Published On: Tue, Nov 24th, 2015

VanEps Kunneman VanDoorne and The Galan Group reflect on ten years of Civil Code book 2 in Curaçao during Day of Supervisory Board

Van Eps KunnemanWILLEMSTAD - The Day of the Supervisory Board has become a tradition in Curaçao. On Thursday 26 November 2015,  VanEps Kunneman VanDoorne and The Galan Group organize another edition in the auditorium of the Central Bank of Curaçao and St. Maarten. During the first part of the day, book 2 of our new Civil Code will be reviewed. Prof. mr. Peter van Schilfgaarde (see inset) will be the keynote speaker on that topic.

Peter van Schilfgaarde has written ‘our’ book 2. He can describe the development of corporate law in Curaçao and provide expert comment in this regard as no other. Besides prof. Van Schilfgaarde, prof. mr. Gerard van Solinge will also give a lecture. He will discuss the new legislation regarding the right of investigation in Curaçao. This was introduced in our book 2 in 2012. Finally, mr. Rogier van den Heuvel will lecture on the regulation of liabilities of managing directors and supervisory directors.

After the break, the focus will shift to financial supervision in Curaçao. After an introduction by prof. mr. Frank Kunneman, four experts will discuss the developments in financial supervision in Curaçao. Dr. Steven Martina will moderate a sofa discussion in which Ms. drs. Charlene Alberto (Vidanova), drs. Leo Rigaud (SFT Bank) and Mr. Ian de Silva (Maduro & Curiel’s Bank N.V.) will exchange their views on the effectiveness and the future of financial supervision. Experiences from the daily practice will be the guideline.


Few people realize how legislation is created. For instance, not many people know that prof. mr. Peter van Schilfgaarde is the author of ‘our’ book 2 of the Civil Code, in which the most important rules on corporate law and corporate governance are reflected. In January, Peter van Schilfgaarde will turn 80. On the occasion of the Day of the Supervisory Board 2015 he has been invited to share his opinion on the development of Curaçao corporate law in recent years.

Peter van Schilfgaarde has been a professor, lawyer and consultant for more than half a century and has been active in the Dutch Caribbean for over 20 years. He has acted as a lecturer at UNA (UoC) and in Aruba and St. Maarten for many years. He was one of the first to plead not to let Curaçao and the other countries of the Kingdom blindly follow Dutch corporate law. This legislation had become very complicated as a result of very detailed European regulations. He also realized in an early stage that Dutch Caribbean corporate law had to follow the flexible Anglo-American laws because of the geographic location.

Van Schilfgaarde has been an advisor to the Netherlands Antilles and later the Curaçao Standing Committee on Corporate Law for years. This Committee, first under chairmanship of prof. mr. Jaime Saleh and now under chairmanship of dr. Faroe Metry, advises the Minister of Justice on legislation. This committee has realized several legislative changes (in 2000, 2004, 2012, and 2014) resulting in identical and modern corporate legislation for Curaçao, Aruba and St. Maarten. Curaçao has benefited greatly from this. The quality of our legislation is evidenced by the fact that the Netherlands modernized its own corporate legislation in accordance with the Curaçao example. Peter van Schilfgaarde truly is the ‘éminence grise’ of Dutch corporate law. During the Day of the Supervisory Board he will also be put in the spotlight in Curaçao. We owe him our modern corporate law.

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