Falkena Legal has advised Mijwo Beheer on the sale of Vika to Givaudan. Givaudan has more than 10,000 employees and is the global leader in the creation of flavours and fragrances. Givaudan achieved sales of CHF 4.7 billion in 2016.…

Prior to their appointment, policymakers of, for instance, advisers, intermediaries, authorised agents and credit providers must be assessed by the AFM. The policy maker may only be appointed after the AFM has given its approval. Therefore, changes should be notified…

Recent ruling by the court of Bonaire in favour of a client of Falkena c.s. A win on all points. Good news for our client and good for the statistics of Falkena c.s.: still 100% of all court rulings in…

We are pleased to announce that Falkena c.s. has won the International Advisory Experts Banking & Finance Law award for Curacao 2016. International Advisory Experts is a global alliance of well-established and experienced legal, financial and consulting firms that are…

Recently, the Dutch Central Bank (De Nederlandsche Bank, DNB) published new guidance in relation to the Anti-Money Laundering and Counter-Terrorist Financing Act and the Sanctions Act, directed to the following types of institutions: banks, life insurers, payment services providers and agents,…

There seems to be unclarity at banks how to deal with back-to-back loans. Back-to-back loans are loans where the consumer (borrower) pledges the amount to be borrowed to the lender. When granting back-to-back loans to consumers, the following have to be…

The AFM often does not receive notification from companies about changes in the composition of their executive boards, shareholders or supervisory boards. Appointment of policy-makers, changes in their reliability, resignation of an executive director or supervisory director and the sale of shares…

As in the Netherlands, in the BES there is also a prohibition on tie-in sales (section 5:16 of the Financial Markets BES Islands Act). In brief, it states that when concluding a credit agreement the provider of credit is not…

Every year, the Ministry of Finance changes the standard amounts to be used when assessing creditworthiness on the Caribbean Netherlands islands. The changes are made in accordance with Section 2:5 of the Financial Markets BES Islands Regulation. The changes will…