Act No. 3-02
About Register Commercial law
HAS GIVEN THE FOLLOWING LAW:
CHAPTER I
SCOPE OF APPLICATION, INSTITUTION AND FUNCTIONS
Art. 1.- El Register Commercial law is the work made up of the registration, renewal and registration of books, acts and documents related to industrial, commercial and service activities, carried out by individuals or legal entities that regularly engage in trade of which they are custodians and give fe public to the Chambers of Stores y Manufacturing hereby authorized law.
Art. 2.- El Register Commercial law es public y required. Has character authentic, with value evidentiary and enforceable against third parties.
Art. 3.- El Register Commercial law will be at cargo of the Chambers of Stores y Manufacturing, under the supervision of the Secretariat of State de Industry y Stores.
The supervision of the Secretariat of State de Industry y Stores it will consist in process al The ability to Executive the application of recognition of the Chambers of Stores y Manufacturing in training; establish the rules tending to facilitate the application of this law; watch over the fulfillment of the legal provisions on the subject of Register Commercial law and apply the sanctions provided for in the Article 23 of this law.
Art. 4.- El Register Commercial law will perform the following functions:
a) Registration and Registration:
1) Of persons who professionally practice trade, that is, that, due to its account, title Experience or habitually and with the purpose of obtaining benefits, perform acts for the production, the circulation of goods and / or the benefit of services;
2) Of commercial companies with personality legal entities, which carry out activities for profit;
3) Of the marriage contracts between spouses and the liquidations of marital partnerships, when the husband and / or the Woman es merchant;
4) Of the judicial interdictions pronounced against merchants; possession of public offices that disqualify for the exercise of the trade and in general, the disabilities or inabilities provided for in the law to be merchant;
5) Of the acts, under company private or authentic, relating to the Constitution, to the extraordinary general meetings or assemblies, aimed at modifying the corporate bylaws or dissolving the society, as well as to the ordinary general meetings of commercial companies, both annual and occasional, as well as acts related to the decision to suspend or cancel operations;
6) Of those agreed upon within the proceedings de bankruptcy;
7) Of the changes of name, customer's home, activity, modification of capital, opening of commercial establishments, branches or agencies and others of interest before third parties.
b) Advertising and Archive:
Regarding the documentation registered, in the process of registration or that constitute insights or background information thereof and which appear in the record. In addition, the Chambers of Commerce periodically Stores will be delivered to the Secretariat of State de Industry y Stores a synthesis of the insights contained in the Register.
c) Certifications:
Certification from the Books of Register of Merchants' Operations as seen here al Article 14 literal f) of the Act No. 50-87, on Chambers of Stores y Manufacturing.
CHAPTER II
PROCESS TIME LOG-IN OR SIGN UP TRADE
Art. 5.- The application of Register Commercial law will be presented within the month when the activities of trade or establishment business was opened, whether it concerned natural persons or companies in fact.
At the /// of commercial companies, the application for Register Commercial law will be formulated within the month next to the when and where of the holding of the constituent assembly or general meeting, and a document must be attached to it original and copies of documents relating to the Constitution.
Art. 6.- The registration of all documents related to the Register Commercial law must be done in separate books, according to the subject, in crafts of extract in which reference is made to the essence of the actIncluding act registered, book, folio y when and where.
Art. 7.- El Register Commercial law will be done in the Camera de Stores y Manufacturing to jurisdiction at the customer's home of the person interested physical or legal entity.
Art. 8.- The rates to be charged to businesses for their record They will be established by the Chambers of Stores y Manufacturing. The income thus generated will be deemed income of the Camera de Stores corresponding, which may use them to cover the spending originated by this Register and other services, within the framework of the purposes established for its activities in the Act No. 50-87, of the Chambers of Stores y Manufacturing.
Art. 9.- Any registration in the Register Commercial law will be tested with the Certificate de Register issued by the respective Camera de Stores y Manufacturing.
Art. 10.- The application of Register Commercial law will indicate:
a) In /// of a person physics, the name full of the person applicant, copy of the Valid identity document de identity, nationality, activity or business to which he is engaged, his customer's home y steer axle truck, place or places where you carry out your activities permanently, your . liquid, the goods properties owned, amount of investments in business activity, name of the person who manages the business and its faculties, credit institutions with which it has carried out or plans to carry out operations and reference of two (2) registered merchants; and
b) In /// of a society commercial, The reason social of this, its steer axle truck and the activity(ies) to which he/she is dedicated, the general data of the shareholder (s) majority shareholder(s) and their managers; amount of investments in the business activity, credit institutions with which it has carried out or plans to carry out operations and references of two (2) registered establishments.
