A CORPORATION AND ITS ALTER EGO

Piercing or lifting the corporate veil As a general rule under Curaçao law, shareholders of corporate entities with limited liability do not risk more than their capital contribution. Such shareholders cannot be held liable for their corporations’ debts or obligations. These corporations are recognized as legal entities separate from their shareholders and managing directors. However,… Continue reading A CORPORATION AND ITS ALTER EGO

LIFTING THE CORPORATE VEIL IN ARUBA

Only under exceptional circumstances In terms of “piercing the corporate veil” and shareholders’ liability, the laws of the Netherlands and Aruba are nearly identical. As far as a tort matter concerns the laws of Aruba, Dutch case-law and Dutch legal literature should be considered as well. In exceptional cases shareholders of an Aruba company can… Continue reading LIFTING THE CORPORATE VEIL IN ARUBA

INADEQUATE CAPITALIZATION OF AN ARUBAN COMPANY

Liability for thin-capitalization? In terms of ‘piercing the corporate veil’, thin or inadequate capitalization usually means capitalization that is not in proportion to the nature of the risks the business of the corporation necessarily entails; in other words it is based on likely economic needs rather than legal requirements. Shareholders of a company in Aruba… Continue reading INADEQUATE CAPITALIZATION OF AN ARUBAN COMPANY

INADEQUATE CAPITALIZATION IN THE DUTCH CARIBBEAN

Liability for thin-capitalization? In terms of ‘piercing the corporate veil’, thin or inadequate capitalization usually means capitalization that is not in proportion to the nature of the risks the business of the corporation necessarily entails; in other words it is based on likely economic needs rather than legal requirements. Shareholders of a company in the… Continue reading INADEQUATE CAPITALIZATION IN THE DUTCH CARIBBEAN