Legal Blog

Friday, September 21, 2012

Seminar ondernemingsrecht

22, 23 en 24 oktober 2012

Het ondernemingsrecht is continu in beweging. Hier bij ons in Curacao, maar ook in Nederland. Boek 2 van het Burgerlijk Wetboek Curacao is op 1 januari 2012 op tal van punten gewijzigd. Wat houden deze wijzigingen precies in? Wat betekent de invoering van de Flex-BV in Nederland per 1 oktober 2012 voor Curacao?

Read more Filed under: Corporate by Karel Frielink.


Thursday, September 20, 2012

The transfer of bearer bonds in the Dutch Caribbean

Under the laws of the Dutch Caribbean (Aruba, Bonaire, Curacao, St. Maarten) transferring the title of bearer bonds (i.e. bonds which are owned by whoever is holding them, rather than having a registered owner) does not require a transfer deed. In other words: such a bond is transferred by surrendering the original document. The transfer of ownership is thus accomplished simply by the transfer of said document. 

Read more Filed under: Finance by Karel Frielink.


Saturday, September 15, 2012

Courts and Ombudsman reports

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. This topic, however, is about an Ombudsman report resulting from a complaint primarily filed to establish whether there were sufficient grounds to initiate legal proceedings in a regular court. A lawyer and his client may decide to submit the Ombudsman report to the court, in the course of proceedings, as evidence that supports the client’s position. Such a report is, however, not legally binding any way whatsoever, despite the fact that reports made by Ombudsmen are sometimes labelled as “Ombudsprudence”. 

Read more Filed under: Dispute Resolution by Karel Frielink.


Saturday, September 08, 2012

Ombudsman investigation

Ombudsman beneficial to lawyers and their clients? In several jurisdictions the law provides that, with certain exceptions, a statement made or an answer given by a person during an investigation by the Ombudsman, and a report or recommendation of the Ombudsman, is inadmissible in evidence in a court or in any other proceeding.

Read more Filed under: Dispute Resolution by Karel Frielink.


Wednesday, September 05, 2012

Sharia’a Compliant Shipping and Aircraft Activities in the Dutch Caribbean

Islamic Finance practitioners may take advantage of Curacao’s solid reputation in the financial services industry by structuring, for example, shipping and aircraft transactions. Structures that could be used to support a Sukuk issuance by shipping and aircraft companies are the Sukuk-al-Ijara structure, the Sukuk-al-Mudabara structure and the Sukuk-al-Wakala structure.

Read more Filed under: Finance by Maike Bergervoet.


Saturday, September 01, 2012

Lawyers compared to Ombudsmen

I will not go into too much detail regarding the role and nature of an Ombudsman and investigations carried out by him. The role of Ombudsman is known in many jurisdictions and they can, just like lawyers, be found in all types and sizes. Some are described as “Tarzan in the administration jungle”. I will merely attempt to only highlight a few of the differences between an Ombudsman and a lawyer.

Read more Filed under: Dispute Resolution by Karel Frielink.