 January 2012) and St. Maarten (1 April 2014) mentions two main variants of the partnership: the public partnership and the silent partnership. The public partnership is a partnership (i) for carrying on a profession or business or performing professional or business… Continue reading LIABILITY OF A NEW PARTNER
KAREL FRIELINK NEW FRAUDNET MEMBER
Global network that can help victims Karel Frielink has been appointed member of FraudNet for all six islands of the Dutch Antilles. FraudNet is a worldwide network of lawyers specialized in asset tracing and recovery. Set up in 2004 by the anti-crime arm of the International Chamber of Commerce, FraudNet currently numbers 70 members… Continue reading KAREL FRIELINK NEW FRAUDNET MEMBER
ADVOCATEN EN BELANGENVERSTRENGELING
Een advocaat moet onafhankelijk zijn Van een advocaat wordt verwacht dat hij onafhankelijk is. Bij die onafhankelijkheid gaat het om een houding: de instelling van de advocaat tegenover zijn cliënt, maar ook tegenover het gerecht en in feite tegenover elke andere betrokken partij. Hij behoort de belangen van zijn cliënt te behartigen en zich niet… Continue reading ADVOCATEN EN BELANGENVERSTRENGELING
ICC FRAUDNET
The leading specialist international network of fraud and asset recovery lawyers Organized and operating under the auspices of the Commercial Crime Services of the International Chamber of Commerce (ICC), FraudNet is a 24/7 international rapid deployment force that pries open the vault of bank secrecy and helps victims locate and recover their stolen assets with… Continue reading ICC FRAUDNET
OFFERING SECURITIES FROM CURACAO AND ST. MAARTEN
About the obligation to publish a prospectus The legal regulations in connection with the law providing for financial supervision are materially identical in Curaçao and Sint Maarten. For convenience sake we will mainly refer to Curaçao below. The search for a prospectus requirement in the law on supervision will be in vain. The National Ordinance… Continue reading OFFERING SECURITIES FROM CURACAO AND ST. MAARTEN
STATUTORY FRAMEWORK FOR PROSPECTUS LIABILITY (II)
The Netherlands, Curaçao, St. Maarten and the BES-islands compared The Netherlands In the Netherlands there is a two-track law concerning prospectus liability as professor L. Timmerman calls it. There are two sets of rules supplementing the general doctrine of the wrongful act (Section 6:162 of the Dutch Civil Code (‘BW-NL‘): the rules with regard to… Continue reading STATUTORY FRAMEWORK FOR PROSPECTUS LIABILITY (II)
STATUTORY FRAMEWORK FOR PROSPECTUS LIABILITY (I)
The Netherlands, Curaçao, St. Maarten and the BES-islands compared That a prospectus must be approved (in the Netherlands and the BES Islands by the Authority for the Financial Markets, and in Curaçao and Sint Maarten by the Joint Central Bank of these countries) does not guarantee that the prospectus is not misleading. Therefore approval by… Continue reading STATUTORY FRAMEWORK FOR PROSPECTUS LIABILITY (I)