Basic Aspects of Regulating Foreign Companies in the Dominican Republic

Foreign firms must register with Mercantile Registry to operate in the Dominican Republic, complying with national laws.
April 25, 2024
Mesa Abogaods
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From the Health Control of Products

Foreign companies may provide services within the territory of the Dominican Republic, as long as they comply with national regulations. Among the main requirements is the registration of the foreign company with the Mercantile Registry. Law 3-02 on the Mercantile Registry establishes as a mandatory requirement the obtaining of a Mercantile Registry for any company that engages in commercial activity in the national territory on a habitual basis, which includes foreign companies. Additionally, the mentioned text imposes sanctions on commercial companies that professionally engage in trade without being registered with the Mercantile Registry.

The conditions for a foreign company to provide services in the Dominican Republic are summarized in compliance with the following requirements:

a) Mercantile Registry:

The Mercantile Registry constitutes a public database of all companies and entities that carry out commercial activities in a specific territorial demarcation. This registry is issued by the Chamber of Commerce and Production of the city where the main offices of the foreign company are located.

The requirements to obtain the Mercantile Registry are as follows:

  • The constitutive documents from their country of origin, duly legalized by apostille.
  • An updated list of shareholders duly legalized by apostille.
  • A meeting of the commercial entity approving business operations in the Dominican Republic, the company's registration, and the establishment of domicile in the Dominican Republic.
  • Copies of the passports of the members of the board of directors.
  • Address in the Dominican Republic where the foreign company will be located.

The estimated time is 10 working days.

b) National Taxpayer Registry (RNC):

This constitutes the database of all companies and entities subject to taxation in the Dominican Republic. The mentioned registry is granted by the General Directorate of Internal Taxes (DGII). Through this registry, companies are authorized to issue invoices valid in the national territory.

To obtain the RNC, it is necessary to have previously obtained the Mercantile Registry. The applicant must submit copies of the incorporation documents, as well as copies of the passports of the members of the board of directors. The estimated time to obtain it is 10 working days.

c) Establishment of Domicile in National Territory:

It constitutes a special authorization issued by the Executive Branch, through which the foreign company is granted a license to establish itself in the Dominican Republic.

The requirements are as follows:

  • The constitutive documents from their country of origin, duly legalized by apostille.
  • An updated list of shareholders duly legalized by apostille.
  • A meeting of the commercial entity approving business operations in the Dominican Republic, the company's registration, and the establishment of domicile in the Dominican Republic.
  • Copies of the passports of the members of the board of directors.
  • Power of attorney granted to the person who will carry out the corresponding procedures before the Ministry of Interior.
  • Address in the Dominican Republic where the foreign company will be located.

Once the foreign company has been authorized to operate in the national territory, it must comply with the general regulations applicable to all commercial companies, including labor and immigration laws.

Labor laws require companies to register in the Integrated Labor Registration System (SIRL). Migration regulations establish that all foreigners engaged in business or work activities must obtain the corresponding visa. In this sense, foreign technical personnel must obtain a business visa for work purposes.

The requirements to apply for this visa are as follows:

  • The reference visa usually has a validity of one year and allows a stay of 3 to 6 months.
  • In the case of personnel with prolonged stays, a special residence permit must be obtained.

In light of current regulations in the Dominican Republic, it is possible for a foreign consultancy firm to provide services from abroad to Dominican clients without the need to register in the Dominican Republic. However, when consultancy services are provided in the Dominican Republic, the company must register in the country.

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