Areas of Expertise

COMMERCIAL CONTRACTS

Absolute Attorneys is involved with virtually all aspects of business relations and deals with negotiation, drafting and advising on a wide variety of (international) contracts and general terms and conditions. Absolute Attorneys also advices on problems during the performance on contracts.

Permanent and transparent relationships with third parties are reflected in clear-cut contracts. Absolute Attorneys has all experience required to advise businesses on and assist them with all legal aspects of commercial contracts.

Our areas of expertise include the following agreements: Advertisement Agency Confidentiality Consignment Construction Consultancy Distribution Employment Franchise General terms and conditions Guarantee Indemnity Lease Letter of intent Loan Management Non-competition Non-disclosure Partnership Purchase Reseller Sale Services Settlement Share transfer Sponsor Supply Termination Use White label

CORPORATE

Corporate law is a very broad concept. Absolute Attorneys focuses specifically on businesses and entrepreneurial practices. Absolute Attorneys provides services to medium-sized and large (national and international) companies, but also to sole proprietorships and start-ups. Absolute Attorneys has the expertise and skills to satisfy the high level of requirements that corporate advice demands.

Corporate law covers various issues. For example, the establishment of a legal entity, disputes between shareholders or partners, directors’ liability, sequestration, or the recovery of outstanding receivables. Whether you require advice or assistance in legal proceedings, Absolute Attorneys is here for you.

Absolute Attorneys can advise and assist you in various corporate matters, such as the following: Association Attachment and execution law Board of Directors Company law Contracts Contractual and non-contractual liability Debt collection Directors liability Dismissal Finance and security interests Foundation General contract law General terms and conditions Incorporation Internal & External Liability Legal entities Legal transfers Shareholders Start-up Voting

Real Estate and Project Development

Absolute Attorneys is specialized in all possible aspects of real estate, such as the development, sale, purchase and lease of real estate.

We acts on behalf of a range of clients, including property developers, contractors, asset managers, estate agents, investors, owners, landlords and lessees and provides each of them with customized services rather than lengthy advice.

We can advise and assist you in various matters, including the following:

Apartments ▪ Attachment and execution law ▪ Construction ▪ Contracts ▪ Defects ▪ Eviction ▪ General terms and conditions ▪ Homeowners associations ▪ Independent contractors ▪ Lease ▪ Long lease ▪ Maintenance and repairs ▪ Pledges and mortgages ▪ Prescription ▪ Project development ▪ Purchase ▪ Renovation ▪ Rent ▪ Sale ▪ Superficies

Compliance

Absolute Attorneys advises clients in the fields of governance and compliance, which includes (supervisory) boards on corporate governance issues such as the functioning of internal supervision and decision making, as well as companies that are faced with external market supervision, such as trust service providers. In addition, Absolute Attorneys is experienced in setting up and carrying out compliance programs.

Sound corporate governance and compliance policies are key concerns in the internal organization of companies. Advising managing directors, supervisory directors and shareholders, Absolute Attorneys has extensive experience with corporate governance and compliance across a broad spectrum of areas.

Areas of expertise include:

Anti-Money Laundering & Terrorist Financing ▪ Asset management ▪ Credit institutions ▪ Decision making ▪ Disputes ▪ Distribution of authorities ▪ Due Diligence ▪ Institutional investors ▪ Insurance brokers ▪ Internal and external accountability ▪ Internal organization ▪ KYC ▪ Laws, regulations and codes ▪ Licenses & Permits ▪ Liability issues ▪ Risk assessment ▪ Risk management ▪ Supervision ▪ Trust services

Competition

Rules on competition (or anti-trust) prevent competition between undertakings from being distorted or restricted by arrangements between businesses or abuse by strong undertakings of their dominant positions. Under certain circumstances, rules on competition also apply to non-profit organizations and governments. Absolute Attorneys has in-depth knowledge of these (upcoming) laws and regulations.

A viable and innovative economy needs competition. A market determined by unrestricted competition offers opportunities. The rules on competition also provides for challenges since undertakings and their principals are responsible for compliance with these rules as well.

Competition law is a highly specialized area of law. Absolute Attorneys advises and supports businesses across the spectrum of competition law and acts as your strategic sparring partner. Absolute Attorneys developed a ‘Competition Scan’, amongst others indicating an organization’s position within the relevant market.

