News

Pursuant to the Curaçao Corporate Code the Enterprise Chamber of the Joint Court of Justice may, at the request of an interested party such as a shareholder, order an inquiry (investigation proceedings) into the policy and affairs of a corporation. Such an...Read More

Whether a bank may validly close an account of a client, even on the basis of a contractually agreed termination provision, is often not straightforward and depends on the type of client (a consumer or a company), the availability of alternatives for...Read More

In the Dutch Caribbean, bank guarantees are common financing arrangements and are used to obtain security for the underlying legal relationship. The parties to a bank guarantee are the principal, the beneficiary, and the bank. A particular type of bank guarantee is...Read More

A decision annulled by the administrative court is, according to established case law, unlawful from the moment it is taken. This is no different in a case where the permit has already been granted by operation of law after the expiry of...Read More

Non-compliance with continually growing data protection requirements, cyber-attacks, and security (hacking) incidents can paralyze an organization, resulting in significant financial losses, regulatory fines, and reputational damage. This is demonstrated by numerous examples, as highlighted in the news (e.g. Facebook, Yahoo, eBay, Equifax)....Read More

In a recent Aruban case before the Supreme Court the central question was whether an accountancy firm (a “Big Four” firm) had acted unlawfully when conducting an investigation into the conduct of the then general director of an Aruban foundation. The former...Read More