Verkiezing of verkwisting?

Geschreven door Eric R. de Vries
maandag, 17 augustus 2009

De Raad van Ministers van het land de Nederlandse Antillen heeft een wetsvoorstel gestuurd aan de Raad van Advies dat ertoe strekt dat de verkiezing van de leden van de staten van de Nederlandse Antillen in maart 2010 wordt uitgesteld tot begin 2011. De reden daarvoor is dat de Nederlandse Antillen volgens de met de partners in het Koninkrijk gemaakte afspraken per oktober 2010 een praktisch lege huls wordt.

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Judgment in Isla case

The Court of First Instance for administrative procedures ordered in the case against the Isla refinery (the Curacao refinery run by Venezuela’s state-owned oil company PDVSA) that the Island Executive has to take action against the Isla refinery since it is exceeding the license it obtained based on the Nuisance Act Ordinance.

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Argentina negotiates with Antilles

BUENOS AIRES/WILLEMSTAD — An official delegation of the Argentina tax authorities will be visiting the Antilles later this year to start negotiations on an agreement regarding the avoidance of double taxation (DTAA - Double Taxation Avoidance Agreement).
This is a significant result of the conversations held by State Secretary Alex Rosaria (Finances, PNP) in Buenos Aires yesterday.

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Trade-register ordinance on Parliament agenda

The Parliament will discuss the trade-register ordinance next week. The purpose of this law is to establish a public register on the various Antilles Islands listing companies, foundations and associations.

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Curaçao law firm Spectrum Juris falls apart

The law firm that only a few months ago celebrated its name change from LFFW (i.e. partners Limon, Frans, Fa Si Oen and De Winter) into Spectrum Juris is confronted with a fall out of lawyers.

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Prize for best legal Master's thesis

Shaïda Martis has this year written the best legal Master’s thesis of the Dutch Antilles and Aruba.   For the ninth time, the Van Eps Kunneman VanDoorne prize was recently awarded at the University of the Dutch Antilles.  The prize is awarded for the best Master’s thesis of the Faculty of Law at the University of the Dutch Antilles.

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Consensus-national laws with Parliament

Four of the five consensus-national laws have meanwhile arrived at Parliament. According to chairman Pedro Atacho, these laws will be discussed after the opening of the parliamentary year in September during a central committee meeting.

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Second Bankruptcy Report - Lehman Brothers Securities N.V.

The bankruptcy trustee of Lehman Brothers Securities N.V. – Mr. Michiel R.B. Gorsira of Law firm VanEps Kunneman VanDoorne – has published the second bankruptcy report regarding the insolvency of Lehman Brothers Securities N.V.

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Interview met gevolmachtigd minister Mr. Marcel van der Plank

door Arthur Oster

We zitten op het gedeeltelijk ontruimde kantoor dat tot voor kort “Notariskantoor van der Plank” heette. Er is een dikke zwarte streep getrokken door de naam. De interviewer werkte er in de tachtiger jaren als kandidaat-notaris. Er is wel het een en ander veranderd.

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Marubeni dips toe in Peruvian water

Japan's Marubeni Corporation has acquired a stake in a local water company in Peru. Marubeni is a.o. preference shareholder of Aqualectra Curacao and shareholder of Curacao Utilities Co(BOO).

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Judge Veenhof sworn in

KRALENDIJK — Franciscus Veenhof has been sworn in as a permanent judge for Bonaire. This took place last week in the office of Lieutenant Governor Glenn Thodé, who said he was very pleased that Boniare has its own permanent judge now. Previously every week judges flew over from Curaçao to handle the cases on Bonaire.

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Acknowledging Dominican children

As of March this year, children younger than 7 years of age who are acknowledged by a Dutch male citizen will legally receive the Dutch nationality. A press conference was held on this subject yesterday.

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Negotiations on tax treaties

The Antillean Government has been busy with the preparations for the scheduled signing of nine tax treaties coming August and September. Preparations are already in progress to start the negotiations between October and December for at least ten additional treaties with countries such as Antigua & Barbuda, Dominica, Germany, France, Grenada, Italy, Mexico, St. Lucia, St. Vincent & the Grenadines, and Trinidad & Tobago.

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Identity-determination of fatherhood for illegitimate children

Even though this is not covered by the law yet, the court pronounced a legal identity determination of fatherhood this week.

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Duch Caribbean Securities Exchange

On May 5, 2009 the Dutch Caribbean Securities Exchange N.V. ("DCSX") was incorporated. DCSX is scheduled to become operational in the Fall of 2009. With this establishment, another important step was taken towards the realization of the long awaited Exchange that will provide a time- and cost-efficient listing for international corporations and investment funds, furnishing an alternative to the Anglo-Saxon (regional) exchanges in other jurisdictions.

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Aruba yields: Court remains on Curaçao

ORANJESTAD — The Aruban government agrees that the Joint Court of Justice will remain on Curaçao after the dismantlement of the Netherlands Antilles. On official level, the Netherlands, the Antilles, and Aruba came up with a new proposal. Against this, the Dutch and Antillean government -contrary to Aruba- have not formally said yes though.

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Court of Justice measures up to new demands

As of next year, the Court will do a trail run as independent entity with a new finance model – ‘an initial and above all large step in the transition to the new organization’, Court-president Lisbeth Hoefdraad stated in the preface of ‘already the third annual report’ of the Court.

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"LEGISLATION ON OIL EXPLORATION AND PRODUCTION IN THE DUTCH CARIBBEAN"

There is an increasing interest of International companies to explore and extract natural gas and petroleum in parts of the Caribbean sea area where Curaçao and Bonaire are situated. This is a positive development as this could give the economies of the Dutch Caribbean a significant boost and add to the worlds proven reserves.

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Land Registry liable for damages in "mortgage right"-case

The parties, which are involved with the long-term case on mortgage right, have not held any further conversations yet on the consequences of a recent verdict by the judge.
In this verdict, the island Curaçao and the Land Registry were deemed responsible for the possible damage of the other parties, namely the Maduro & Curiel’s Bank (MCB), the ‘Spaar en Beleenbank’ Curaçao (SBC), and another unspecified owner of a lot on the island.

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Civil-law notary, Land Register and Island Territory of Curacao held liable

On 25 May 2009, the Court of First Instance held a civil-law notary, the land register and the Island Territory liable for the incorrect registration of a mortgaged parcel of land. This judgment brings an end for now to liability proceedings that started four years ago.

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