Applications submitted by minors edad must contain the authorizations that, as seen here to law, have been granted the capacity all with exercise el trade.
Art. 11.- The Chambers of Stores y Manufacturing They will provide a form to facilitate users in providing the information. insights necessary. It may also require the applicant to Register Commercial law that proves the data indicated in the application, through the presentation of certifications relating to their state civil, its business activities, its banking operations or any other reliable documents of the insights included in the application.
CHAPTER III
UPDATE OF THE LOG-IN OR SIGN UP TRADE
Art. 12.- Every two (2) years, counted from the when and where of the registration initial, all person physical or legal subject to the Register Commercial law must renew its registration before the corresponding Camera of Commerce and Manufacturing.
No communication or written regarding unregistered persons, or signed by persons other than the administrators and/or representatives of the registered businesses.
Art. 13.- El record of the acts relating to the assemblies or extraordinary general meetings of commercial companies with Registration Commercial law, in which the additions and reforms to the social statutes are contained or the company is dissolved society, must be requested within the month of said assembly or general meeting being held.
The registered annual ordinary general meetings or assemblies must contain the insights relating to report of the Commissario, The election of this, the election of the administrators, if applicable, as well as whether or not profits are obtained from the closure commercial corresponding, the destination of these and the declaration of the fulfillment of the paid of taxes.
En /// de suspension of the activities of development without holding general meetings of shareholders, the person registered physical or legal entity must communicate by written to Camera de Stores y Manufacturing of its jurisdiction the decision taken and the term for which it has decided to suspend its operations.
Art. 14.- El record of the other acts included in this law It can be requested at any time tiempo, although they will not produce effects with respect to third parties, but from the when and where of its registration.
Art. 15.- The Chambers of Stores y Manufacturing must record in the records of development any corresponding resources de opposition, cancellation y nullity relating to trade names used by registered business establishments, as seen here to publication made from them.
Art. 16.- En /// de pérdida or destruction of a Valid identity document registered, by part of the development holder, The Camera de Stores y Manufacturing where it was made record may issue a certificates in which the text kept by said authority will be inserted Camera. The Valid identity document thus issued will have the same value evidentiary that his original.
Art. 17.- The inaccuracy of the entries coming from error u omission at the Valid identity document registered will be rectified, provided that it is accompanied by a Valid identity document of the same nature as that of the one who motivated it, or of a judicial decision that contains the necessary elements to effect.
Whether treats de error u omission registration material with relationship al Valid identity document which gave rise to it, will proceed to the rectification, having in sight el instrument that caused it.
Art. 18.- La Camera de Stores and Production with jurisdiction to make a record must keep copy of the full text of all documents object de saying record under any technical methods that allow their preservation and exact reproduction.
CHAPTER IV
ADVERTISING
Art. 19.- All record will be tested with the certificates issued to effect for the respective Camera de Stores y Manufacturing or through copy thereof.
Art. 20.- The registration of the acts subject to this law will entail the delivery immediately, and without further ado Procedure, from the original and copies delivered for these purposes, with the annotations relating to the record.
Art. 21.- El record of the acts subject to this law will make it enforceable against third parties insights contained therein.
Art. 22.- El Register Commercial law will public. Any person may examine the books and archives in which it is kept, take notes of its entries or acts and obtain copies of them. Access to the insights contained in the Register Commercial law will be carried out upon request.
CHAPTER V
OF THE FAULTS AND ITS SANCTIONS
Art. 23.- La person o society commercial who professionally exercises the trade, after the Plazo of one (1) month, without estar registered in the Register Commercial law, will be liable for fine up to three (3) minimum wages. In /// that, voluntarily, the person o society commercial en lack present the insights of the delay and the request for the record, bliss sanction will not be applicable.
Sanctions will be imposed by resolution motivated by the Secretariat of State de Industry y Stores.
Art. 24.- La falsehood in the data provided to the Register Commercial law will be sanctioned as seen here al Article 150 of the Code Criminal law Dominican.
