Legal Blog

Wednesday, June 30, 2010

Tax Information Exchange Agreements (TIEA) and the Netherlands Antilles

In today’s world the ‘exchange of information’ is considered an important topic worldwide, appearing in many different areas, in local and international political discussions, international agreements including the process of implementation of these agreements, and in amendments of local laws and existing treaties. (Mainly as a follow-up to the recommendations and designated directions of the OECD).

Read more Filed under: Tax by Anne Marije Veenland. (0) Comments


Tuesday, June 22, 2010

Premature Termination of a Fixed Term Employment Contract : Take Care!

If parties have agreed upon a fixed term employment contract and the employee wishes to resign before the term of the contract has expired, may the employee terminate his employment contract prematurely? Article 7A: 1615e, paragraph 3 Civil Code stipulates that an employment contract for a fixed term may only be terminated if this right to premature termination for both parties is agreed in writing. In other words the right to premature termination must be agreed in writing and must be applicable to both parties. 

Read more Filed under: CorporateDispute Resolution by William ten Veen. (0) Comments


Tuesday, June 15, 2010

Labor Law, more complex than you think!

Experience teaches us that it is often difficult for employers to deal with the often complex labor law legislation of the Netherlands Antilles in a practical manner. The legislation is not combined in one law or ordinance, but to complicate matters, it is spread out over the Civil Code (Book 7a), several ordinances like the ‘Termination of Employee Agreements Ordinance’, the ‘Cessantia Ordinance’, the ‘Collective Employment Agreements Ordinance’, and various resolutions and treaties like the ‘Hotel & Catering Industry Resolution’, the ‘Hotel, Restaurant and Casino Resolution’, and the ‘International Treaty of Human and Political Rights’.

Read more Filed under: CorporateDispute Resolution by William ten Veen. (0) Comments


Friday, June 11, 2010

The Netherlands Antilles Private Foundation in international privacy and asset protection structures

Article published in Trusts & Trustees (Oxford Journals)

Trusts & Trustees is the leading international journal on trust law and practice. The most significant source of information in its field, the journal is essential for all trusts practitioners and lawyers. Maike Bergervoet and Jeroen Starreveld of Spigthoff Attorneys & Tax Advisers have written an article on the Netherlands Antilles Private Foundation (a.k.a. SPF), which is published in Trust & Trustees (2010, Volume 16, Number 6, Pp. 496-502).

Read more Filed under: FinanceTax by Maike Bergervoet. (0) Comments


Tuesday, June 08, 2010

The Managing Director under the Articles of Incorporation

The Managing Director (‘bestuurder’) under the articles of incorporation is a somewhat unique figure in the labor law of the Netherlands Antilles due to the fact that he enjoys considerably less protection from a labor law perspective than a regular employee. In other words an employer can more easily dismiss a managing director than an employee. An employer does not, for example, require prior approval from the Directorate of Labor Affairs to terminate the employment contract of a managing director. It goes without saying, that the agreed period of notice between the parties must be respected.

Read more Filed under: CorporateDispute Resolution by William ten Veen. (0) Comments


Friday, June 04, 2010

“See you in Court”?

Arbitration as an alternative for settling disputes in Curacao

Parties with a legal dispute can turn to the public court system to settle the dispute; however, instead of bringing a lawsuit in a public court, they can also opt for arbitration. Arbitration is a form of private dispute settlement in which the parties instruct one or more persons (arbitrators) to render a binding decision on their dispute. The arbitrators may be jurists, but they can also be laypersons. People with specific expertise or experience in a certain branch or industry are often chosen as arbitrator.

Read more Filed under: Dispute Resolution by Annemarijke Bach Kolling. (0) Comments