THE CREDIT CRUNCH, THE ECONOMIC RECESSION AND MAJOR FRAUDS SCHEMES

Lawyers are having a heyday

Many countries, companies and private individuals are suffering severely from the credit crunch, the economic recession and the various fraud schemes (Madoff, Stanford, Enron, etc.). However, what causes misery to some represents opportunity to others, in this case, the lawyers.

The financial meltdown, for instance, has resulted in governments interfering in financial institutions, people being sacked, and litigation. Securities fraud results in litigation. It seems like a lawyers’ paradise, however let’s not forget that many lawyers are feeling the impact of the crisis as severely as everyone else.

It is however fair to say that …
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17
Mar 2009
CATEGORY

Legal

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PLC CROSS BORDER LAW FIRM RECOMMENDATIONS

Netherlands Antilles

According to PLC Cross Border (Which lawyer?), Spigthoff Attorneys & Tax Advisers is one of two firms dominating the Netherlands Antilles market for international work, both on- and offshore.

Spigthoff ranks high in corporate / M&A and dispute resolution.

Martijn Welten, who specialises in corporate law, mergers & aquisitions and corporate litigation, is (highly) recommended in the areas of dispute resolution and corporate/M&A. 

Karel Frielink comes recommended in the area of high net-worth private clients. Karel is highly recommended in the areas of …
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16
Mar 2009
CATEGORY

Legal

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RIGHT OF SET-OFF UNDER DUTCH CARIBBEAN LAW

One of the most modern regimes in the world

The legal concept of set-off may be defined as setting cross-claims off against each other to produce a single balance. For instance, if A were to have a claim against B for a sum of money, and B would have a cross-claim against A for a sum of money, then B is entitled to be absolved from payment of A’s claim to the extent of his cross-claim and is also entitled to use his cross-claim in pleadings as a defense in an action by A to enforce his claim.

Set-off functions …
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10
Mar 2009
CATEGORY

Legal

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FINAL POSTING OF 2008

 

This will be my final posting for 2008. What a year. It feels as if the whole world has changed more rapidly than ever before and not only as a result of the economic turmoil. The year 2009 is about to begin and it won’t be an easy year. Many will suffer from the crisis. There still will be tensions between countries and populations. There still will be war. However new faces and new voices in the political arena may change things for the better. Let’s hope so.

Thanks to the ‘credit crunch’ we, as attorneys, are faced with …
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31
Dec 2008
CATEGORY

Legal

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CAN A FOREIGN COMPANY BUY SHARES IN A DUTCH CARIBBEAN COMPANY?

Generally speaking: yes

Under Netherlands Antilles law, no specific requirements exist regarding the purchase of shares in a Netherlands Antilles offshore company by a foreign company. The Netherlands Antilles do not have any anti-trust regulations.

In the Netherlands Antilles there are no statutory requirements preventing the sale of one or all the shares issued and outstanding or any requirements in the form of governmental license or registration. Certain restrictions apply however, if the target company is a bank or insurance company.

According to Netherlands Antillean corporate law shares are transferable, in principle. However, there is one exception. The articles of …
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02
Dec 2008
CATEGORY

Corporate

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DUTCH CARIBBEAN COURT DECISION IN TELECOM CASE

Scarlet about to enter telecom market in Sint Maarten

On 18 November 2008, the Administrative Court in Sint Maarten ruled that the Executive Council of Sint Maarten was not authorized to refuse Scarlet a business license for the provision and operation of international telecommunications services in Sint Maarten (click here for the judgment).

Scarlet, represented by Dr. Douwe Boersema of the law firm Spigthoff in Curaçao, appealed through the courts against the decision of the authorities in Sint Maarten to deny it such a license based on a moratorium on new telecom companies. The moratorium …
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26
Nov 2008
CATEGORY

Legal

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SERVICE OF PROCESS IN THE DUTCH CARIBBEAN

This is done by a bailiff

What is the procedure for the service of foreign proceedings under Netherlands Antilles procedural law for a company having its registered address in, for instance Curaçao?

Under Netherlands Antilles procedural law, the service of proceedings on a Netherlands Antilles legal person will be done by means of a bailiff’s notification. This notification shall be served (i) on the person or residence of the president of the management board of the company or (ii) on the business and/or registered address of the company.

Netherlands Antilles procedural law does not provide for the possibility to serve …
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11
Nov 2008
CATEGORY

Legal

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PLEDGING FUTURE RECEIVABLES IN THE DUTCH CARIBBEAN

Bankruptcy pledgor will prevent valid pledge

Under the laws of the Netherlands Antilles, a right of pledge may be established on future receivables, however, the right of pledge on a future receivable will only be perfected the moment such a receivable comes into existence, provided that, at such a time, the pledgor is authorized to dispose over or encumber such receivables (‘beschikkingsbevoegd’).

Therefore, if a pledgor has been granted a suspension of payments (‘surséance van betaling verleend’) or has been declared bankrupt (‘failliet verklaard’) in the Netherlands Antilles, before a future receivable, directly resulting from an existing legal relationship, comes …
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25
Oct 2008
CATEGORY

Legal

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STATUTORY MERGERS UNDER THE LAWS OF THE DUTCH CARIBBEAN

Mergers mostly within a group of companies

A statutory merger involves at least two legal entities. The law uses the terms acquiring and disappearing legal entity. The law specifies that only legal entities having the same legal form may merge, specifying that a BV (closed limited liability company) and a NV (public limited liability company) are considered to be the same. Statutory mergers are used mostly within a group of companies.

Essential for a statutory merger is that the title of all assets and liabilities of one legal entity transfer in their entirety to another legal entity. An actual transfer …
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21
Jun 2008
CATEGORY

Corporate

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TODAY IS JERRY HOFF’S BIRTHDAY

Jerry is a confident terrier

According to Chambers and Partners, the Amsterdam based attorney Jerry Hoff is one of the key litigation partners at Spigthoff Attorneys & Tax Advisers, and is described by clients as “a bright and sharp operator“.

Jerry studied corporate law at the University of Leiden. Started as an in house lawyer with the ABN AMRO bank. Since 1990 worked as an attorney with Loeff Claeys Verbeke and later as a partner with Loyens & Loeff. A three year posting in Singapore and Indonesia. Worked as consultant to the IMF and the World Bank and was closely …
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20
Feb 2006
CATEGORY

Legal

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