do business in the Dominican Republic - Pellerano & Herrera

More documents

Recommendations

Info

DOING BUSINESS INTHE DOMINICAN REPUBLIC6. Five 2" x 2" photos.7. Any other document justifying the application, such as copy of residencecard showing continuous residence in the country; additional letter ofguarantee signed with Public Notary by a person guaranteeing the moral andeconomic solvency of the applicant; copies of real property certificates, ifapplicable, etc.8. Two certified letters issued by the Immigration Office of the DominicanRepublic, stating that the person is resident in the country and that his/herfile contains the letter of guarantee required for the residence.The President of the Republic grants the nationality by decree, at his sole discretion.After the decree is published in the Official Gazette, the applicant mustswear his loyalty to the Dominican Republic, and a mention of this oath is alsopublished in the Official Gazette.The naturalization procedure lasts from one to two years.The President may revoke the nationality if the naturalized person changes hislegal residence to another country within the year following the date of naturalization,or if he leaves the country for a period of ten years.3IMPORTANTASPECTS OFDOMINICANFAMILY LAW128MARRIAGEa) Celebration of MarriageForeigners intending to marry in the Dominican Republic must present the followingdocuments:1. Original passport and a copy.2. Letter certifying their single status issued by the appropriate authority in thecountry of origin and legalized by the Dominican Consulate.3. Tourist card, residence card or personal identity card, as applicable.The marriage ceremony is performed by the Civil Status Officer of the place ofresidence of any of the spouses in the presence of at least two witnesses. TheMarriage Act contains the name of the spouses, a declaration that they have beenunited in matrimony,the date of celebration,and the signatures of the Officer,thespouses and the witnesses.A religious marriage has the same legal effects than a civil marriage.The ministercelebrating the marriage must only remit a copy of the marriage act to the CivilStatus Officer within the next three days for the purpose of registration.b) Property Relations of Married CouplesThe Civil Code regulates property relations between married couples.The communityof property system is the so called “legal regime” which applies automaticallyto all couples who get married in the Dominican Republic and do notexpressly choose another system.Within the community regime there are three kinds of property:
Pellerano & HerreraAttorneys at law1. The common property, which belongs jointly to both spouses,2. The husband's own property, and3. The wife's own property.The community is formed by all the personal property of the spouses, whetheracquired before or during the marriage, as well as real property acquired duringthe marriage. Spouses' own property basically includes real estate acquiredbefore the marriage, inherited property and reinvestments of own property.Until the year 2001, the husband was entitled to manage, and dispose of, all theproperty, and the wife could not even dispose of her own property without hisconsent.This situation changed with the passing of Law 189-01 of 22 November2001, which amended several articles of the Civil Code, granting both spousesthe joint administration of common property.The dissolution of the community, by divorce or death of one of the spouses, willentail:The determination of divisible assets,The recovery by each spouse (or their heirs) of their own property, andThe distribution of the remaining common property between the spouses(or their heirs).This liquidation and distribution of the community may be madebefore Public Notary or, if the parties do not agree, in court.Couples wishing to adopt a property regime different than the community systemcan choose any of the additional regimes provided by law, such as propertyseparation, dowry regime, community reduced to earnings, universal community,etc., but they can also choose a foreign law or create their own special system.In order to do so the spouses must, prior to the celebration of marriage, sign anagreement to that effect before a Public Notary.The Officer performing the marriagemust register this agreement in the Marriage Certificate.After getting marriedthe spouses cannot change their regime, and even if they divorce and thendecide to marry each other again they have to keep the same property systemthey had during their first marriage.DIVORCEDivorce may be:By mutual consent,For specific reason, orSpecial.a) Divorce by Mutual ConsentThis type of divorce may only take place after two years of marriage and before30. Furthermore, the husband should not be older than 60 years nor the wifeolder than 50 years.Couples who decide to divorce need to sign an agreement before a PublicNotary where they declare their intention to get divorced and provide, amongother things, for the distribution of property, the custody of children and the129
Page 1 and 2:
DOING BUSINESS INTHE DOMINICAN REPU
Page 3 and 4:
DOING BUSINESS INTHE DOMINICAN REPU
Page 5 and 6:
FOREWORDA place to invest ...The Do
Page 7 and 8:
Pellerano & HerreraAttorneys at law
Page 9 and 10:
Page 11 and 12:
Page 13 and 14:
Page 15 and 16:
Page 17 and 18:
Page 19 and 20:
Page 21 and 22:
Page 23 and 24:
Page 25 and 26:
Page 27 and 28:
Page 29 and 30:
Page 31 and 32:
Page 33 and 34:
Page 35 and 36:
Page 37 and 38:
Page 39 and 40:
INTERNATIONALTRADEInternational tra
Page 41 and 42:
Page 43 and 44:
Page 45 and 46:
Page 47 and 48:
Page 49 and 50:
Page 51 and 52:
Page 53 and 54:
Page 55 and 56:
Page 57 and 58:
MAININVESTMENTSECTORSThe Dominican
Page 59 and 60:
Page 61 and 62:
Page 63 and 64:
Page 65 and 66:
Page 67 and 68:
Page 69 and 70:
Page 71 and 72:
Page 73 and 74:
Page 75 and 76:
Page 77 and 78:
Page 79 and 80: Pellerano & HerreraAttorneys at law
Page 95 and 96: LEGAL FRAMEWORKFOR BUSINESSACTIVITI
Page 125 and 126: Digital signature of the Certificat
Page 129: Pellerano & HerreraAttorneys at law
Page 143 and 144: Design: Lourdes Saleme y AsociadosP
show all

do business in the Dominican Republic - Pellerano & Herrera

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?