Curaçao legal opinions

If you require a Curaçao legal opinion, please contact mr. B. (Bauke) Falkena. Falkena frequently issues foreign legal opinions in cross-border commercial and financial transactions, certifying the efficacy of a transaction under applicable Curaçao law. The substantive opinion statements such legal opinion will usually include:

  • that the relevant obligations be recognised as constituting valid and binding obligations of the Curaçao party;
  • which person or organ has power on behalf of the Curaçao entity to enter into the transaction;
  • the proper method of execution of documents by the Curaçao party;
  • that the transaction does not breach the constitutional documents of the Curaçao entity, or the laws of Curaçao (and, sometimes, any agreements which are binding upon the Curaçao entity and its assets);
  • that no approvals or licences are required in Curaçao in relation to the transaction;
  • that the transaction documents are not subject to stamp duty or registration requirements in Curaçao;
  • that the Curaçao entity does not have sovereign immunity under the laws of Curaçao;
  • that there are no exchange control regulations in Curaçao which would affect the transaction;
  • that the Curaçao entity is in good standing, and is not subject to winding-up or dissolution;
  • to what extent judgments or arbitral awards from another country would be recognised and enforced in Curaçao (without re-examination of the merits);
  • the efficacy of choice of law clauses and jurisdiction clauses in Curaçao;
  • whether any terms of the transaction contravene public policy in Curaçao; and
  • whether any of the other parties to the transaction (other than the Curaçao entity) would be treated as carrying on business or subject to tax in Curaçao by entering into the transaction.

Please contact mr. Falkena at