Judge orders immediate reopening Club

PHILIPSBURG--“I order that the Seaman’s Club may be opened immediately for its clients during the period that the business licence for its new location is not being issued.”
This was the temporary provision which Civil Judge René van Veen handed down at the end of a civil summary proceeding in Philipsburg Courthouse Friday.

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THE ARTICLES OF ASSOCIATION OF A DUTCH CARIBBEAN LEGAL ENTITY (II)

Limitations on the applicability of provisions

As a general matter of Netherlands Antilles law, the interpretation of terms contained in legal documents, such as the articles of association and the by-laws, however only to a certain extent, inter alia subject to the intention of the parties, and the enforcement thereof, is subject to the overriding principle of “fairness and reasonableness” (in Dutch: “redelijkheid en billijkheid”) meaning that under certain circumstances a term of the articles of association or by-laws may not be applicable in so far as this term would in such circumstances be contrary to this principle.

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THE ARTICLES OF ASSOCIATION OF A DUTCH CARIBBEAN LEGAL ENTITY (I)

Ranging from basic to extremely complex

Under the laws of the Netherlands Antilles, public and private limited liability companies (NVs or BVs), foundations, co-operatives, mutual insurance societies and associations are considered legal entities.

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Council of Ministers agreed on amendment of Charter

The National Council of Ministers has agreed to the proposal of Minister Hirsch Ballin of Justice and State Secretary Bijleveld of Internal and Kingdom Affairs on the amendment of the Charter for the Kingdom. This amendment regulates the new status of the five islands of the Netherlands Antilles within the Kingdom.

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Procesvertegenwoordiging in de overzeese praktijk

geschreven door Cindy de la Fuente
donderdag, 29 oktober

In de Nederlandse Antillen en Aruba bestaat geen verplichte procesvertegenwoordiging. Niet in eerste aanleg en ook niet in hoger beroep. Het is dus altijd de vraag door wie partijen vertegenwoordigd zullen worden in een gerechtelijke procedure.

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Three new TIEA's with Caribbean region

Minister Ersilia de Lannooy (Finances, PNP) has signed agreements for the exchange of tax information with Antigua and Barbuda, the Cayman Islands and St. Lucia yesterday. De Lannooy emphasized the importance for the Antilles (and for the Country Curaçao in the future) to pursue the cooperation and communal promotion of interest with nations in the Caribbean region.

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Antilles not on US-list

The Antilles are favourably viewed regarding international tax affairs with the United States. They are not included on the list of ‘tax paradises’, which the Obama-government maintains in connection with the ‘Foreign Account Tax Compliance Act of 2009’ as announced recently.

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BREACH OF CONTRACT IN THE DUTCH ANTILLES (V)

Restrictions on termination

With regards to damages, the aim thereof is generally to restore the creditor to the position he would have been in had the contract been fulfilled. In case of breach of contract, the damages will usually be assessed by considering the situation the creditor would be in if restored to the position he would have been in had the contract been performed properly, by looking at costs incurred, wasted expenditure, any loss of profits etc

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BREACH OF CONTRACT IN THE DUTCH ANTILLES (IV)

Non-performance as a response to non-performance

Whenever a party to a contract is faced with non–performance by the other party, the party’s first reaction might well be to suspend its part of the contract. In the legal sense of the word, suspending or withholding performance may be described as both a defense and a self help remedy, which a party can use when the other party does not perform its obligations under the contract.

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BREACH OF CONTRACT IN THE DUTCH ANTILLES (III)

Different cases of breach of contract

Any question of breach starts with an inquiry into the type of obligation at hand. It is necessary to know more about the type of obligation at hand in order to determine whether a party has failed to perform that obligation.

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BREACH OF CONTRACT IN THE DUTCH ANTILLES (II)

Entitlement to specific performance

Under the Netherlands Antilles Civil Code the demand for specific performance is not a remedy for breach of contract in a strictly legal technical sense. In this system the entitlement to specific performance is a consequence of the duty to perform a (contractual) obligation.

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BREACH OF CONTRACT IN THE DUTCH ANTILLES (I)

Failure to properly perform

Under the Netherlands Antilles Civil Code (CC) breach of contract is defined as a failure to properly perform, perform on time, or to perform at all, which failure is attributable to one of the parties If a debtor breaches his obligations there are various courses of action available to the creditor.

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Cinelandia protected historic building

Cinelandia will continue to be listed as a protected historic building for the time being. Yesterday, the Court granted a petition (for a provisional decision) to this effect at the request of the foundation for historic buildings “Fundashon Pro Monumento” (ProMo).

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Amsterdam Court of Appeal on liability of trust directors

Trust directors not treated differently from regular directors

The board of directors of an NV or BV may contractually agree to a limitation of its powers to manage the company. Such arrangements are typical for trust offices engaged by a foreign ultimate beneficiary to render services to ‘his’ company, i.e. the client of a trust office.

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Intertrust leaves Financial Group

Intertrust Curaçao is no longer a member of IFG (International Financial Group). Intertrust has not yet become a member of the CIFA (Curaçao International Finincial Services Association), says Gosse de Vries of Intertrust Curaçao.

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Legal proceedings division of land in Rancho

A second civil case has been laid before the Court of Justice of the Netherlands Antilles and Aruba on the ground of the regulation that took effect on April 1st 2007 with regard to long term undivided estates.

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Dutch Bar Association pleads for free initial meetings lawyers

The Dutch Bar Association will stand out for free initial meetings with clients. This easy accessible initial meeting enables people to find out if the lawyer and the client are a good match.

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Tax agreement Aruba with Bermuda

ORANJESTAD/HAMILTON — Bermuda has signed a bilateral tax agreement with Aruba yesterday. This so-called Tax Information Exchange Agreement (TIEA) provides for a complete exchange of information on criminal and civil tax matters between the two islands.

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BNA rectifies article Quote

In response to the article ‘Substantial investment loss for Central Bank Antilles’ on Quotenet.nl., the Bank of the Netherlands Antilles (BNA) sent out a press release in which the contents of the article are being invalidated.

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Brooks Tower Accord: Six-week grace period for "illegals"

PHILIPSBURG--Antillean Justice Minister Magali Jacoba is giving undocumented persons living in the Netherlands Antilles six weeks – from November 3 to December 15 – to legalise their status before she launches intense immigration controls on all five islands.

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