Legal Blog

Thursday, August 26, 2010

Scanned evidence under the laws of the Dutch Caribbean

A Netherlands Antilles or Aruban court may only base its decision on facts. An alleged fact that is not disputed by the parties is considered to be such a fact, even if it does not correspond with reality. For example, if both parties state that they were involved in a fight in Curacao, the court will assume the correctness thereof, although both parties know that the fight was actually in Bonaire. Furthermore, facts can be proven in the course of the proceedings, e.g., by showing the court an official extract of a notarial deed. The court may also base its decision on circumstances that are generally known and need no proof.

Read more Filed under: Dispute Resolution by Karel Frielink. (0) Comments

 

Tuesday, August 03, 2010

Separation between legal and beneficial ownership of shares in the Dutch Caribbean

On March 1, 2004 the new act on corporate law (Book 2 Netherlands Antilles Civil Code) became effective. The Act governs NVs (‘public limited liability company’) and BVs (‘private limited liability company’). The main object of the legislator was to provide flexibility and maximum freedom for organization and presentation. Accordingly, the Act contains few mandatory provisions, such as provisions relating to the interests of creditors and minority shareholders.

Read more Filed under: Corporate by Karel Frielink. (0) Comments