NEWSLETTER
PRE-TRIAL MOTIONS IN ARUBA
- May 24, 2010 7:47 AM
THE NEW SURINAM NV
- May 20, 2010 6:07 AM
An introduction to draft legislation
The law of the Republic of Surinam is in full swing. The Surinam government on a continuing basis is striving to introduce legislation in order to enhance its ability to attract quality business.
INADEQUATE CAPITALIZATION OF AN ARUBAN COMPANY
- May 07, 2010 6:53 AM
Liability for thin-capitalization?
In terms of ‘piercing the corporate veil’, thin or inadequate capitalization usually means capitalization that is not in proportion to the nature of the risks the business of the corporation necessarily entails; in other words it is based on likely economic needs rather than legal requirements
SUPERVISION OF TRUST COMPANIES IN THE DUTCH CARIBBEAN
- May 04, 2010 6:41 AM
Trust companies render management services
The supervision of trust companies is dealt with in the National Ordinance on the Supervision of Trust Service Providers 2003 (‘Landsverordening toezicht trustwezen’, the ‘NOST’).
LAW FIRM MARKETING AND THE INTERNET
- April 26, 2010 4:15 AM
Blog posts reinforce your expertise and reputation
I found this article on CNN’s website: ‘How can small companies make money from social media?’, and it made me start thinking about whether social media is a business for law firms.
THE THREE STAGES OF LEGAL PROCEEDINGS IN THE DUTCH CARIBBEAN
- April 22, 2010 4:53 AM
General observations regarding adversarial proceedings
All adversarial proceedings in the Dutch Caribbean shall be initiated by means of a petition to the Court of First Instance of the Netherlands Antilles or Aruba.
LECTURE ON GOOD CORPORATE GOVERNANCE IN CURACAO
- April 15, 2010 4:57 AM
Corporate Governance Adviser must be a strong and independent watchdog over the executive also
On April 13, 2010 a seminar on Good Corporate Governance with respect to Curacao-owned enterprises and foundations was held in Curacao.
ORDINARY ADVERSARIAL VERSUS SUMMARY PROCEEDINGS IN THE DUTCH CARIBBEAN
- April 12, 2010 7:18 AM
The court only considers the key issues
According to Article 110 and 111 of the Netherlands Antilles Code of Civil Proceedings (NACCP), all adversarial proceedings shall be initiated by means of a petition to the Court of First Instance.
SPIGTHOFF CURACAO ANNOUNCES OFFICIAL LAUNCH OF ITS WEBSITE
- April 07, 2010 10:20 AM
Today was the official launch of the new website for Spigthoff Attorneys at Law and Tax Advisers Curacao. Spigthoff Curacao is a well-established commercial and full service law firm.
OBITER DICTUM OR NOT?
- March 29, 2010 7:39 AM
Litigating twice on the same matter is not allowed
The Netherlands Antilles Code of Civil Procedure prevents parties from litigating twice on the same legal issue. The principle that a final judgment of a competent court is conclusive upon the parties in any subsequent litigation involving the same cause of action is known as ‘res judicata’.
DUTCH CARIBBEAN LITIGATION AND THE ESTABLISHMENT OF FACTS
- March 23, 2010 4:21 AM
Failing to contest may make a fact true
Facts play an important role in civil litigation. Facts are established by the Court in First Instance of the Netherlands Antilles or Aruba and by the Joint Court of Appeal of the Netherlands Antilles and Aruba, not by the Supreme Court.
PREJUDICED INTERESTS OF MINORITY SHAREHOLDERS IN THE NETHERLANDS ANTILLES
- March 16, 2010 5:01 AM
They may force the company to take-over their shares
Article 2:251(1) of the Netherlands Antilles Civil Code reads as follows: “A shareholder of registered shares, whose rights or interests are prejudiced to such an extent, by the conduct of the company or one or more co-shareholders, that a continuation of his shareholding cannot reasonably be required of him, may institute a claim against the company for withdrawal, demanding that his shares be acquired against payment in cash”.
AANSPRAKELIJKHEID OVERHEID ALS AANDEELHOUDER
- March 02, 2010 5:15 AM
Symposium 26 februari 2010
Op vrijdag 26 februari 2010 vond het symposium ‘Overheid en aansprakelijkheid‘ plaats. Het symposium was georganiseerd door het Centrum voor Postacademisch Juridisch Onderwijs van de Radboud Universiteit Nijmegen in samenwerking met de Universiteit van de Nederlandse Antillen.
PIERCING THE CORPORATE VEIL IN ARUBA
- March 01, 2010 6:17 AM
Ignoring the legal personality of a company
A shareholder is not personally liable for acts performed in the name of the company and is not liable to contribute to losses of the company in excess of the amount which he must pay to the company as contribution for his shares. There is therefore a legal separation between the assets and liabilities of the company and those of the shareholder.
ORDINARY VERSUS SUMMARY PROCEEDINGS IN ARUBA
- February 21, 2010 12:40 PM
Interlocutory or summary proceedings provide for immediate relief
Article 110 of the Netherlands Antilles and Aruba Code of Civil Procedure (‘the Code’) provides that all adversarial proceedings shall be initiated by means of a petition to the court of first instance. Proceedings so initiated are ordinary proceedings a.k.a. proceedings on the merits.
THREE QUESTIONS ON ARUBAN BANKRUPTCY LAWS
- February 21, 2010 12:35 PM
Question 1
In which cases and by whom may bankruptcy proceedings be initiated in accordance with Aruban bankruptcy law?
ARUBAN LAW REGARDING CORPORATE AUTHORITY
- February 09, 2010 5:01 AM
The Aruba Trade Register should be checked
The laws of Aruba provide that, subject to restrictions laid down by any statutory provision or a corporation’s articles of association, the board of directors of a company shall be competent to represent the company, i.e. a limited liability company (NV, AVV or VBA).
EUROPEAN COURT OF JUSTICE ON INSIDER DEALING
- February 02, 2010 4:59 AM
Market Abuse Directive defines insider dealing objectively
The European Court of Justice, in its decision dated 23 December 2009 (Case C‑45/08; Spector Photo Group NV and Chris Van Raemdonck versus Commissie voor het Bank-, Financie- en Assurantiewezen (CBFA)), has clarified the elements of insider dealing following a request from the Court of Appeal of Brussels.
FOREIGN CLAIMS SECURED BY ARUBAN SECURITY RIGHTS
- January 25, 2010 6:04 AM
The foreign law governed claim must be sufficiently identifiable
Many financing arrangements are of a cross-border nature. For instance, a loan agreement governed by English law with the loan secured by a right of pledge governed by the laws of Aruba. This raises all kinds of questions.
DRAG-ALONG RIGHTS UNDER THE LAWS OF ARUBA
- January 18, 2010 10:09 AM
Drag-along rights may be validly created
On January 1, 2009 the new Aruba Ordinance on companies with limited liability (vennootschap met beperkte aansprakelijkheid; VBA) became effective.
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