CORPORATE AND FINANCE LAW
EU/The Netherlands v the Dutch Caribbean and Suriname
Dutch legislation as regards, among other things, the law of legal entities (corporate law) and financial law has become extremely complex in recent years. This is partly due to the flood of European directives that EU member states must implement in their own legislation.
The law of legal entities and financial law in the Caribbean parts of the Kingdom looks a lot simpler. And that legislation is also simpler. This also applies to the Republic of Suriname. With the introduction of a new Civil Code in Suriname, that country’s legislation will be even more comparable to that of the Caribbean countries and islands of the Kingdom of the Netherlands.
The advantage is that in this way a larger “legal community” is created in which knowledge and experience can be exchanged in terms of (scientific) literature and case law, among other things. As a result, fundamental questions can also be raised in a wider circle, especially if they are related to local culture or geographical location. For example, questions of customary law that do not arise in the Netherlands (Europe) may be raised.
One point to note is that there are differences between the various laws, both between the respective Dutch Caribbean codes and in relation to Suriname. Such differences may be apparent from the legal text itself, but also from the application or from provisions of other laws of the relevant jurisdiction. Therefore, an advisor with multiple jurisdictions “under his belt” must always go the extra mile to be sure about the advice to be given.
Karel Frielink
(lawyer / legal scholar)
(19 August 2024)
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