THE ARTICLES OF ASSOCIATION OF A DUTCH CARIBBEAN LEGAL ENTITY (II)

Limitations on the applicability of provisions

As a general matter of Netherlands Antilles law, the interpretation of terms contained in legal documents, such as the articles of association and the by-laws, however only to a certain extent, inter alia subject to the intention of the parties, and the enforcement thereof, is subject to the overriding principle of “fairness and reasonableness” (in Dutch: “redelijkheid en billijkheid”) meaning that under certain circumstances a term of the articles of association or by-laws may not be applicable in so far as this term would in such circumstances be contrary to this principle.

Agreement on distribution of tasks and social security

Tuesday 3 November State Secretary Ank Bijleveld-Schouten of Kingdom Affairs, deputees Julian Woodley of Sint Eustatius and Chris Johnson of Saba have signed the distribution of tasks between the Netherlands and the islands after 10-10-10.

Council of Ministers agreed on amendment of Charter

The National Council of Ministers has agreed to the proposal of Minister Hirsch Ballin of Justice and State Secretary Bijleveld of Internal and Kingdom Affairs on the amendment of the Charter for the Kingdom. This amendment regulates the new status of the five islands of the Netherlands Antilles within the Kingdom.

Amsterdam Court of Appeal on liability of trust directors

Trust directors not treated differently from regular directors

The board of directors of an NV or BV may contractually agree to a limitation of its powers to manage the company. Such arrangements are typical for trust offices engaged by a foreign ultimate beneficiary to render services to ‘his’ company, i.e. the client of a trust office.

Judge orders immediate reopening Club

PHILIPSBURG--“I order that the Seaman’s Club may be opened immediately for its clients during the period that the business licence for its new location is not being issued.”
This was the temporary provision which Civil Judge René van Veen handed down at the end of a civil summary proceeding in Philipsburg Courthouse Friday.

Procesvertegenwoordiging in de overzeese praktijk

geschreven door Cindy de la Fuente
donderdag, 29 oktober

In de Nederlandse Antillen en Aruba bestaat geen verplichte procesvertegenwoordiging. Niet in eerste aanleg en ook niet in hoger beroep. Het is dus altijd de vraag door wie partijen vertegenwoordigd zullen worden in een gerechtelijke procedure.