Dominican Republic Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in Dominican Republic
October 9, 2013 By Arthur & Castillo
Usually the commercial entities in the Dominican Republic are incorporated as a Limited Liability Company or Sociedad de Responsabilidad Limitada (S.R.L.).
October 9, 2013 By Arthur & Castillo
Under Dominican Law, there are two very important aspects which have an impact on the inheritance of assets of a deceased individual: the time and domicile of the deceased.
The system of civil and commercial liability in Dominican Republic is based on the French Civil Code of 1804. The litigious process is an adaptation of 19th Century French civil procedure legislation with a certain number of updates and modifications.
Dominican Republic has best legal framework for the Foreign Investment - Legal System - The Constitution of the Dominican Republic defines the government system as being democratic, republican and presidential. It also provides that the exercise of power is divided among three independent branches: executive, legislative and judicial.
Since the protector and tutelary nature and other related-rights granted by registered marks to their holders, is logical to think to enjoy their prerogatives is needed to comply with several objectives requirements, that is, the mark must have several formalities to be admitted as such.
Overview of trademark registration in Dominican Republic. Legal framework for trademark registration is based in law 20-00, Paris Convention ( 20 march 1883, including revision September 1979), Nice Convention, Chapter 15th of DR-CAFTA . According to our law, trademark registration provide exclusive rights for the use of trademark.
Overview of Immigration Program for Investors in Dominican Republic: How apply for Residence and Citizenship
Every citizen, no matter the country of origin, can apply for the Dominican residence and then for citizenship, providing that fulfills all requirement set forth by Dominican state for those purposes.
Persons, be either Dominican nationals or foreigners desiring to buy, resell or in any way dispose of real estate in the Dominican Republic should note that Dominican Republic real estate laws and regulations particularities make it preferable to conduct a due diligence and review process through independent counsel in order to verify legal and tax status of the property before any formal decisions or payments are made.
The tax benefits of Law 158-01 may extend to the purchase and acquisition of Dominican Republic real estate such as second homes and vacation villas of projects located in designated tourist zones.
The legislation of the Dominican Republic contains an estatute that protects the agent or local distributor in his relationships with the foreign licensor. In fact, the Law 173, of 1966, de Protección a los Agentes Importadores de Mercaderías contains several dispositions that shall be noted when doing bussiness in Dominican Republic, some of them are the followings:
Trademarks in Cuba, commercial names in Cuba and patents in Cuba can be fully protected by U.S. individuals and corporations.
Taxation in the Dominican Republic is governed by Law No. 11-92 of May 31, 1992, commonly known as the Tax Code (“Código Tributario”), its amendments and regulations (“Reglamentos”). This overview is a brief summary of the Tax Code’s most relevant provisions. All references in parentheses refer to articles in the Tax Code unless otherwise specified.
Divorce is never easy. That is why the Dominican fast divorce is the best, easy and highly confidential way to get through it with minimal damage, so you can move on with your life as fast and as painless as possible.
International adoptions in the Dominican Republic are governed by Law #136-03. All adoptions must be done through an official Dominican government entity called CONANI (“Consejo Nacional para la Nińez y la Adolescencia” - National Council for Children and Adolescents). Private adoptions are not possible under the Law. All children are assigned to the adopting parents by CONANI.
It is a matter of public policy in many countries that only their courts have the power to grant a divorce to their residents. A divorce obtained in a foreign jurisdiction would therefore be considered invalid. This principle is sometimes not considered applicable, however, in cases when both parties agree to the divorce.
Foreigners wishing to live or work permanently in the Dominican Republic are required to obtain residency status. Obtaining permanent residency in the Dominican Republic is a three-step process:
The most common business entity in the Dominican Republic is the corporation, locally called “Sociedad Anónima” (S.A.) or “Compańía por Acciones” (C. por A.). As corporations in other countries, Dominican corporations are legal persons which exist independently of its shareholders. Likewise, the liability of the shareholders is limited to the amount of their contribution to the corporation.
Labor relationships in the Dominican Republic are governed by Law No. 16-92 of May 29, 1992, commonly known as the Labor Code, which is characterized by its strong and sometimes inflexible protection of the rights of the individual employee.
Real estate transactions in the Dominican Republic are governed by Property Registry Law No. 108-05 and its Regulations, in force since April 4, 2007. Ownership of property is documented by Certificates of Title issued by Title Registry Offices.
Adoption is a very important and life changing process affecting the lives of human beings in two families; thus is needless to say is a time-consuming and expensive legal procedure that can be carry out only by wealthy individuals willing to invest time, money and patience in order to achieve it.
Dominican Republic special divorce is available to foreigners or Dominican citizens residing abroad, when both spouses agree to file this divorce before Dominican Courts. 24-Hour divorce is available in Dominican Republic.
New legislature on Intellectual Property (law 20-00 of May 2000 on industrial property and 65-00 of August 2000 on copyrights) has been enacted in order to comply with provisions of agreement signed by countries with the World Trade Organization (WTO) on Trade-Related Intellectual Property Aspects (TRIPS).