35 JAAR ADVOCAAT – 35 YEARS BEING A LAWYER
Ik vier dat door gewoon door te werken
Over ongeveer een maand (12 september 2024) ben ik 35 jaar advocaat. In die jaren heb ik veel geleerd, ook buiten mijn vakgebied. Daarnaast heb ik behoorlijk wat boeken en artikelen geschreven over het ondernemingsrecht en financieel recht. Als docent aan de universiteit in Curacao heb ik gedurende twee decennia (en met veel enthousiasme) ook veel kennis aan anderen mogen overbrengen. Maar ik ben nog lang niet van plan te stoppen. Zoek je goede raad in zaken die betrekking hebben op het recht in de Caribische delen van het Koninkrijk neem dan …
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CHAMBERS GLOBAL 2024 LEGAL RANKINGS RELEASED
Karel Frielink ranked Band 1 for the 15th time: “He is really top class”
Once again, I have been selected as a ranked lawyer in Chambers Global 2024, identifying me as one of the best lawyers in the Dutch Caribbean.
Chamber and Partners: “Karel Frielink is a leading lawyer who advises on a wide range of matters including commercial transactions, corporate governance and related litigation. Karel is a very astute lawyer and he achieves results. He is really top class.”
Chambers and Partners is an independent research company operating across 200 jurisdictions delivering detailed rankings and …
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TWO BUILDINGS, ONE LAW FIRM
Straightforward
BZSE Attorneys & Tax Advisers operates in the Caribbean parts of the Kingdom of the Netherlands. This sometimes raises the question of what our offices look like. We have two buildings: one in Curaçao and one in St. Maarten. And they look very different. However, what is important is what is behind the walls. Independence and integrity are paramount to the lawyers of BZSE. They operate and litigate in an open, transparent and independent manner.
Please note that although the lawyers of BZSE are based in St. Maarten and Curaçao, they are also qualified to …
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LAWYERS IN THE DUTCH CARIBBEAN
BZSE Law is the best firm to hire
To start with, I’m not an expert in all areas of law. A little exaggeration would be allowed, but that’s not my M.O. These days you are supposed to tell the “honest story”.
Practical and well-founded advice based on more than 30 years of experience as an attorney and in legal science: that’s why you should consult me.
I specialize in corporate, financial and (commercial) private law in general in the Caribbean parts of the Dutch Kingdom. Although I have litigated for more than 30 years, I no longer do so. As …
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LIABILITY OF MANAGEMENT SERVICES COMPANIES
Aspects of director’s liability
Management services companies a.k.a. trust companies (‘trustkantoren’) can face liability as a result of how they have performed trust and management services to their clients, and in particular when acting as managing director (‘statutair directeur’) of a legal entity, whether alone or together with others.
A trust company acting as managing director for a client company is subject to the general rules on director’s liability. Such liability towards the client company may arise in the event a trust company is found to be seriously negligent (‘een ernstig verwijt kan worden gemaakt’) in fulfilling its tasks as …
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PRELIMINARY RELIEF PROCEEDINGS IN THE DUTCH CARIBBEAN
A.K.A. Summary Proceedings or Interlocutory Proceedings
The procedure for provisional measures in summary proceedings (kort geding), or preliminary relief proceedings or interlocutory proceedings, is to request an interim injunction before the court. Such proceedings, under the laws of Aruba, Bonaire, Curaçao, St. Maarten, St. Eustatius and Saba, are aimed at obtaining temporary instructions from the court, not at receiving a final decision in the case.
Provisional remedies may be permitted in preliminary relief proceedings in civil cases if the claim meets the following three conditions: (i) there is an urgent interest at stake; (ii) the interests of both parties needs …
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RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS
Recognition is usually not a problem
In the absence of an applicable treaty between foreign countries and the Dutch Caribbean, a judgment rendered by an international court from a country without a treaty will not be enforced by the courts of any Dutch Caribbean countries. In order to obtain a judgment which is enforceable in the Dutch Caribbean, the claim must be re-litigated before the court being sought to enforce the judgment.
Nevertheless, a judgment rendered by an international court without a treaty will, under current practice, be recognized by a Dutch Caribbean court:
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CHAMBERS GLOBAL 2019 LEGAL RANKINGS RELEASED
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Karel Frielink ranked Band 1 for the 10th time
Once again, I have been selected as a ranked lawyer in Chambers Global 2019 identifying me as one of the best lawyers in the Dutch Caribbean.
The Chambers Guides have been ranking the best law firms and lawyers since 1990, and now covers over 190 jurisdictions throughout the world. Chambers ranks lawyers and law firms on several factors and considerations, all of …
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CORPORATE CRIMINAL LIABILITY
Acts can be committed both by natural persons and by legal entities
Under Dutch Caribbean criminal law, criminal acts can be committed both by natural persons and by legal entities, for instance, limited liability companies and foundations, and can take part in the crime in a variety of roles incurring liability, including, perpetrators, co-perpetrators or accomplices. As far as legal entities are concerned, criminal liability may arise for: (i) employees of a legal entity, (ii) the legal entity itself, and (iii) those directors or managers of the legal entity of whom it can be proven that they have directed or …
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25th ANNIVERSARY INTEREXPO CARIBBEAN
Back to the future: prep talk instead of pep talk! Sustainability requires a long-term vision for doing business in the Dutch Caribbean
Address by Karel Frielink – Attorney / Managing Partner of BZSE Attorneys at Law, Curaçao
The Hague, 29 November 2017 / 14.30 – 15.00h
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Ladies and Gentlemen,
It is an honor to address you all on the celebration of the twenty-fifth anniversary of InterExpo organizing business conferences and trade missions. Peter Oerlemans, the unstoppable force behind this organization, did an excellent job, and his dedication will leave a lasting legacy.
I would like to take a moment …
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BRAND NEW TEXTBOOK ON DUTCH CARIBBEAN CORPORATE LAW
Leading legal textbook on Dutch Caribbean corporate law
Development of Dutch Caribbean corporate law has been rapid and voluminous. This fact justifies a whole new textbook on the subject. In August 2017, my new textbook on Dutch Caribbean corporate law was published: Kort begrip van het Nederlands Caribisch Rechtspersonenrecht (A concise understanding of Dutch Caribbean corporate law; 1st edition 2017). This new textbook on corporate law is aimed at both professionals (judges, lawyers, attorneys, civil law notaries, in-house counsel etc.) and students. Unfortunately, this new book is in Dutch only.
I have (co-)authored over a hundred sixty …
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BRIBERY
A criminal act
With regard to anti-corruption the Criminal Codes of Aruba, Curaçao, St. Maarten and the BES-islands include criminal acts such as fraud, bribery and abuse of authorities. The bribery offence closely resembles the bribery provisions under the Dutch Criminal Code. The Codes also stipulate regulations on criminal acts committed by judges, ministers, members of Parliament and civil servants. Amendments were introduced to the Criminal Code specifically to implement the Anti-Bribery Convention. The bribery offences in the Criminal Codes mirror very closely those in the Dutch Criminal Code.
The relevant anti-bribery provisions are integrated in the Dutch Caribbean Criminal …
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