Security interests across borders in Sint Maarten

Jan 30, 2019
Sint Maarten is unique in the sense that two countries share a relatively small island, with an open border. Because of this almost every inhabitant regularly enters the French side. There is, however, an invisible legal reality that governs these border crossings.
—Undefined.
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The Dump

Jan 21, 2019
Typically, we do not use our weblog for pending court cases. However, in this specific matter regarding the Dump, we have decided to make an exception. First of all, in this court case, BZSE, as well as one of its partners, Camiel Koster, are plaintiffs...
—Camiel Koster.
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Enforcement Duty of Government

Oct 05, 2018
The government has not only a task as legislator, but also has executive powers and authority.
—Roeland Zwanniken.
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Separate waste collection may become part of dump roadmap

Oct 05, 2018
PHILIPSBURG--Voluntary separate collection of waste and the creation of awareness through education about recycling may become part of the roadmap for the prevention of fires and the emanation of smoke, gases and foul smell at the sanitary landfill on Pond Island.
—Newspaper.
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Court wants roadmap to end dump fires, smoke

Oct 05, 2018
PHILIPSBURG--A roadmap for the prevention of fires and the emanation of smoke, gases and foul smell at the sanitary landfill on Pond Island, signed by the Minister of Public Housing, Spatial Planning, Environment and Infrastructure VROMI to guarantee his commitment and those of his successors.
—Newspaper.
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Court to hear dump fire injunction September 2

Oct 05, 2018
PHILIPSBURG--One month after St. Maarten residents Barbara Cannegieter and Camiel Koster and law firm Bergman Zwanikken Snow Essed (BZSE) filed a petition for an injunction against Country St. Maarten...
—Newspaper.
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Citizens take Government to Court regarding the dump

Aug 24, 2018
On August 24, 2018, Mrs B. Cannegieter, Mr C. Koster and the law firm BZSE Attorneys at Law/Tax Lawyers filed a petition for an injunction against Country Sint Maarten and the operator of the dump.
—Camiel Koster.
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The legality of charging ‘frequency fees’ by BT&P

Jun 21, 2018
In Sint Maarten, a concession is required to operate and install telecommunication infrastructure.
—Pieter Soons.
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Dissolving and suspending conditions in agreements

Jun 07, 2018
In negotiations, each party wants to build in an “escape” into agreements for uncertain, future events. For instance, the buyer of a house wants to be able to walk away from the deal if the bank does not grant a loan.
—Camiel Koster.
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BZSE in the spotlight

Jun 02, 2018
BZSE is in the spotlight of St. Maarten Executive magazine March 2018 edition. Download the magazine now!
—Peter Marc Aarsen.
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Unilateral Changes to Employment Agreements due to an Economic Crisis

Apr 16, 2018
Unilateral Changes to Employment Agreements due to an Economic Crisis
—Berty Veen-Brom.
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Happy New Year

Dec 27, 2017
If you are going through hell, keep going.
—Jaap Maris, Rick Bergman.
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The 1% license fee

Dec 01, 2017
The 1% license fee

Banks have been charging their clients a 1% license fee on (in summary) international transactions.

—Camiel Koster, Pieter Soons.
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Is it legal to attach conditions to an offer for financial aid?

Nov 01, 2017
Is it legal to attach conditions to an offer for financial aid?

Art. 36 of the Kingdom Charter stipulates that the Netherlands, Aruba, Curacao and Sint Maarten (will) provide each other aid and assistance.

—Roeland Zwanniken.
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Do wreck removal permits have a legal basis?

Oct 31, 2017
Letter to the Editor published in the Daily Herald:

Dear Editor,
Sint Maarten is a democratic country, of which the constitution is based on the so called ‘rule of law’. But what does this mean?

—Newspaper.
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New Partners familiar faces

Jan 17, 2017
As from January 1, 2017, both Camiel Koster and Pieter Soons are partners in the BZSE partnership.
—Peter Marc Aarsen.
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Sick Employees: To Pay or Not To Pay, That's the Question

May 18, 2016
In our employment law practice, clients often ask us for how long they have to continue paying employees' salaries when they are out ill. Unfortunately, there is no straight answer, unless it is explicitly stipulated in the employment agreement or Collective Labor Agreement. Here is why.
—Camiel Koster.
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Same-sex Marriage on Sint Maarten?

Mar 01, 2016
In Sint Maarten almost anything goes, but a same-sex marriage? Caught between the United States and Europe where same-sex marriages gain recognition or are flat-out recognized and its own more conservative and traditional way of life, Sint Maarten still has not made up its mind.
—Undefined.
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Litigating Against the Government for Free?

