Best Business Lawyers in Cabarete

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Gratereaux Delva & Asoc.
Cabarete, Dominican Republic

Founded in 2003
26 people in their team
English
Gratereaux Delva & Associates is a Dominican law firm founded by Maria Elena Gratereaux Delva and Philippe Delva. The practice is widely recognized for its work in labor and real estate matters and serves national and international clients across the Dominican Republic. The firm also advises on...
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1. About Business Law in Cabarete, Dominican Republic

Cabarete is a popular tourist town in Puerto Plata, and local businesses there operate under the broader rules of Dominican commercial law. The town’s businesses must comply with national statutes, municipal licensing, and sector-specific regulations. Local practice often involves aligning business plans with the Dominican framework for corporate formation, tax compliance, labor standards, and consumer protection. Understanding who to consult and when to act can prevent costly delays or disputes.

For residents and visitors starting, expanding, or operating in Cabarete, the most important legal concepts are those that govern commercial activities, registration, and ongoing compliance. The law treats most commercial activity through national codes and regulations, even when the activity happens in a specific neighborhood or tourist district. A qualified abogado in Cabarete can help translate national rules into practical, location-specific steps.

Key takeaway: Local permits and inspections work alongside national corporate and tax rules. Planning ahead with legal counsel minimizes disruption to hospitality and service operations in Cabarete.

2. Why You May Need a Lawyer

Starting a business in Cabarete often requires a coordinated effort across multiple authorities and agreements. A lawyer can help you navigate these steps efficiently and reduce risk in contract disputes, licensing, and regulatory compliance.

  • Start-up structure and registration - If you plan a boutique hotel, restaurant, or wind-sport operation, you should decide whether to form a sociedad comercial or an empresa individual de responsabilidad limitada under Dominican law and register with the Registro Mercantil. A local abogado can draft bylaws, coordinate shareholder agreements, and file necessary filings.
  • Municipal licenses and sectoral permits - A Cabarete business typically requires a municipal operating license from the local Ayuntamiento and sector-specific permits (for example, hospitality, food service, or tour activities). An attorney helps ensure you obtain all licenses and comply with zoning or “uso de suelo” rules.
  • Commercial lease negotiations - Renting a storefront, beach venue, or workshop requires a robust lease. A lawyer reviews terms, risk allocations, term length, renewal options, and remedies for breach under Dominican contract law.
  • Tax registration and ongoing compliance - Businesses must register for tax identification with the DGII (Impuestos Internos) and collect ITBIS (18% value-added tax) on most goods and services. A lawyer ensures registration accuracy and helps with periodic tax filings and audits.
  • Data privacy and customer information - If you collect guest data or process personal information, you must comply with Dominican data protection standards. An abogado can map data flows, draft privacy notices, and implement safeguards.
  • Employment and labor matters - Hiring local staff requires employment contracts, payroll compliance, and social security contributions. A lawyer can help structure compliant contracts and advise on severance and benefits under Dominican labor norms.
  • Business disputes and enforcement - When disputes arise with suppliers, customers, or authorities, a local attorney can represent you in negotiations, mediation, or court, and help preserve business operations during proceedings.

3. Local Laws Overview

The Dominican Republic has a unified legal framework for business that applies nationwide, including Cabarete. Below are two to three essential laws or regulations that commonly affect Cabarete businesses. Note the names, with dates or notable changes where applicable.

Código de Comercio (Commercial Code) - The foundational framework for commercial transactions, commercial acts, and business practices in the Dominican Republic. It governs sales, negotiable instruments, and commercial obligations across all provinces, including Cabarete. The code is periodically amended to reflect modern commercial practices and cross-border commerce.

Ley General de Sociedades Comerciales y Empresas Individuales de Responsabilidad Limitada, Ley 479-07 - Law on Commercial Companies and Limited Liability Individual Enterprises. Enacted in 2007 to modernize corporate structures and provide clearer rules for company formation, governance, and dissolution. It remains central to choosing a business form in Cabarete and across the country, with later amendments to streamline filings and compliance for small and mid-size enterprises.

Ley 172-13 de Proteccion de Datos Personales - Personal Data Protection Act. Adopted in 2013 to establish a framework for the collection, storage, use, and transfer of personal data. This law has been reinforced by additional regulatory rules and guidance issued in subsequent years. Businesses in Cabarete that collect guest information or process customer data must implement data protection measures and provide privacy notices to individuals.

Código Tributario, Ley 11-92 - Tax Code enacted in 1992, governing domestic taxation, administration, and enforcement. It shapes how businesses file corporate income taxes, value-added taxes, and other levies. The tax environment in Cabarete follows these national rules, with local administration carried out via national agencies.

It is common for small and mid-size businesses in tourist towns to experience rapid regulatory changes in tax and data protection regimes as the Dominican government modernizes compliance frameworks.

