Best Investment & Business Structuring Lawyers in Punta Cana

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Gil Law Group - Punta Cana

Gil Law Group - Punta Cana

30 minutes Free Consultation
Punta Cana, Dominican Republic

English
Spanish
Gil Law Group, based in Punta Cana, Dominican Republic, offers specialized legal services in real estate, business, commercial, and civil law. Led by founder Yoandry Gil, the firm is dedicated to providing clients with reliable and knowledgeable representation in property transactions, business...
Michel Abreu Abogados (Bávaro)
Punta Cana, Dominican Republic

English
Michel Abreu Abogados, established in 2000, operates as a boutique law firm in Bávaro, Dominican Republic, dedicated to delivering prompt and professional legal services. The firm emphasizes personalized attention, ensuring clients receive detailed guidance throughout their legal processes,...
Punta Cana, Dominican Republic

Founded in 2016
English
Hache Cuevas & Asociados is a multidisciplinary law firm based in Punta Cana, Dominican Republic, offering specialized legal counsel to individuals, national and international businesses, and foreign investors. The firm focuses on corporate and commercial law, real estate law, immigration law, and...
OCC LAWYERS
Punta Cana, Dominican Republic

Founded in 2000
50 people in their team
ABOUT OCC LAWYERSWe are a law and accounting firm of multilingual professionals specializing in corporate law, real estate law, and tax and finance. With two offices located in the tourist area of Bávaro-Punta Cana, our firm was established to offer comprehensive services and support to companies...
Punta Cana, Dominican Republic

English
Corbal Inversiones Punta Cana Lawyer stands out in the Dominican Republic for its deep specialization in administrative and business law. The firm’s legal team brings extensive experience navigating the complex regulatory landscape that governs projects and investments in Punta Cana and the...
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1. About Investment & Business Structuring Law in Punta Cana, Dominican Republic

Punta Cana operates under the Dominican Republics framework for investment and business structuring, which prioritizes clear corporate governance, foreign investment protections, and regulatory compliance. The local market is heavily influenced by tourism related projects, real estate developments, and service oriented businesses that attract both domestic and foreign capital. Investors should understand how local corporate forms, licensing regimes, and tax rules affect ownership, management, and returns.

Key aspects include choosing the appropriate Dominican corporate structure (for example a Sociedad Anónima or a Sociedad de Responsabilidad Limitada), aligning with the Foreign Investment regime, and obtaining the necessary permits from tourism, construction and municipal authorities. The regulatory environment emphasizes transparency, compliance with environmental standards, and adherence to tax reporting requirements. A qualified attorney can navigate these requirements to minimize risk and delays.

In Punta Cana, the integration of land development, hotel operations, and service businesses often requires coordination across several authorities, including tourism regulators and local municipalities. Investors may also structure cross border holdings through Dominican entities to manage profits, repatriation, and governance. Working with a local lawyer helps ensure the structure supports long term growth and regulatory compliance.

2. Why You May Need a Lawyer

  • Scenario 1 - Forming a Punta Cana hotel development with foreign partners: A lawyer helps select the right corporate form and drafts shareholder agreements. This ensures control provisions and profit sharing are enforceable under Dominican law and protect minority interests.
  • Scenario 2 - Acquiring land for resort development and creating an SPV: Due diligence on land titles, encumbrances, and local transfer procedures is essential. An attorney coordinates with notaries and the Registro de Títulos to avoid title defects.
  • Scenario 3 - Securing construction, environmental, and tourism permits: A lawyer guides the process for municipal licenses, environmental impact assessments, and tourism authorization from MITUR and local authorities to prevent project suspensions.
  • Scenario 4 - Structuring a foreign investment to obtain national treatment and repatriation: An attorney ensures compliance with the Foreign Investment regime and implements mechanisms for profit repatriation and currency transfer under Dominican law.
  • Scenario 5 - Establishing a Free Zone or export oriented service in Punta Cana: A lawyer explains eligibility, licensing requirements, and ongoing compliance under the Free Zones regime to maximize tax and regulatory benefits.
  • Scenario 6 - Ongoing compliance and annual reporting requirements: A legal counsel sets up corporate housekeeping, tax filings with the DGII, and annual minutes to avoid penalties and maintain good standing.

3. Local Laws Overview

Ley de Inversión Extranjera No. 16-95 (Foreign Investment Law) regulates foreign investment in the Dominican Republic and provides guarantees such as national treatment, access to dispute resolution, and repatriation of profits. The implementing regulations and subsequent administrative guidance clarify procedures for registering investments and protecting investor rights. This framework is central to Punta Cana projects with foreign capital.

Foreign investment protections and the right to repatriate profits are established under the Foreign Investment regime, with implementing rules issued by the appropriate ministries and the investment council.

Ley de Zonas Francas No. 8-90 (Free Zones Law) governs the establishment and operation of export oriented zones, including service and manufacturing activities. Many Punta Cana projects leverage Free Zone incentives for tax exemptions and simplified labor regimes, provided compliance requirements are met. The law is administered through the national investment bodies and free zone authorities.