Feb 09, 2016
On March 10, 2015, the Court of First Instance of Sint Maarten rendered an interesting judgment in a case between one of our clients against the Minister of Justice, concerning a so-called “verklaring van rechtswege” (i.e. a residence permit for Dutch and US citizens: “The Permit”).
—Camiel Koster.
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Contracting With the Government - potential pitfalls

Dec 22, 2015
“A man, a man, a word, a word” is a well-known saying in Dutch. In essence it means that men (and women) of honor keep their word and comply with their commitments even in the absence of (extensive) written agreements. However, the Government does not always act in accordance with this saying.
—Roeland Zwanniken.
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Director's Liability in Case of Bankruptcy

Dec 01, 2015
There are several reasons forming a limited liability company is more advantageous to doing business as a sole proprietorship. A limited liability company can ensure the continuity of the company and protect from personal liability.
—Undefined.
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Ms. Annet Bulder New Lawyer At BZSE Attorneys at Law

Nov 06, 2015
On Friday November 6, 2015 BZSE Attorneys at Law | Tax Lawyers employee Ms. Annet Bulder took the oath as lawyer of the Sint Maarten bar in a special ceremony at the courthouse.
—Roeland Zwanniken.
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Tax Opposition

Sep 09, 2015
The Government, the Minister of Finance always needs money. The Tax Receiver collects and has been given privileges to do so since the government does it for us all, right? So, when the Tax Receiver starts to collect, he can hardly be stopped. Fortunately the law provides a reprieve.
—Gert Bergman.
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Prescriptive Rights of Property Rights (Real Estate) as from 2000

Sep 04, 2015
What is the status of your right where it concerns property rights in Sint Maarten in 2015? The introduction of Article 106 A in January 2012 might have controversial consequences.
—Jelmer Snow.
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Couterpart Policy (Part II)

Aug 13, 2015
On January 22, 2015, we posted an opinion about the counterpart policy. Afterwards, the Minister of Public Health, Social Affairs and Labor published a Counterpart Guideline in the National Gazette on April 2, 2015.
—Camiel Koster.
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Directors’ Liability: A topic with sex appeal!

Jul 09, 2015
Yes Director’s liability has sex appeal, because the possibility to hold a managing director of a limited liability company (normally an N.V. or a B.V.) personally liable...

—Roeland Zwanniken.
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St. Maarten Rent Committee decisions deemed invalid/voidable

Jun 25, 2015
On April 13, 2015 the Court in First Instance of Sint Maarten, in its capacity of appellate court for decisions taken by the Rent Committee, passed a judgment that may very well have great implications for all decisions taken to date by compositions of the Rent Committee...
—Joeri Essed.
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Speaking of Everything: Bankruptcy

Jun 18, 2015
Taking you back in time with this Oral's interview with Roeland Zwanikken, speaking about bankruptcy this #ThrowBackThursday.
—Roeland Zwanniken.
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Speaking of Everything: Mediation

Jun 10, 2015
Watch Rik Bergman speaking with Oral Gibbes about mediation on YouTube...
—Rick Bergman.
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Departure Policy

May 28, 2015
After elections, the outgoing Government stays in place until a new Government is formed to ensure the continuity of governance. This outgoing cabinet should, based on unwritten constitutional law, only take the role as caretaker, and thus avoid any controversial decisions.
—Pieter Soons.
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New Tax legislation on its way

May 27, 2015
New tax legislation of Sint Maarten should be implemented as soon as possible, since the legislation is practically ready for submission to parliament. That is the opinion of the president of the Joint Court of Justice of Aruba, Curacao, Sint Maarten and Bonaire, Sint Eustatius and Saba.
—Gert Bergman.
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Mediation cartoon

Apr 25, 2015
Bron : The Daily Herald, Saturday April 25, 2015
—Newspaper.
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Rik Bergman now certified mediator

Apr 20, 2015
The Daily Herald- Monday April 20, 2015. CAY HILL--Rik Bergman, attorney and partner with BZSE Attorneys-at-Law, is now the country's first and only certified mediator who is going to structurally integrate mediation into his law practice on St. Maarten.
—Newspaper.
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The end of the “Temporary” employment agreement for a fixed term

Mar 19, 2015
Under Dutch (and Sint Maarten) law it is possible to offer employees a maximum of three employment contracts for a definite term. The fourth contract is, automatically and by law, considered an employment agreement for an indefinite period...
—Christian De Jong.
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Counterpart policy

Jan 22, 2015
Recently, the debate about the implementation of the “counterpart policy” has reemerged. Prime Minister Gumbs referred to it in his 2015 New Year’s speech, and MP De Weever focused on this policy in his campaign.
—Camiel Koster.
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BZSE to Curacao

Jan 05, 2015
Check out our newspaper advertisements announcing the opening of our Curacao office!

to see full advertisement please click on the arrows on the top right of the picture.