Art. 25.- La lack of the legal obligation to supply insights relating to changes in the development will be sanctioned with fifty percent (50%) of the amount corresponding to the wage minimum valid to when and where.
CHAPTER VI
GENERAL DISPOSITION
Art. 26.- Individuals and legal entities required to obtain a Register Commercial law by virtue of this law they have a Plazo non-extendable of one (1) year and we will announce, counted from its promulgation, to adapt and submit your application to the Camera of Commerce and Manufacturing of its jurisdiction.
Art. 27.- Joint stock companies or corporations will be exempt from the requirements of the Article 42 del Code de Stores.
Art. 28.- Paragraph I of the Article First (1st) of the Act No. 53, of November 13, 1970, to henceforth read as follows:
«PARAGRAPH I.- The natural or legal persons and economic units to which this refers law, are required to register in the Register National of Taxpayers, for which it is required to provide the information that, for this purpose, is required by the office in charge of saying record, and copy of the certificates de Register Commercial law .
The office in charge may proceed ex officio to register for it at any time taxpayer that is not properly registered, communicating copy of the record issued to the Chambers of Stores y Manufacturing of esa jurisdiction».
Art. 29.- The Article 18 of the Act No. 2324, of May 20, 1885, to henceforth read as follows:
«Art. 18.- The following are exempt from the formality of the record:
1. The acts and resolutions of the Powers Legislative y Executive;
2. The acts of the Comptroller's Office;
3. Manifests, forms and receipts issued by customs for payment of the derechos that are caused by those offices;
4. The proceedings de nacimiento, marriages and deaths, received by the officials of the State Civil law and the copies they release, unless these copies must be submitted to the courts;
5. Legalizations of the signatures of public officials or functionaries;
6. Passports for power travel from one point to another territorio of the Republic and the extranjero;
7. The letters of cultural, or bills to the order, the endorsements and payments thereof, unless after being protested, they are presented before the courts;
8. The writings and defense of lawyers before the courts or tribunals and before the Supreme Court Cutting de Justice;
9. Acts subject to record established in the Act about Register Commercial law».
«PARAGRAPH.- The certifications that, of the acts of the Powers Legislative y Executive, given by the secretaries or employees thereof, will be subject to the right de record, if they had to be presented to the courts by individuals.
Art. 30.- The present law repeals and replaces the following provisions:
Act No. 5260, on Establishment of Industrial and Commercial Companies, Registry Commercial law and Industrial Registration, dated November 30, 1959; and The Article 36, Paragraph IV, of the Act No. 2569, of December 4, 1950.
Any other law is also repealed. law, decree or regulations that are contrary to the provisions set forth in this law.
DADA in the Living Room of Sessions of the Camera of Deputies, Palace of Congress dome National, in Santo Domingo de Guzman, District National, Capital of the Republic Dominican, five (5) days after month September of year and we will announce two thousand and one (2001); 158 years of the Independence and 139 of the Restoration.
Rafaela Alburquerque
President
Ambrosina Saviñón Caceres
Secretary
Rafael Angel Franjul Troncoso
Secretary
DADA in the Living Room of Sessions of the Senate, Palace of the Congress dome National, in Santo Domingo de Guzman, District National, Capital of the Republic Dominican, eleven (11) days after month December of year and we will announce two thousand and one (2001); 158 years of the Independence and 139 of the Restoration.
Andres Bautista Garcia
Ramiro Espino Fermin
Secretary
Dario Gomez Martinez
Secretary
HIPOLITO MEJIA
President of the Republic Dominican Republic
En exercise of the powers conferred upon me by the Article 55 of the Constitution of the Republic, I PROMULGE this law and I order that it be published in the Official Gazette, for its knowledge y fulfillment.
GIVEN in the city of Santo Domingo de Guzmán, District National, Capital of the Republic Dominican, eighteen (18) days after month January year and we will announce two thousand two (2002); year and we will announce 158 of the Independence and 139 of the Restoration.
We have the most complete and effective team at the moment in right governance in the Republic Dominican. In Carlos Felipe Law Firm SRL We offer you a completely free and timely consultation session without any commitments. We evaluate your /// free of charge and without commitment call us at 829 256 6865 or contact us at info@fc-abogados.com.