HOW MANY POLITICIANS DO WE NEED IN THE NETHERLANDS PARLIAMENT?
150 + 75 members seems too much
The Dutch House of Representatives or Lower House (‘Tweede Kamer’) has 150 members (MPs). Members of the Lower House receive an allowance for expenses for their work. This is called a compensation. The amount of the compensation is € 83,398.32 per MP per year. They also receive a holiday allowance of 8% and an end of the year allowance in December. MPs are elected by the voters.
The Dutch Senate or upper house (‘Eerste Kamer’) has 75 members. Members of the Senate receive an allowance for expenses for their …
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DUTCH MAILBOX COMPANIES
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 that actively makes itself available for the avoidance of taxes which would otherwise be paid in a higher tax jurisdiction. There are more advanced and less advanced offshore jurisdictions. The concessions and benefits are also differently structured. They may, for example, be in the form of zero tax on receipt and distribution of dividends (holding companies in Cyprus, Denmark and the Netherlands) or favorable tax treatment through treaties and agreements with the investor’s home country (Cyprus, the …
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SELLING LEASED PROPERTY IN THE NETHERLANDS ANTILLES
The lessee is 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 a foreclosure sale, the (material) obligations in any lease agreement with respect to that property will automatically transfer to the new owner.
A mortgage holder can usually initiate foreclosure at anytime there is a default on the mortgage payment, however regarding the foreclosure sale, i.e. the sale initiated by a mortgage holder, the above principle does not hold if the …
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TELEPHONE TAPING BY BANKS IN THE DUTCH CARIBBEAN
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 to this aspect of telephone taping.
In various countries there are laws protecting the privacy of individuals, which also cover the taping of incoming calls. In particular, several European countries have implemented legislation relating to the protection of personal data in their jurisdiction, based, in particular on the EU Directive on personal …
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TRUST COMPANIES IN THE DUTCH CARIBBEAN
A license is required
One or more Netherlands Antilles legal entities or companies (offshore companies) are inserted in many international group structures. This is mainly done for tax purposes. 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 court system. The ‘ultimate beneficial owner’ of these companies will generally, directly or indirectly, put the board of these Netherlands Antilles legal entities and the administration of these companies in the hands of company service providers a.k.a. trust companies.
Netherlands Antilles company law grants the …
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MARKETING EFFORTS BY FOREIGN COMPANIES IN ARUBA AND TAX CONSEQUENCES
Permanent establishment creates a taxable presence
Foreign companies wishing to promote their products in Aruba may ask the question whether marketing activities result in taxable activities in Aruba.
In Aruba the profit tax law applies the concept of a permanent establishment that creates a taxable presence without providing a definition. In practice it is understood that the concept includes representatives though also that certain activities will not lead to a taxable presence, as is the case in the definition used in the Tax Arrangement for the Dutch Kingdom which applies to Aruba, the Netherlands Antilles and the Netherlands.
The most relevant exemption is the one …
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NATALEE HOLLOWAY CASE: ETHICAL AND OTHER ISSUES
Undercover operation and huge TV circus ethical?
Crime reporter Peter R. de Vries paid the 34-year old business man who befriended and secretly recorded Joran van der Sloot some US$ 35,000. Bounty hunters are a well-known phenomenon, also on TV, as are rewards offered by police or private persons. We have all seen episodes of ‘America’s Most Wanted’. I guess it is common knowledge these days that one can serve both the law and one’s own wallet simultaneously.
The business man gained Joran’s trust, also by smoking marijuana with him (click here). So the question arises, exaclty how stoned …
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NATALEE HOLLOWAY: CASE SOLVED?
Not yet, not yet at all
Dutch television aired a videotape last Sunday (3 February 2008), in which Joran van der Sloot says he was with Natalee Holloway on an Aruban beach when she apparently died and that a friend of his with a boat disposed of Holloway’s body (further details here on CNN and here). According to crime reporter Peter R. de Vries, the case is now solved. But is it really? To be honest: not yet, not yet at all.
From a legal point of view, there are at least …
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REFORMING DUTCH CARIBBEAN INSURANCE LAW
Draft bill presented
Last month a draft bill for new statutory provisions governing insurance contracts was presented for debate to professional circles such as insurance companies, intermediaries, the chamber of commerce, consumer organizations, the bar association, and the central bank. The author of the draft is Prof. Jan de Boer, member of the Netherlands Antilles and Aruba court of appeals. A large part of the new legislation is comprised of codification of existing case law. Several stipulations follow from standard case law of the Dutch Supreme Court which, pursuant to the Supreme Court Appeals Act for the Netherlands Antilles, also acts …
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ATTRACTING FUNDS IN THE DUTCH CARIBBEAN
Attracting funds from the public at large is prohibited
Article 45 of the Netherlands Antilles Ordinance on the Supervision of Banks and Credit Institutions 1994 (‘Landsverordening Toezicht Bank- en Kredietwezen 1994’) prohibits anyone from directly or indirectly turning to the public in the Netherlands Antilles with a view to attracting funds with the exception of credit institutions possessing a permit to do so.
This prohibition also applies to the offering of certain types of securities, e.g. bonds, for which an exemption must be obtained from the Bank of Netherlands Antilles if the moneys will be attracted by any other party than a credit institution with a …
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PROTECTING YOUR GOODS AND SERVICES UNDER DUTCH CARIBBEAN TRADEMARK LAW
Battle of the Stripes: Who will win?
Like many of its customers wearing the very popular 3-stripe pattern, Sporting goods giant Adidas enjoys a good, sportive battle with opponents. However, in the case of Adidas, the battleground is not the football pitch, or the basketball or tennis court, but the legal arena. And, unlike many sports games, it is not (just) about honor or glory. For Adidas, the stakes are much higher. What’s at stake is the scope of protection of its very famous, and commercially valuable, 3-stripe trademark which can be seen on the clothes and …
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THE RIGHT OF PLEDGES IN THE EVENT OF A BANKRUPTCY UNDER DUTCH CARIBBEAN LAW
Pledgee may exercise rights as if there is no bankruptcy
Article 53 paragraph 1 of the Bankruptcy Act of the Netherlands Antilles states that a pledgee can exercise its rights as if there is no bankruptcy. Permission or co-operation of the trustee in bankruptcy is not required.
Article 53 paragraph 2 of the Bankruptcy Act, however, provides that if it concerns claims of which it is uncertain when they are due and payable (‘opeisbaarheid onzeker is’) or which contain a right to periodical payment or a condition precedent or subsequent, the pledgee can only execute its pledge after verification of …
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