SUSTAINIBILITY OF THE ARUBAN LEGAL SYSTEM

MILDRED G.M. SCHWENGLE

• Aruba’s position within the Kingdom of the Netherlands and the fundamental principles.

• The protection of your investment.

• Bilateral Agreements on the encouragement and reciprocal protection of investments between the Kingdom of the Netherlands and specific States, ratified by Aruba.

The relationship between the four members of the Kingdom is

constitutionally enshrined in the Charter for the Kingdom of the

Netherlands.

Fundamental principles are anchored in the Charter.

The JudiciaryAppointed by His Majesty the King

The Government does not have the authority to dismiss the Judiciary

The Judiciary must be impartial and independent.Supreme Court of Justice of the Netherlands is the ultimate

court of appeal (cassation)

Principle of ConcordanceStability of law and jurisprudence within the Kingdom

The Charter imposes on the members the obligation to ensure fundamental rights and liberties, legal certainty and sound

administration

Incorporate Aruba legal entity Limited Liability Company:NV

VBA a NV / VBA/ or any foreign legal entity that will be doing business in Aruba needs to apply for a business license (business license Ordinance)

A company can be appointed as a Managing Director.A specific Directors license must be requested for all Managing Directors who do not have the Dutch citizenship and are not born in Aruba (business license Ordinance)

Business license Guidelines of the Department of Economic Affairs of the Government of ArubaAll companies doing business in Aruba need to register at the Trade Registry held by the Aruba Chamber of Commerce and Industry (Trade Register Ordinance)

Central Bank Regulations apply to:transferring funds to Aruba

concluding loan agreement specific licenses / exempt needs to be requested

The Rule of Law

The Classical definition:

Age of Enlightment: separation of powers (Charles-Louis de Secondat, Baron de la Brède et de Montesquieu

Extensive definition of the World Justice Program

The rule of law is a system in which the following four universal principles are upheld:The government and its officials and agents as well as individuals and private entities are accountable under the law.

The laws are clear, publicized, stable and just, are applied evenly, and protect fundamental rights, including the security of persons and property.The process by which the laws are enacted, administered and enforced is accessible, fair and efficient.

Justice is delivered timely by competent, ethical, and independent representatives and neutrals who are of sufficient number, have adequate resources, and reflect the makeup of the communities they serve.These four universal principles which comprise the WJP's notion of the rule of law are further developed in the nine factors of the WJP Rule of Law Index.

Bilateral Agreements on the encouragement and reciprocal protection of investments between the Kingdom of the Netherlands and specific

countriesAlbanie Algerije Argentinie Armenie Bahrein Bangladesh Belarus Belize Benin Bosnie-Herzegovina Bulgarije Burkina Faso Burundi Cambodja China Costa Rica Cuba Dom. Republiek Ecuador Egypte El Salvador Estland

Ethiopie Gambia Georgie Guatemala Honduras Hong Kong Hongarije India Indonesie Ivoorkust Jamaica Jordanie Kaap Verdie Kameroen Kazachstan Kenia Koeweit Kroatie Laos Letland Libanon Litouwen

Macau Macedonie Malawi Maleisie Mali Marokko Mexico Moldavie Mongolie Montenegro Mozambique Namibie Nicaragua Nigeria Oeganda Oekraine Oezbekistan Oman Pakistan Panama Paraguay Peru

Polen Roemenie Rusland Senegal Servie Singapore Slovenie Slowakije Soedan Suriname Tadzjikistan Tanzania Thailand Tsjechie Tunesie Turkije Uruguay Vietnam Zimbabwe Zuid-Afrika Zuid-Korea

Aruba

Aruba

Brazil

Aruba

Brazil

Aruba

Brazil

Poland

The Aruban legal system is sustainable

Thank you