We advice and assistance includes the following competition related matters:

Abuse ▪ Administrative procedures ▪ Anti-trust ▪ Cartel agreements ▪ Cartel allegations ▪ Civil proceedings ▪ Competition ▪ Compliance ▪ Concentrations ▪ Consumer and Market Authority ▪ Contracts ▪ Damages ▪ Dominant position ▪ Exemptions ▪ Fair Trade Authority ▪ Infringements ▪ Relevant market ▪ Scan ▪ State aid ▪ Supervision and enforcement ▪ Undertakings

Labor Law

We assists employers, statutory directors and employees regarding all kinds of employment subjects, from “everyday” labor law disputes to specific specialist issues. Among other things, we assist in drafting employment agreements, employee handbooks and legally managing employments risks. We also litigates and files employment law proceedings if necessary, for instance in case of termination of the employment agreement.

We always strives for quick and practical solutions, where the interests of our clients are paramount. We are experienced and committed to provide our clients with high-quality and constructive customized advice, taking the very latest developments in applicable employment law into account.

We advise and litigate on a range of subjects in this field, such as:

Absenteeism ▪ Collective dismissal ▪ Confidentiality agreements ▪ Dismissal procedures ▪ Employment agreements ▪ Foreign employees ▪ Freelance agreements ▪ Illness ▪ Management agreements ▪ Non-competition ▪ Relationship-clauses ▪ Pension schemes ▪ Privacy ▪ Probationary period ▪ Reorganization ▪ Secondment ▪ Severance ▪ Termination agreements ▪ Working conditions

Dispute Resolution

Absolute Attorneys has extensive experience in dispute resolution and is appreciated by clients for its approach and results. We deals with any type of disputes, including corporate and commercial disputes. We helps your business resolve disputes in the most effective way, at the lowest possible cost. If legal proceedings are unavoidable, we will defend your interests in court.

We assists with virtually all types of disputes, both judicial and extrajudicial. Examples are:

Anti-trust ▪ Breach of contract ▪ Competition ▪ Compliance ▪ Construction disputes ▪ Consumer disputes ▪ Contractual disputes ▪ Corporate governance ▪ Default ▪ Financial disputes▪ Lease disputes ▪ Liability ▪ Neighbor disputes ▪ Non-conformity ▪ Non-performance ▪ Shareholders’ disputes ▪ Termination of negotiations ▪ Tort

Financial Law

Financial law is a broad area of law and has many similarities with corporate law. Financial law is constantly changing and has become more extensive and complex in recent years. It requires professional experts. Absolute Attorneys has years of experience in financial matters and is always up-to-date and aware of the latest developments in this area.

Absolute Attorneys advises clients about various financial products and services, and it advises and litigates in disputes between banks, insurers, intermediaries, investment advisors, pension advisors, asset managers, entrepreneurs and consumers. In addition, Absolute Attorneys gives tailor made presentations to management, supervisory directors and specific employees.

We provides advice and assistance:

Asset management ▪ Banking ▪ Compliance ▪ Derivates and usurious interest ▪ Due Diligence ▪ Duty of care ▪ Finance ▪ Finance and security interests ▪ Financial Markets Authority ▪ Foreclosure auctions ▪ Investments ▪ KYC ▪ Loans ▪ Liability ▪ License applications ▪ Litigation ▪ Money Laundering & Terrorist Financing ▪ Mortgages ▪ Pledges ▪ Prospectus ▪ Supervision

Tax

Absolute Attorneys provides a wide range of tax services across all tax disciplines, mainly in Curacao, St. Maarten, the BES-Islands, and the Netherlands. Absolute Attorneys assists domestic and international corporate clients, private equity houses, hedge funds, family offices, estate planners, trusts and individuals with various services. For example, setting up tax efficient structures, fiscal advice, expatriates, tax compliance services, tax assessments, tax returns, and other related tax services. If unavoidable or required, Absolute Attorneys will defend your tax interests in court.

Tax law is complex and constantly changing and requires professionals. Our experts are always up to date and aware of the latest developments in this area. Our services include:

Corporate income tax returns ▪ Corporate taxes ▪ CRS compliance ▪ Direct taxes ▪ Dividend withholding tax ▪ Expatriates ▪ FATCA compliance ▪ Fiscal advice ▪ Indirect taxes ▪ ICP reports ▪ International tax ▪ Litigation ▪ Mergers and acquisitions ▪ Objections ▪ Personal income tax returns ▪ Reorganizations ▪ Setting up structures ▪ Tax compliance services ▪ Tax treaties