Karel's Legal Blog
Karel is a partner at Spigthoff Attorneys at Law & Tax Advisers. His specialities are a.o. corporate law, banking & securities law and e-commerce. His blog offers advice for those looking for an attorney, lawyer, or tax adviser in the Netherlands, Antilles, or Aruba.
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Recent Articles
SHARIA’A COMPLIANT AIRCRAFT FINANCING IN ARUBA
Using a Curacao Trust or Private Foundation In this memorandum the possibilities for Sharia’a compliant aircraft financing by registering the aircraft in Aruba and using a Curacao Trust or Private Foundation are outlined (click here). Aruban and Curacao law make it possible to ensure that the...
CURACAO LAW FIRMS QUALITY RANKINGS 2012
Spigthoff ranked Band 1 International publisher Chambers & Partners published its global ranking of law firms Chambers Global last week. According to Chambers & Partners Dutch Caribbean law firms VanEps Kunneman VanDoorne and Spigthoff Attorneys and Tax Advisers are the leading go-to firms...
REGULATORY LEGISLATION IN CURACAO
General requirements on the business operation Regulatory legislation in Curacao does not distinguish between different kinds of products, such as for instance hedge funds, but is of a more general nature. The regulatory legislation of Curacao applicable to financial institutions is divided into...
CURACAO TRUST LEGISLATION
Entered into force on 1 January 2012 On January 1st 2012, new legalization entered into force pursuant to which it is now possible to set up a trust, similar to the trust in Anglo-Saxon common law jurisdictions, in Curacao. This trust is a legal exception to the paritas creditorum rule as we know...
PARALLEL DEBT IN CURACAO
New legislation It has become market practice in Curacao, and also in the Netherlands, to create a separate (parallel) obligation, owed by the borrower (or guarantor) to the security agent in its own name, on the terms and in an amount equal to the original (principal) obligations owing by the...
ON THE GERMAN – DUTCH CARIBBEAN RELATIONSHIP
Interesting editorial in The Daily Herald (St. Maarten) Economic powerhouse “The visit of German ambassador Heinz-Peter Behr last week should serve as an eye-opener on the largely untapped possibilities that European market offers. Up to now much of the attention regarding the “Old...
INQUIRY PROCEDURE INTRODUCED IN CURACAO
The Joint Court is the forum of choice for corporate disputes As per January 1, 2012 the amended Corporate Code (Book 2 Civil Code) of Curacao entered into force. The new legislation introduces a so-called inquiry procedure for, amongst others, limited liability companies. The inquiry procedure...
WILL 2012 BE A BETTER YEAR?
It depends on us! What do you and I have in common? That we probably, just like all other people on earth, are descended from a people that lived in Africa in a far past. Thus considered we are all brothers and sisters. One big family, one big community, but not as closely and not as [...]It...
FINAL POSTING OF 2011
What a year! This will be my final posting for 2011. 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 Arabic Spring and the economic turmoil. The year 2012 is about to begin and it won’t be an easy year. Many [...]What a...
CORPORATE GOVERNANCE AND BAD HABITS
Letter to the editor of The Daily Herald Dear Editor, According to Leroy de Weever (DP), he doesn’t need a Corporate Governance Council to come tell him how to do his job. He wants to disband the Corporate Governance Council as soon as possible. Corporate governance rules were designed to...
