NEWSLETTER
DE ADVOCAAT (I)
- June 13, 2013 11:40 AM
LITIGATION IS A SKILLED PROFESSION (part 7)
- June 10, 2013 10:32 AM
LITIGATION IS A SKILLED PROFESSION (part 6)
- June 01, 2013 11:44 AM
CORPORATE GOVERNANCE AND DIRECTORS’ DUTIES
- May 29, 2013 8:53 PM
LITIGATION IS A SKILLED PROFESSION (part 5)
- May 24, 2013 2:01 PM
LITIGATION IS A SKILLED PROFESSION (part 4)
- May 17, 2013 3:18 PM
Statement of Defense
EUROPE MEETS THE AMERICAS
- May 09, 2013 3:08 PM
Aruba Business Conference 2013
From May 5th till May 8th 2013 the trade mission “Europe meets the Americas” was held on Aruba. The conference offered the unique opportunity to connect face-to-face with potential partners from Latin America, the Caribbean region, Europe all present in one place.
LITIGATION IS A SKILLED PROFESSION (part 2)
- May 03, 2013 8:55 AM
Which court is competent to hear the case?
LITIGATION IS A SKILLED PROFESSION (part 1)
- April 26, 2013 11:25 AM
Everything boils down to knowledge and experience
Litigation appears to be simple. For instance you have a monetary claim on someone (a private person or an enterprise) and you ask the court to determine in a judgment that you indeed have this claim. And you ask the court that the counterparty be ordered to pay the claim.
BANKING REGULATION IN CURACAO
- April 24, 2013 2:28 PM
Getting The Deal Through
CROSS BORDER CONVERSION AND MERGER (part 10)
- April 12, 2013 10:41 AM
Legal entities under supervision
So far we have only looked at legal entities not under the supervision of the Central Bank of Curacao and St. Maarten (CBCS). Just a few words about institutions that are under supervision.
CROSS BORDER CONVERSION AND MERGER (part 9)
- April 12, 2013 10:05 AM
The cross-border merger
We now look at the cross-border legal merger. Before 1 January 2012 the possibility already existed in Curacao that in connection with a merger, a foreign legal entity as the disappearing legal entity could merge with a comparable legal form of Book 2 of the Civil Code on the condition that the law governing that foreign legal entity was not incompatible with the merger and the manner in which it was brought about (Section 2:323a of the Civil Code). This inbound merger possibility still exists.
CROSS BORDER CONVERSION AND MERGER (part 8)
- March 30, 2013 2:41 PM
Changes in Curacao as of 1 January 2012
The most important amendment in the Curacao provision with regard to the conversion of an NV or BV into a foreign legal entity (outbound) is that the requirement of the personal notice of liability by managing directors and shareholders has been removed as from 1 January 2012 onwards, except for the case mentioned below.
CROSS BORDER CONVERSION AND MERGER (part 7)
- March 22, 2013 7:31 PM
The conversion of or into a foundation
If a foreign legal entity wants to be converted into a Curacao foundation (inbound) the Court in Curacao must grant consent (Section 2:303 subsection 2 of the Civil Code). I was unable to find any explanation of this in the Explanatory Memorandums of Book 2 of the Civil Code of 2003 and 2010.
ORDER OF THE COMMON APPEAL COURT OF CURACAO CONCERNING THE RIGHT TO INSTITUTE AN INQUIRY
- March 07, 2013 3:40 PM
The Appeal Court has taken several fundamental decisions
On 5 March 2013 the Common Court of Justice of Aruba, Curacao, Sint Maarten and of Bonaire, Sint Eustatius and Saba (case: Ghis 55769 – HAR 28/12) issued an order in connection with inquiry proceedings. This order contains three major considerations.
BESCHIKKING INZAKE ENQUETERECHT GEMEENSCHAPPELIJK HOF (CURACAO)
- March 05, 2013 2:01 PM
Het Hof neemt enkele principiële beslissingen
Op 5 maart 2013 heeft het Gemeenschappelijk Hof van Justitie van Aruba, Curaçao, Sint Maarten en van Bonaire, Sint Eustatius en Saba (zaak: Ghis 55769 – HAR 28/12) een beschikking in het kader van een enquêteprocedure gegeven. Drie belangrijke overwegingen worden hier genoemd.
LEGAL ACTION AGAINST A CURACAO TRUSTEE
- November 24, 2012 1:24 PM
If the trust assets have been prejudiced, the action can be brought by any co-trustee. Unless provided for to the contrary in the trust deed the action can also be brought by a protector or beneficiary on the understanding that the compensation is paid as soon as possible to a Trustee not being the Trustee who violated his duties (Section 3:143 subsection 4 Curacao Civil Code {‘CCC’}).
MY VIEW ON THE LIABILITY OF A CURACAO TRUSTEE
- November 15, 2012 1:31 PM
The trust originates from Anglo Saxon law. On designing the Curacao trust system the systems in other jurisdictions have obviously been studied. However, the Curacao trust is a civil law and not a common law trust.
A CURACAO TRUSTEE HAS A DUTY OF CARE
- November 08, 2012 1:35 PM
A duty of care is justified in those cases where someone entrusts his financial or other interests to another or takes care of these himself with the assistance of the other, particularly because that other possesses more knowledge and experience in that field.
COURTS AND OMBUDSMAN REPORTS
- July 19, 2012 8:22 PM
Ombudsman reports are taken seriously
An Ombudsman determines whether a complaint is justified or not. If the Ombudsman finds that a complaint is justified or has merit, he may decide to try and persuade the government or government agency to change its policy or decision.
Lawyer Roeland Zwanikken considers legal action against ABN AMRO Bank
- May 08, 2021 6:14 PM
Fiscaal onderzoek bij notariskantoren vinden doorgang
- May 07, 2021 8:04 AM
Juridische miljoenenstrijd tussen BNP Paribas en Italiaanse prinses verhardt
- February 22, 2021 4:51 PM
- Bezit van Italiaanse Crociani-familie op Curaçao mag van rechter worden verkocht
- De Crociani's ruziën al jaren met BNP Paribas over een claim van $100 mln
- Curaçaos trustkantoor United Trust heeft 'geen enkele relatie meer' met Camilla Crociani