Owner: www.curacao-law.com/ URL:http://www.curacao-law.com/ Join Date: Sat, 05 Jan 2008 13:20:01 -0600 Rating:0 Site Description: Curacao-based Attorney / Lawyer Karel Frielink discusses legal
issues relating to the Dutch Caribbean: Aruba and the Netherlands Antilles
(Curacao, Bonaire, St. Maarten, Saba and St. Eustatia). Site statistics:Click here
PROMOTING GAMBLING AND GAMING FROM THE DUTCH CARIBBEAN 2008-03-07 22:00:13 No specific law regarding advertisement
In the Netherlands Antilles there is no specific law relating to advertisement or promotion of on-line gambling/gaming; subsequently there are no restrictions to advertisement and promotion of these games to Netherlands Antilles citizens nor to citizens of other nations.
Please note that the “Ordinance on agreements to be concluded electronically” (’Landsverordening overeenkomsten langs [...]
TRANSFER OF STATUTORY SEAT WITHIN THE KINGDOM OF THE NETHERLANDS 2008-03-03 22:00:48 A remedy against extraordinary events
Upon the occurrence of certain extraordinary events, such as war, or immediate danger of war, or a revolution, a transfer of seat of a company is possible to other parts of the Kingdom, i.e., the Netherlands and Aruba (Act on Voluntary Transfer of Seat; ‘Rijkswet vrijwillige zetelverplaatsing van rechtspersonen’). The transfer [...]
SABINE ALTENA STRENGHTENS CURACAO FUND TEAM 2008-02-29 22:00:32 Top fund lawyer joins Spigthoff Curacao
Sabine Altena joined Spigthoff and will start working in the Curacao office as of the first of March 2008. She will strengthen Spigthoff’s fund team. This team also consists of Maike Bergervoet and Karel Frielink.
Sabine obtained a law degree at the University of Groningen in 1997. Successively she started working with the [...]
WILDERS ANTI-KORAN FILM: THE NETHERLANDS FEARS ATTACKS ON PEOPLE AND PROPERTIES 2008-02-29 06:52:21 Calls to kill Mr. Wilders should be strongly condemned
Freedom of expression is one of the cornerstones of the Dutch democracy. Within the boundaries of the law, one may say whatever one wants to say. But even within these boundaries, expressing one’s view can be highly irresponsible, especially if the purpose thereof is to demonize and [...]
HOW MANY POLITICIANS DO WE NEED IN THE NETHERLANDS PARLIAMENT? 2008-02-27 09:35:39 150 + 75 members seems too much
The Dutch House of Representatives or lower house (‘Tweede Kamer’) counts 150 members (MPs). Members of the Tweede Kamer receive an allowance for expenses for their work. This is called compensation (‘schadeloosstelling’). The amount of the compensation is € 83,398.32 per MP per year. They also receive a holiday [...]
DUTCH MAILBOX COMPANIES 2008-02-25 22:00:20 It’s not merely a mailbox
According to the OECD (Organization for Economic Co-operation and Development), a tax haven (or offshore jurisdiction) is a jurisdiction which actively makes itself available for the avoidance of taxes which would otherwise be paid in a higher tax jurisdiction. There are more and less advanced offshore jurisdictions. The concessions and benefits [...]
SELLING LEASED PROPERTY IN THE NETHERLANDS ANTILLES 2008-02-22 22:00:52 The lessee will be protected (in principle)
As a general principle, the rights of a lessee must be protected in the event leased property is sold.
Therefore, according to Dutch Caribbean law, in the event of the sale of a leased property, either a regular sale or through a foreclosure sale, the (material) obligations in the lease [...]
TELEPHONE TAPING BY BANKS IN THE DUTCH CARIBBEAN 2008-02-18 22:00:48 It is common practice
It is common practice around the world for (dealing rooms of) banks and brokers to tape conversations with their clients in order to avoid misunderstandings as to the selling or buying instructions given by the clients. There are no specific laws or regulations in the Netherlands Antilles applicable on this aspect of [...]
TRUST COMPANIES IN THE DUTCH CARIBBEAN 2008-02-15 22:00:27 A license is required
In many international group structures, one or more Netherlands Antilles legal entities or companies (offshore companies) are inserted. This is mainly done for tax reasons. Another reason for using a Netherlands Antilles company may be to have a company with a seat in a respected jurisdiction with a well functioning legal and [...]
MARKETING EFFORTS BY FOREIGN COMPANIES IN ARUBA AND TAX CONSEQUENCES 2008-02-11 22:00:35 Permanent establishment creates a taxable presence
Foreign companies may wish to promote their products in Aruba. Do marketing activities result in taxable activities in Aruba?
In Aruba the profit tax law applies the concept of the permanent establishment that creates a taxable presence without providing a definition. In practice one believes that the concept includes the representative [...]
JUNIOR VERSUS SENIOR DEBT IN THE DUTCH CARIBBEAN 2008-03-10 23:00:35 High versus lower ranking debt
A corporate take-over can be financed with debt and/or equity. For example, the current management of a company (the target) could incorporate a corporate vehicle (Newco) to acquire the shares of the target, while Newco is financed by banks or other lending institutions.
Banks are typically senior debt holders, meaning that their [...]
MiFID: WILL IT AFFECT THE DUTCH CARIBBEAN? 2008-03-14 23:00:35 Markets in Financial Instruments Directive
MiFID is an EU directive which provides a harmonized regulatory regime for investment services for all members of the European Economic Area and which became effective on 1 November 2007. MiFID’s objectives are to increase competition – and thus to make the price of corporate finance deals more competitive – and [...]