LAWYERS AND CONFLICT OF INTEREST
A lawyer must be independent
A lawyer (attorney at law) is expected to be independent. This independence involves an attitude: this is the lawyer’s disposition toward his client but also toward the court and in actual fact toward any other party involved. He ought to represent the interests of his client and not be led by his own interests. Neither is he allowed to represent the interests of others if they conflict with the interest of his client.
In the (Curaçao) Code of Conduct for Lawyers this starting point is described as follows: “The lawyer shall not undertake to represent …
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AMENDED SINT MAARTEN LEGISLATION ON CONFLICTING INTEREST
The new law gives shareholders more freedom
As per April 1, 2014 the amended Corporate Code (Book 2 Civil Code) of St. Maarten entered into force. Among other things, the provisions with regard to conflicting interest have been thoroughly reviewed and strongly curtailed.
The basic rule provides that the authority with regard to certain legal acts involving the legal entity and its Managing Director (e.g., agreements between the legal entity and its director) as well as lawsuits between a legal entity and its Managing Director rests with the Supervisory Board. If the company has no Supervisory Board, this authority rests …
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