—Peter Marc Aarsen.
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BZSE wil be opening a new office in Curaçao

Dec 30, 2014
As of January 1st, 2015 BZSE will be able to serve your interests to the maximum in St. Maarten and also in Curaçao.
—Rick Bergman.
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Harbour fails to halt construction of Dock Maarten ultra-yacht pier

Dec 06, 2014
POINTE BLANCHE--St. Maarten Harbour Holding Company (SHHC) NV has failed in its efforts to put a halt to plans of Dock Maarten NV to construct a marina with a pier to accommodate ultra- and giga-yachts.
—Newspaper.
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DOCK YOU

Nov 29, 2014
TODAY Newspaper, Opinions & Comments: 11/29/14
The conflict between the Sint Maarten Harbour Holding Company and Dock Maarten can¬not come as a surprise to anybody.

—Newspaper.
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Harbor Holding takes Dock Maarten to court

Nov 29, 2014
Is the St. Maarten Harbour Holding Company a wolf in sheep’s clothing – sympathetic only on the surface? Attorney Roeland Zwanikken described the Holding this way yesterday morning during a lawsuit in summary proceedings it initiated against its neighbor, Dock Maarten NV.
—Roeland Zwanniken.
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Mediation – new area of specialization for BZSE

Nov 24, 2014
Now that Rik Bergman has completed his training at the Lime Tree Institute for Mediation in The Netherlands, BZSE is able to offer the services of a fully certified mediator to our clients. Mediation is a method of alternative dispute resolution method which has proven its reliability.
—Rick Bergman.
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Eric Jansen sworn in as an attorney

Nov 11, 2014
PHILIPSBURG - Last Friday Eric Jansen of BZSE Attorneys at Law & Tax Lawyers has been sworn in as an attorney at the Joint Court of Justice of Aruba, Curaçao, Sint Maarten and of Bonaire, Sint Eustatius and Saba.

—Newspaper.
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Overstap van de week: Karel Frielink

Nov 10, 2014
Overstap van de week is Karel Frielink. Hij treedt toe tot het team van BZSE Advocaten en Belastingadviseurs dat is gevestigd in Sint Maarten. Frielink zet een vestiging van BZSE in Curaçao op en wordt daar de managing partner. Het kantoor start op 1 januari 2015...
—Joeri Essed.
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Karel Frielink joins BZSE Attorneys at Law

Nov 10, 2014
Well-respected corporate and finance attorney Karel Frielink joins the team of BZSE and will set up and manage a BZSE Curaçao office of the firm. The Curaçao office of BZSE will open on January 1, 2015, and Frielink will serve as its managing partner.
—Roeland Zwanniken.
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Changing the people or changing the system?

Oct 03, 2014
An opinion letter addressing the question whether there is solution for the objectionable national sport of ship jumping or ‘flip-flopping’ by MP’s, once they are elected.
—Roeland Zwanniken.
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Enforcing court decisions against government

Sep 19, 2014
Sometimes enforcing a court decision against government is a frustrating experience, however, on July 4, 2014 justice was served when the court of first instance delivered an interesting judgment...
—Roeland Zwanniken.
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BZSE New Year's party 2014

May 13, 2014
On January 17, 2014 we organized our traditional New Year's party. Enjoying a yearly increasing interest of clients and branch members, this party has become the best way to start the New Year. The pictures show you the team of BZSE who hosted the party and an impression of the party itself.
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Judicial errors, who is liable?

May 13, 2014
Imagine, your business is declared bankrupt by error of the Court, while actually another company should have been declared bankrupt. Understandably, your damages will be enormous. Now what to do?
—Christian De Jong.
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BZSE launches ultra-user-friendly website!

Feb 24, 2014
BELAIR, St. Maarten, BZSE Attorneys at Law | Tax Lawyers, St. Maarten’s largest law firm, has officially launched its new ultra-user-friendly website www.bzselaw.com. The website was unveiled first for the firm’s staff and can now be seen by the public at large on the worldwide web.
—Newspaper.
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Don't Kill the Corporate Governance Council

Nov 12, 2013
If it is up to Sint Maarten Government the Corporate Governance Council will die a slow and silent death. Within soon (November 16, 2013 to be exact) the term for which the five members of the Corporate Governance Council were appointed will expire...
—Roeland Zwanniken.
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LEE: Corruption Hampers Good Governance

Jun 21, 2013
PHILIPSBURG--President of the St. Maarten Hospitality and Trade Association (SHTA) Emil Lee pressed home, on Thursday night, the dangers of corruption to good governance on St. Maarten, during his speech at the General Meeting of the SHTA...
—Roeland Zwanniken.
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Consult the electorate, take away the power from swingers

May 13, 2013
Dear Editor, Sint Maarten is about to get its 3rd government, based on the election results of less than three years ago. This does not feel right or “democratic.”...
—Joeri Essed, Roeland Zwanniken.
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Hospital tells minister to stop interfering, stop public slander

Sep 07, 2012
CAY HILL--Public Health Minister Cornelius de Weever was told on Thursday to stop interfering in the affairs of St. Maarten Medical Center...
—Newspaper.
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Going back in time: from liberalization toward protectionism again?

