SABBATICAL STARTED 1 OCTOBER 2014
Three months to reflect
My sabbatical started on the 1st of October 2014. I will start a new law firm in Curaçao on the 1st of January 2015. Check my blog for an update in December 2014.
In the meantime, if you want to contact me, please do so via kfrielink@bzselaw.com.
Karel Frielink
(1 October 2014)
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FIRST SET OF SINT MAARTEN LAWS TRANSLATED INTO ENGLISH
Available online
37 organic laws of St. Maarten stemming from the Constitution, the explanatory memorandum to the Constitution and a glossary have been translated into British English. All translated legislations are now available on the government’s website along with the Dutch version.
The English translations are not binding in court. The original (Dutch) version of the laws will be used and referred to in court cases as Dutch is the official language used by the court. British English was used for the translations as it is the same as used by the Council of Ministers.
Prime Minister Sarah …
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LAWYERS AND BILLABLE HOURS
What is wrong with this exactly?
You read everywhere that law firms (lawyers, advocates, attorneys) have to change. Lawyers are too conservative. They hold on to the past and are anything but innovative. As the economic climate deteriorates the call for change becomes increasingly stronger.
The system of “hourly rate billing” in particular has to take the rap. Lawyers are reproached for billing hours with a fork, not working efficiently and being too expensive. The system apparently has the wrong incentives, partly because it is difficult to check the actual number of hours spent efficiently.
Anyone who becomes aware of …
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CHALLENGING THE VALIDITY OF A CONTRACT
Based on error, fraud or undue influence
The validity of a contract can be challenged on various grounds, including error, fraud or undue influence. In the case to be discussed here a contract was entered into by an intermediary. Appellants in cassation (Van Eendenberg) were owners of the parcels on which a preferential right was established pursuant to the (Dutch) Municipalities (Preferential Rights) Act. In view of the sale of those parcels, in so far as municipalities should need them for house construction, they have entered into a brokerage agreement with Agromak BV.
Its director then acted as an intermediary …
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CREDIT INSTITUTIONS IN THE BES ISLANDS
Strictly regulated
With effect from 1 July 2012, the Financial Markets (BES Islands) Act [Wet financiële markten BES; “Wfm BES”] came into force, with the associated subordinate regulations. The Wfm BES applies to financial institutions in the BES islands (Bonaire, St. Eustatius and Saba). There are several categories of financial institutions, including credit institutions (banks).
A “credit institution” (kredietinstelling) is a party engaged in the business of obtaining callable funds (opvorderbare gelden) from outside a restricted circle (besloten kring) and from parties other than professional market parties (professionele marktpartijen) and of the extension of loans (kredietuitzettingen) at such party’s (own) …
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SEIZING ASSETS IN THE DUTCH CARIBBEAN
Court approval required, but freezing assets is rather easy
Under the laws of Aruba, Bonaire, Curaçao, St. Maarten, St. Eustatius and Saba any party with a prima facie claim may file a petition for a court order granting an attachment, which petitions are generally granted, solely based on the allegations in the petition. Seizing assets of a another party may already be possible at a time when the claim (e.g. under an agreement or a guarantee) is not yet due, but where there is good reason to believe that, when it will become due, the other party will not honor …
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TAKING OVER CONTROL OF A CURACAO COMPANY THROUGH A FOREIGN COURT DECISION
The powers of a foreign appointee will not be recognized
According to Curacao private international law, the appointment and dismissal of board members of a company as well as decisions limiting their powers is governed by the laws of the jurisdiction under which the company is incorporated. Accordingly, the appointment and dismissal of a board member of a Curacao limited liability company (NV or BV) as well as any limitation in respect of his powers must take place in accordance with Curacao law.
In the event a Curacao company has a foreign branch, e.g. in the United States, such company …
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TYPES OF LIABILITY IN CURACAO
A three-part distinction
With regard to liability a three-part distinction can be made. The first distinction relates to the basis of the liability: liability pursuant to a contractual relationship (the attributable failure in this respect) and liability pursuant to a wrongful act.
Another distinction relates to the personal liability (thus for the party’s own actions or omissions) and vicarious and/or strict liability: liability for or the acts and omissions of others (vicarious liability) or liability for certain things that happen (strict liability).
For example, employers can be held vicariously liable for certain actions of their employees. According to the Curacao …
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