Day of the Supervisory Board 2009

During the fourth “Day of the Supervisory Board”, organized by The Galan Group Netherlands Antilles and Aruba together with VanEps Kunneman VanDoorne, several aspects relating to good corporate governance will be discussed. The subject of the day is: “It’s not only the rules and regulations. It’s also the way people work together.”

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"Isla should not be allowed to continue to cause damage"

“The residents have experienced the dangers of an improper procedure with the cat cracker – which Isla by the way had also mentioned in their appeal – two weeks ago, when they had been overtaken by an emission of poisonous white dust again.”

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Professor Jan Reijntjes: language in Court often chaotic

In the court rooms in Willemstad in a criminal case often two or even three languages are spoken: Dutch, Papiamentu, and , in case of a foreign suspect, also Spanish or English. According to professor Jan Reijntjes of the faculty of Law of the University of the Netherlands Antilles the official language in Court is often chaotic.

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Military member of the Court

Since yesterday the military chamber of the Joint Court of Justice has a new member: Deputy Commander Naval Forces Caribbean, Ltz. I Jeroen van Zaalen was sworn in as a military member.

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

Case law the principle of good faith

A legal entity and all involved in its organization have a legal duty to behave towards each in accordance with the principles of reasonableness and fairness, i.e. (objective) good faith.

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Seizure of Taams clinic allowed up to half a million

Biomet Curaçao is allowed to seize the Taams clinic up to an amount of 500.000 gulden. This was decided by the Court of First Instance this morning.

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Agreement on distribution of tasks and social security

Tuesday 3 November State Secretary Ank Bijleveld-Schouten of Kingdom Affairs, deputees Julian Woodley of Sint Eustatius and Chris Johnson of Saba have signed the distribution of tasks between the Netherlands and the islands after 10-10-10.

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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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