Mar 07, 2012
Dear Editor, From newspaper articles printed in the Today and The Daily Herald on Tuesday and last week, it follows that Minister Meyers, responsible for telecommunication matters, is unwilling to grant a landing permit for an optic fibre cable to the Rijksdienst Caribisch Nederland RCN...
—Roeland Zwanniken.
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7-Eleven loses appeal in 10-year fight with 7 Alive

Feb 24, 2012
SIMPSON BAY--It appears that 7 Alive Grocery in Simpson Bay finally may be able to say that its 10-year legal battle with mega retail chain 7-Eleven Inc. is over...
—Newspaper.
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Parliament should severely amend law on prosecution of politicians

Jan 07, 2011
Dear Editor, In The Daily Herald of December 29, 2010, Mr. Dennis Richardson reacted to the legal opinion of the Corporate Governance Committee of the Bar Association of St. Maarten (hereinafter: “The Committee”)...
—Roeland Zwanniken.
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Governor envisions country as centre of excellence in region

Jan 07, 2011
LITTLE BAY--“A centre for excellence” is how Governor Eugene Holiday envisions St. Maarten as it moves into its second year as country within the Dutch Kingdom...
—Newspaper.
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Politici staan niet boven burgers

Dec 27, 2010
Met het implementeren van artikel 123 in de Sint Maartense Staatsregeling en de daarmee verbonden ‘Landsverordening vervolging politieke gezagdragers’, wordt een ongelijke behandeling bewerkstelligd tussen politici en ‘gewone mensen’...
—Newspaper.
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Show us we did not get old Wine in new Bottles

Oct 22, 2010
Were our ministers checked for conflict of interest?
Dear Editor, In your edition of Tuesday, October 19, an article appeared with the heading “Ministers not checked on conflicts of interest.” We were informed that the Intelligence Service...

—Rick Bergman, Roeland Zwanniken.
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Plea for institutionalisation of a general auditor's office

Sep 16, 2010
To me, the upcoming elections look more like a popularity contest or idol competition than anything else. Most popular politicians (probably rightfully) assume that huge (photo shopped) billboards, a degree of excellence in “rhetoric” and “great promises or gifts” are key to winning this...
—Roeland Zwanniken.
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Judge orders immediate reopening Seaman's Club

Oct 17, 2009
The owner of the former location had decided to cancel the lease after the brothel had been operating there since 1965...
—Newspaper.
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Fight corruption by ensuring strict compliance with statutory terms

Apr 14, 2009
Recently, a lot of controversial stories have been published in local newspapers that are someway related to the performance / proper functioning of VROM / ROB...
—Newspaper.
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Raising the standards of the Bar Association

Apr 23, 2005
Education, information dissemination and ethics are just some of the issues vying to take centre stage with the second year/term board of the Bar Association of St. Maarten. Board members: Dean of the Bar Association Roeland Zwanikken, Vice Dean Rik Bergman, Treasurer Richard F. Gibson Jr. ...
—Newspaper.
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TelEm Loses appeal case, owes ECC over NAF. 6M

Nov 17, 2004
PHILIPSBURG--Court proceedings concerning a NAf. 20 million claim local telephone company TelEm said it had against East Caribbean Cellular (ECC) ended on a costly note for the plaintiff late last month...
—Newspaper.
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Twenty million TelEm claim on ECC all but evaporates in Court

Aug 30, 2003
A claim of well over NAf. 20 million local telephone company TelEm says to have on East Caribbean Cellular (ECC) was virtually declared null and void by the Joint Court of the Netherlands Antilles and Aruba, ruling in appeal on Tuesday this week. In the unlikely event that TelEm can come up with...
—Newspaper.
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The Excitement of Seeing Justice Triumph

Mar 01, 2003
St. Maarten’s youngest law office, Zwanikken & Snow, officially opened its doors on Friday with the cutting of a ribbon followed by a well-attended reception. Although Roeland Zwanikken started the office on October 1, 2002, and Jelmer Snow joined him on February 1, 2003, ...
—Newspaper.
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