VanEps Kunneman VanDoorne launches new website

The law firm VanEps Kunneman VanDoorne launches the website “Doing Business in the Dutch Caribbean” to respond to the quick changes the new political structure entails for the legal systems in our region.

The website has been set up for companies and investors that want to go into business in Curaçao, St. Maarten, Aruba, and the island of Bonaire. Statia, Saba, and Bonaire have formed the BES islands since October 10 of this year, constituting part of the Netherlands as public bodies. The website is also useful for Surinam companies that have become increasingly active in the Caribbean in recent years as a startup for doing business.

Apart from general information, the visitor to the website will also obtain an in-depth understanding of the legal aspects that are involved in doing business in the Caribbean. The reputable law firm VanEps Kunneman VanDoorne advises inter alia on the customary corporate structures, license issues, labor affairs, landlord and tenant law, and intellectual property.

For instance, the website indicates what licenses are required to start a business and for foreign employees, if any, but also when it concerns a bank or insurance company and the role of the Central Banks as supervisors.

The website makes the differences between the legal systems of Curaçao, St. Maarten, Aruba, and Bonaire clear. According to Mark Kater, Director Client Relations and Marketing of VanEps Kunneman VanDoorne, this is the right time to let the website go live: “The legal systems of the areas will grow apart. Legislation will be different per island. In Bonaire we advise the public body: local legislation has to be incorporated in the special legislation applicable to Bonaire, Statia, and Saba. That is since recently Dutch legislation, it is true, but special legislation for these three islands. And it is not equal one on one to Dutch law as this applies in the Netherlands in Europe. In addition, this BES legislation has to befit the Dutch legal system and also has to be reconciled with the special circumstances of Bonaire and the other two islands. This is quite a job. It is important that people realize that if they want to do business in the BES, they cannot automatically assume – at any rate not yet – that it functions the same way as in the Netherlands. The website literally is a “guide” for this purpose.”

Lawyer and partner Focco Lunsingh Scheurleer also considers it important to clarify the differences between the legal systems. “A division between the legal systems is necessary. In Curaçao, for instance, almost all existing Acts have been copied after 10.10.10, and not much has changed as to the contents yet, but in due time the government of Curaçao will be able to amend this legislation.”

St. Maarten handles matters in its own way. For St. Maarten has also obtained the status of “Country” on 10.10.10. That matters will differ experience has taught us: Aruba has created its own legislation since the country obtained a special status. An example is trademark legislation, for instance. In Aruba you need to go to an entirely different organization than in Bonaire or Curaçao. Aruba also has different corporate law.”

Comfort zone

Scheurleer and Kater expect that the website will lower thresholds and the visitor will reach a comfort zone. Scheurleer: “For many people the step to go to a law firm to ask for real advice is quite big. But if someone can already read the basic information on the website, the step to our firm is easier. Moreover, it saves a lot of time and consequently it reduces the costs for the client. For we do not have to extensively explain the legal systems first, because this information is already on our website. So we can get down to business immediately. It is an extra service to make a legal problem of our clients easier to solve. Also a large company with a legal department can first consult the website before coming to us.”

Calling card

There are more reasons for the law firm to launch the website. VanEps Kunneman VanDoorne also shows with the website that it is very familiar with the subject matter. “It is our calling card. If we spread our knowledge in this way, the visitor can rely on it that we know what we are talking about. The website serves as the “top of the iceberg”. After that, a follow-up conversation with our firm can follow, given our know-how and our experience with the various legal areas,” Scheurleer says.

Lex Mundi

Moreover, launching www.doingbusinessdutchcaribbean.com originates from Lex Mundi, the largest international network of independent law firms. VanEps Kunneman VanDoorne is exclusive member for the countries of Aruba, Curaçao, St. Maarten, and the BES islands. Lex Mundi requests each member to publish a “doing business guide” for the country or region the member represents. We do this in a clear and accessible way with the website and thus exchange information on the various legal systems in our region. In that way we make doing business on the islands more accessible to everyone and everyone will benefit from it,” Scheurleer concludes.

11 December 2010

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