Codigo de Comercio and Ley de Sociedades Comerciales (Commercial Code and Corporate Law) regulate how Dominican companies are formed, operated, and dissolved. Most investment structures in Punta Cana use either a Sociedad Anónima or a Sociedad de Responsabilidad Limitada, with specific rules on shareholding, governance, and liability. These statutes shape corporate governance, director duties, and shareholder rights.

Código Tributario and related tax regulations (Tax Code and DGII guidance) govern corporate taxation, value added tax, and other levies affecting investment returns. Understanding tax registrations, withholdings, and reporting obligations is essential for profitability and compliance. Authorities such as DGII publish official guidance and filing requirements for businesses.

Recent regulatory trends emphasize streamlined licensing, digital registration, and enhanced transparency in land and corporate transactions. The Dominican government emphasizes improving the ease of doing business through ProDominicana and related agencies, while maintaining robust regulatory oversight. Always verify current rules with official sources before structuring an investment plan.

4. Frequently Asked Questions

What is the Foreign Investment Law and why does it matter?

The Foreign Investment Law sets formal protections and guarantees for foreign investors, including national treatment and profit repatriation. It interacts with regulatory rules for land, ownership, and corporate structures in Punta Cana. Understanding it helps you plan risk and returns effectively.

How do I choose between a Sociedad Anónima and an SRL for my project?

A Sociedad Anónima supports share transfer flexibility and is common for larger ventures, while an SRL offers simpler governance and stricter ownership limits. A lawyer can model ownership, control, and liability to fit your capital structure and exit plans. Tax and regulatory implications vary by form.

What are the main permits required to start a hotel project in Punta Cana?

Key permits include construction licenses, environmental approvals, and tourism operator permissions. Your attorney coordinates with MITUR, the municipal government, and environmental agencies to avoid delays. Permit timelines vary by project size and location.

Do I need local representation to purchase land or a building in Punta Cana?

Yes. Dominican law generally requires local representation for land transactions, including notarial steps and title registration. A local attorney ensures due diligence, title clean up, and proper transfer at the Registro de Títulos. This reduces the risk of title defects.

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

Company registration typically takes 1-3 weeks after documents are ready, assuming no complications. Certain licenses may add 2-8 weeks depending on sector. An experienced attorney helps align filings to minimize delays.

What is a typical timeline for obtaining a construction permit in Punta Cana?

Expect a multi-step process including planning approval, environmental review, and municipal licensing. A lawyer coordinates the steps and manages communication with the local authority to reduce backlogs. Timelines depend on project scope and compliance readiness.

Should I consider a Free Zone structure for an export oriented service?

If your business targets export markets, a Free Zone may offer incentives and simpler export processes. Compliance with the Free Zones regime is essential for benefits. An attorney helps determine eligibility and handles filings.

What costs should I expect when setting up a Dominican corporate entity?

Costs include notary, registration, and annual maintenance fees, plus tax registrations with DGII. A lawyer provides a detailed budget for formation, licenses, and ongoing compliance. Fees vary by entity type and sector.

How do I protect my investment from regulatory changes?

Implement governance policies, draft protective shareholder agreements, and monitor regulatory updates through your attorney. Regular reviews help adapt to changes in tourism licensing, tax rules, or foreign investment guidelines. Stay informed with official notices.

Is there a difference between local and foreign ownership rules for land near coastlines?

Ownership rules can vary by location and land type; foreign ownership exceptions or approvals may apply for certain zones. Consult a Dominican attorney to map ownership strategies and required permissions. Early due diligence reduces the risk of later restrictions.

Can I use an international entity to invest in Punta Cana?

Yes, many projects use offshore or international structures through Dominican subsidiaries to meet regulatory and tax planning goals. A local attorney ensures compliance with Dominican corporate and foreign investment laws. Cross border structures should align with local reporting rules.

5. Additional Resources

The following official organizations provide authoritative guidance on Investment & Business Structuring in the Dominican Republic:

  • ProDominicana (investment promotion and facilitation for foreign and local investors) - prodominicana.gob.do
  • Ministerio de Industria y Comercio (MIC) (regulates industrial activity and commercial licensing) - mic.gob.do
  • Dirección General de Impuestos Internos (DGII) (tax administration and compliance guidance) - dgii.gov.do
  • Gobierno de la República Dominicana (portal oficial y noticias sobre leyes y regulaciones) - gob.do

For specific regulatory texts and official guidance, consult the government portals and the Ministry of Tourism as needed for Punta Cana projects.

6. Next Steps

  1. Define your investment objectives and select the Punta Cana project type (hotel, real estate, services, etc.).
  2. Identify a licensed Dominican attorney with experience in foreign investments and real estate in La Altagracia province.
  3. Conduct initial due diligence on property, titles, and regulatory requirements with your lawyer.
  4. Choose the appropriate corporate structure (Sociedad Anónima or SRL) and draft key documents (shareholder agreement, governance policies).
  5. Prepare and file all registrations (Registro Mercantil, DGII, and licensing bodies) and obtain necessary permits.
  6. Establish compliance programs for tax filing, annual meetings, and regulatory updates with a clear calendar.
  7. Review the structure annually or when new regulations affect your investment and adjust with legal counsel as needed.

Lawzana helps you find the best lawyers and law firms in Punta Cana through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Investment & Business Structuring, experience, and client feedback.

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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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