Terms and Conditions

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General Terms and Conditions for Acceptance of Assignments and Professional Liability of Notaris Gosselaar B.V., trading under the name: STAAT notariaat, located in Curaçao.

Notaris Gosselaar B.V., located in Curaçao, with offices at Mercuriusstraat 15, trading under the name: STAAT notariaat.
All assignments are exclusively accepted and executed by Notaris Gosselaar B.V., trading under the name: STAAT notariaat. The applicability of Articles 7:404 and 7:407 paragraph 2 of the Civil Code of Curaçao is excluded.
In accordance with the provisions of the Notarial Profession Ordinance, the notary must have professional liability insurance covering what can reasonably be covered by insurance for a notary.
The notary’s insurance conditions are as follows:
insured sum: Naf 1,365,000.00 as a maximum per event per year;
insured parties: the notary, the deputy notary, the candidate notary(-ies), and all other persons who are or have been working in any way for Notaris Gosselaar B.V., trading under the name: STAAT notariaat.
Notary André Elzo Gosselaar, LL.M., or his substitute is free to have assignments executed under his responsibility by the staff he designates and with the involvement of third parties. Notaris Gosselaar B.V., trading under the name: STAAT notariaat will, where possible, consult with the client in advance regarding the involvement of third parties. Notaris Gosselaar B.V., trading under the name: STAAT notariaat is not liable for any shortcomings of these third parties of any nature and is entitled, without prior consultation and on behalf of the client, to accept any liability limitation on the part of the third parties it engages.
Any liability of Notaris Gosselaar B.V., trading under the name: STAAT notariaat is limited to an amount equal to the insurance payment to be received by Notaris Gosselaar B.V., trading under the name: STAAT notariaat plus Notaris Gosselaar B.V., trading under the name: STAAT notariaat’s own risk under that insurance. The liability limitation as described in the preceding sentence also applies if the notary has wrongly refused his service and damage has resulted from this. The liability limitation also applies in the event the notary is liable for the improper functioning of the equipment, software, data files, registers, or other items used by the notary in executing the assignment, without exception. The liability limitation as set out in these general terms and conditions also applies for the benefit of the notary’s substitute and all those working in his office, so that they may also invoke this liability limitation.
The unopposed receipt of a (draft) deed drawn up by Notaris Gosselaar B.V., trading under the name: STAAT notariaat at the request of the client implies acknowledgment of the granting of an assignment.
If the assignment is given by a natural person on behalf of a legal entity, and if this natural person can be considered as the (co-)policy maker of the relevant legal entity, this natural person is also the client in a personal capacity. In the event of non-payment by the legal entity, the natural person concerned is personally liable for the payment of the invoice, regardless of whether it is issued in the name of a legal entity, whether at the request of the client or not, or in the name of the client as a natural person.
Notaris Gosselaar B.V., trading under the name: STAAT notariaat reserves the right to adjust an agreed hourly rate annually as of January 1st.
Invoices from Notaris Gosselaar B.V., trading under the name: STAAT notariaat must be paid before the deed is passed. In the event of non-timely payment of the invoice, the client is in default without the need for a notice of default, and without the right to suspend or set off. Notaris Gosselaar B.V., trading under the name: STAAT notariaat may, if the client is in default, immediately and unilaterally terminate the assignment, without this leading to liability for damages. If collection measures are taken against the defaulting client, the costs of such collection will be fully borne by the client.
Furthermore, Notaris Gosselaar B.V., trading under the name: STAAT notariaat may:
- require the client to pay an advance before commencing work;
- if desired, proceed with interim invoicing of its work;
- require the client to pay the full invoice before the deed is passed and, if possible through banking, grant an irrevocable authorization for one-time direct debit for payment of its invoice.
Notaris Gosselaar B.V., trading under the name: STAAT notariaat reserves the right to pay out funds only to the party acting as a party to the deed and entitled to payment under the legal act contained in the deed, and not to make any other payments on behalf of or for the benefit of that party or a third party.
All rights of action and other powers that the client may invoke against Notaris Gosselaar B.V., trading under the name: STAAT notariaat expire in any case one year after the moment the client became or could reasonably have become aware of the existence of these rights and powers.
The provisions of these general terms and conditions are stipulated not only for the benefit of Notaris Gosselaar B.V., trading under the name: STAAT notariaat but also for the benefit of the notary, the candidate notaries, and all other persons who are or have been working in any way for Notaris Gosselaar B.V., trading under the name: STAAT notariaat.
The legal relationship between Notaris Gosselaar B.V., trading under the name: STAAT notariaat and the client, as well as those who use its services, is governed by the law of the Country of Curaçao. Disputes shall be settled exclusively by the competent court in the Court of First Instance sitting in Curaçao.
All clients as natural persons must personally identify themselves to the notary with a valid identification document; if the client is a legal entity, its director must personally identify himself using a valid identification document.
The majority of the services provided by Notaris Gosselaar B.V., trading under the name: STAAT notariaat fall under the National Ordinance on Identification when Rendering Services (NOIS) and the National Ordinance on Reporting Unusual Transactions (NORUT). In connection with this, the drafter of the deed may be obliged to report situations or transactions with an unusual character to the Financial Intelligence Unit (FIU) Curaçao. According to the law, the drafter of the deed may not inform his client of such a report. By providing the assignment, the client agrees to this.

These General Terms and Conditions apply as of July 1, 2023