Trustee is liable if he fails to exercise due care A duty of care is justified in those cases where someone entrusts his financial or other interests to another or takes care of these himself with the assistance of the other, particularly because that other possesses more knowledge and experience in that field. The law… Continue reading CURACAO TRUSTEE HAS A DUTY OF CARE
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THE CURACAO TRUSTEE
Breach of trust results in liability Usually a Curacao trust office (service provider) uses one of its own public limited liability companies (NVs) or private companies with limited liability (BVs) to provide the services. This in-house NV or BV will then for instance become the managing director of the client company. A trust office offering… Continue reading THE CURACAO TRUSTEE
POWERS AND OBLIGATIONS OF A CURACAO TRUSTEE
Brief summary On 1 January 2012, new legalization 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 Curacao (a civil law jurisdiction). Here follows a brief summary of several of the powers and obligations of a Trustee: the Trustee… Continue reading POWERS AND OBLIGATIONS OF A CURACAO TRUSTEE
SEMINAR CURACAO TRUST
Curacao Trust is expected to become a popular alternative to foreign trusts On 1 January 2012, new legalization 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 Curacao (a civil law jurisdiction). On 28 August 2012, a seminar was… Continue reading SEMINAR CURACAO TRUST
THE DISMISSAL OF A TRUSTEE IN BANKRUPTCY IN THE DUTCH CARIBBEAN
Dismissal not always at the sole discretion of the judge A Netherlands Antilles bankruptcy judge may at any time after having heard or after having properly summoned the trustee in bankruptcy, dismiss the trustee and replace him by one or more other trustees. This may be done at the request of the debtor, the trustee… Continue reading THE DISMISSAL OF A TRUSTEE IN BANKRUPTCY IN THE DUTCH CARIBBEAN
BANKRUPTCY AND INTEREST CLAIMS IN THE DUTCH CARIBBEAN
Bankruptcy vs non-bankruptcy claims There are special statutory provisions regarding agreed interest rates, for instance, in a contract between the creditor and a party who subsequently goes bankrupt, during a bankruptcy (faillissement) and moratorium on payements (surseance van betaling). It is explicitly stated in the Netherlands Antilles Bankruptcy Decree (Faillissementsbesluit 1931) that only the interest… Continue reading BANKRUPTCY AND INTEREST CLAIMS IN THE DUTCH CARIBBEAN
MORATORIUM OF PAYMENTS IN THE DUTCH CARIBBEAN (I)
An opportunity to recover Many companies face financial difficulties. Sometimes bankruptcy is the only option. The goal of the bankruptcy is the liquidation of the assets of the company and not to save the business, and this procedure is, therefore, not always the best procedure for realizing the full value of the company as a going… Continue reading MORATORIUM OF PAYMENTS IN THE DUTCH CARIBBEAN (I)