Source: Dominican Republic government bodies that oversee taxation and corporate law include the Dirección General de Impuestos Internos (DGII) and the Ministerio de Industria y Comercio (MIC). See official sources for current texts and updates.

4. Frequently Asked Questions

What is the first step to start a business in Cabarete?

What is the first step to start a business in Cabarete?

Identify your business type, then choose a suitable structure and obtain initial guidance from a Cabarete abogado. This helps ensure early compliance with Registro Mercantil and tax registration.

What is the difference between a sociedad comercial and an empresa individual?

What is the difference between a sociedad comercial and an empresa individual?

A sociedad comercial is a company with multiple owners and formal governance, while an empresa individual is a sole proprietor with fewer formalities and liability protections. The choice affects liability, taxes, and reporting.

How do I register a new company in Cabarete?

How do I register a new company in Cabarete?

File with the Registro Mercantil, obtain a tax ID from DGII, and apply for municipal licenses. An abogado coordinates filings, prepares bylaws, and ensures regulatory compliance.

What is ITBIS and how much is it?

What is ITBIS and how much is it?

ITBIS is the Dominican value-added tax. The basic rate is 18 percent on most goods and services. Businesses must collect and remit ITBIS to the DGII.

Do I need a data protection plan for customer information?

Do I need a data protection plan for customer information?

Yes. Law 172-13 requires reasonable safeguards and disclosures when handling personal data. Implement privacy notices and data handling procedures if you collect guests’ data.

What about employment contracts for staff in Cabarete?

What about employment contracts for staff in Cabarete?

Dominican labor law governs contracts, working hours, and severance. A local abogado can draft compliant contracts and advise on payroll and social security obligations.

How long does it take to form a company in the Dominican Republic?

How long does it take to form a company in the Dominican Republic?

Formation typically takes 2-6 weeks, depending on document readiness and regulator efficiency. A lawyer can expedite filings and coordinate with the Registro Mercantil.

What documents are usually needed to start a business?

What documents are usually needed to start a business?

Common items include an applicant’s passport or ID, proposed company bylaws, proof of address, and capital declarations. A Cabarete abogado assists with drafting and submission.

Can a foreign investor open a Dominican company in Cabarete?

Can a foreign investor open a Dominican company in Cabarete?

Yes. Foreigners may form Dominican entities and must comply with national company law, tax, and immigration requirements. An abogado helps with the entire process.

Should I hire a local abogado or an international firm?

Should I hire a local abogado or an international firm?

A local abogado familiar with Cabarete and Puerto Plata regulations provides practical, jurisdiction-specific guidance. An international firm can help with cross-border issues if needed.

Is there a simple way to handle licensing for a tourism business?

Is there a simple way to handle licensing for a tourism business?

Start with the municipal license, then verify sector-specific permits with MIC and health or safety authorities. A lawyer coordinates the timeline and documents.

What is the timeline for complying with data protection requirements?

What is the timeline for complying with data protection requirements?

Immediately begin mapping data flows and notifying affected individuals where required. Implement a privacy policy and secure data handling within 3-6 months for new operations.

Do I need to register intellectual property in Cabarete?

Do I need to register intellectual property in Cabarete?

If you have brand names, logos, or distinctive product features, filing with the Oficina Nacional de Protección de la Propiedad Industrial (ONAPI) helps protect IP nationwide.

5. Additional Resources

Here are official government resources with functions related to business in the Dominican Republic. Use these to verify regulations, filings, and guidance.

  • Dirección General de Impuestos Internos (DGII) - National tax administration. Handles ITBIS collection, income tax, tax registration, and compliance guidance for businesses. https://www.dgii.gov.do
  • Ministerio de Industria y Comercio (MIC) - Oversees trade, industry, and regulatory standards for businesses including licensing guidance and sector-specific compliance. https://www.mic.gob.do
  • Oficina Nacional de Propiedad Industrial (ONAPI) - Manages trademarks, patents, and other IP filings at the national level. https://www.onapi.gob.do

6. Next Steps

  1. Clarify your business type and entity structure with a Cabarete abogado within 1-2 weeks of idea formation.
  2. Assemble a document package for registration, including identifying information, ownership details, and business plan. Allocate 1-2 weeks for compilation.
  3. Engage a local abogado to prepare bylaws, draft the formation petition, and coordinate filings with the Registro Mercantil. Plan 2-4 weeks for initial submissions.
  4. Register for DGII taxes and obtain ITBIS and tax IDs. Schedule a DGII appointment and complete filings within 1-3 weeks after formation documents are approved.
  5. Apply for municipal licenses and sector-specific permits (hospitality, tours, or retail). Expect a 2-6 week process depending on the permit type and inspection scheduling.
  6. Establish compliance programs for data protection, labor, and regulatory reporting. Implement within 1-2 months and review annually.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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