CITIZEN LOOKING INTO BLUE FACTOR
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By: JJosephaNews
Twitter: @JJosephaNews
Willemstad, Curacao. In an interview with the Union of Utility Company Workers (Sindikato di Empleadonan den Utilidat) (SEU) president, Errol Bishop declared that he requested a public inquest into Former Minister of Health: Suzy Camelia Romer's company, Blue Factor B.V who went into bankruptcy in 2016.
GENERAL PROCURATOR
According to Errol Bishop, he went to "the General Procurator's office to make a petition for a "Civil Inquest" in the case of the strange finance loan that happened at Vidanova for the company Blue Factor B.V.".
Errol Bishop declared; "I asked a lot of questions and studied the entire curator report".
What is a Curator?
According to the Netherlands Business government site at www.business.gov.nl, "If a business goes bankrupt, the court will appoint the curator (also referred to as the receiver, trustee or administrator). This is usually an attorney or lawyer. The curator must see to it that the bankruptcy is handled in the right way, and that creditors, for as much as possible; are paid what they are owed".
WHAT CAN A CURATOR DO?
If your business goes bankrupt, the curator takes over its daily management and authorities. You can no longer make decisions that affect your business, and its assets are impounded. The curator:
- manages your assets
- makes a list of your possessions and debts
- protects your property (estate), so that nothing disappears
- sells your possessions to pay off your creditors (liquidation)
- investigates fraud or misconduct
- manages your administration, cash and supplies
- receives and opens all your mail, including emails
- terminates contracts if necessary, such as rental contracts or employment contracts
- takes care of payments to creditors
- is able to undo actions that you took prior to the bankruptcy, if it means more creditors can be paid off. For instance, if you rushed through a large payment to one creditor, the curator can reclaim the money
- reports everything he does to the examining magistrate
THE CONSIGNATIEKAS
The Consignatiekas: if the curator cannot find a creditor
If the curator was unable to locate a creditor to refund their claim at the time of the bankruptcy, they give the amount in reserve in the so-called "Consignatiekas". This deposit stores any leftover funds from past bankruptcies for 20 years. To claim the money, a creditor has to approach the Dutch Ministry of Finance and prove their claim. This can be done in Dutch only at The Rijksoverheid website.
PRIVATE ASSETS AND BANKRUPTCY
Depending on your legal business structure, your private possessions are also impounded, for instance your house, furniture or car. If you are personally liable for your company debts, the curator will determine a monthly allowance for you to provide in your basic needs.
WHO PAYS FOR THE CURATOR'S SERVICES?
Payment for the curator’s services comes from the money he is able to collect from the bankruptcy, be it from selling supplies and estate, collecting payments from pending invoices (debtors), or other activities. The court determines the curator’s wages.
WHO APPOINTS AND SUPERVISES THE CURATOR?
A magistrate appoints the curator. He also appoints the examining magistrate. The examining magistrate supervises the curator. If you are dissatisfied about the curator’s work, you can file a complaint with the examining magistrate.
ERROL BISHOP REACHES THE POINT OF NO-RETURN...
Errol Bishop stated; "When I had finished with the report, I sat with my advisors, juridical experts, the syndicate of Aqualectra (Curacao Utility Company), and the pensioners, and reached a path!"
Mr. Bishop declared; "I decided to send a letter to Vidanova Pension Foundation (Stichting Pensioenfonds Vidanova) to get clarifications on the form on how the loan happened with the 3 extensive reports and the Curator attendance with the bankruptcy of the company".
Mr Bishop conveyed; "Yet, 1 month after Bishop explained that he sent the letter, he received an answer from Vidanova which he said he couldn't live with, which he didn't agree with and expressed that absolutely he claimed that did not answer his questions; neither did Vidanova explained to a point where his doubts could be taken away from any in-tranquility".
Mr. Bishop exclaimed; "If anything, Vidanova's response made his; in-tranquility even worst!"
After, Mr. Bishop's petition for a civil inquest, he stated: "He went to the Procurator's Office, because, it was the instrument that has the authority and power to initiate a profound investigation to bring clarity and truth in and about this case."
BLUE FACTOR DOUBTS
Mr. Bishop informed; "According to the Curator's report there is a lot of things being said; that the money; one thing that for sure; got attention, is that, this financing was given in 2009 with a certain destination, with certain contract binding on it."
Mr. Bishop stated; "Right now, we are in 2021, at the moment that Blue Factor B.V. went into Bankruptcy, it had a debt of more than 10 million with Vidanova, the same thing I must say happened at Postspaarbank (PSB) as well; with 5 million. And, loans, that were made on your own is questionable but didn't needed to be a problem!"
Mr. Bishop explained; "What makes this all doubtful is, at the moment that the Pension Funds was allowed this finance, then (i) there wasn't any kind of collateral and; (ii) also; there is all indication that the destination of the money; was used for other goals. Making money loans from the associates of Blue Factor; astronomical sums, of millions that were paid to a Management team. Were probably for purchasing of properties, but none of these were the goals of the loans according to the contract."
THE PERIOD IN WHICH CAMELIA ROMER WAS PART OF BLUE FACTOR B.V.
When Errol Bishop was asked if these things happened within the time frame when Suzy Camelia Romer was part of The Blue Factor B.V. (Private Limited Liability) with registration number: 102493, he stated: "I say that these things happened, the loan was given in 2009, Blue Factor went into Bankruptcy, and it was declared Bankrupt in 2016, that happened in that period."
Mr. Bishop further stated; "I will leave who was in charge, for the Public Ministry; Openbaar Ministerie; aka The OM office and they will be putting its investigation and then the truth is there, the story is there, it is very much alive."
Mr. Bishop continued; "Which means, for us, for me for sure! It doesn't matter who was in charge, for me what is more important is, if there are things that went wrong, then; who are those responsible? How will we get back the 10 million of Vidanova's pension funds, and also Postspaarbank? "
Mr. Bishop expounded; "Because; don't forget the 5 million from Postspaarbank, were of the people, the bank was a public bank! But; sadly the 5 million stayed like that, nobody is accountable! Nobody can get an answer on what happened!"
Mr. Bishop finalized; "And so, it is by the request of this Public Inquest, the Public Prosecution Office (Openbaar Ministerie) has the authority to hopefully do an investigation where the truth will come forward."
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