Average cost to incorporate a business in DR

brittopher1

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Apr 11, 2012
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I am looking to start a small business in the Puerto Plata area (which for obvious reasons I will not get into specifics) and received a legal fee estimate for the incorporation from a well know law firm. As this is the first law firm to respond I have nothing to compare the fee to.

What should I be looking to pay to incorporate a small business in the DR?

Which law firms have you used and/or heard good things about? (I received the quote from Pellerano and Herrera who were very professional and quick to respond).

Thanks in advance.

(Edit: Average cost was refering to legal fees, just to be clear)
 

brittopher1

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Apr 11, 2012
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Ah, I was quoted at 10x the latter price. Do you know of a law firm who will incorp a business in the $1,200 to $2,000 range?

Thanks again for the response.
 

SosuaJoe

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Feb 24, 2005
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Wait: you're being quoted $12,000 to $20,000 DOLLARS to incorporate ONE company for a small business? That is the very definition of ridiculous.

Prices will vary according to the type of company as well as the registered capital (as there are taxes to be paid based on that number). Some firms will charge more, some less, but no way does that number get anywhere near US$12K, let alone $20K
 

brittopher1

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Apr 11, 2012
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Yes I was quoted at $20,000 US for the incorporation. Taxes fees etc were not included in that price.
 
Feb 7, 2007
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If you do it yourself, about 10, 000 pesos (250 USD) including gas and lunch money.
If you use a lawyer or incorporation company, about 25,000 to 35,000 pesos.

I incorporated myself 2 Dominican corporations. You can search the posts for how-tos.
 

Bronxboy

Well-known member
Jul 11, 2007
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WHAT!?!?!?!?!?!?!

What kind of Corporation and what level of capitalization?

HAHAHAHA

$600.00 the most.

I used to charge $450.00

The kit would cost around $75. Filing fees around $100 and the rest was profit.
 

brittopher1

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Apr 11, 2012
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This is for a small business that will be purchasing about 3.5 ish acres of land. Very minimal capital investments apart from the land.

Again, thank you all for your informative responses!
 

cobraboy

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Jul 24, 2004
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This is for a small business that will be purchasing about 3.5 ish acres of land. Very minimal capital investments apart from the land.

Again, thank you all for your informative responses!
How much is the land? That is part of the "social capital." With transfer fees, etc., the cost could go up, but US$12,000-20,000 seems waaay high...
 

brittopher1

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Apr 11, 2012
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We haven't decided on an exact plot yet but the price range we are looking at is from ~$150,000US to $350,000US.
 
Feb 7, 2007
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Worst case scenario, would be 1% of assets, or 1% of 350k USD = 3.5k USD.

That would come in your SECOND year, (you increase assets) unless you want to put up the cash into assets straight when you incorporate (but why would you)? Because you pay 1% assets fee when you incorporate. Most companies incorporate with 100.000 pesos and pay 1.000 pesos fee to DGII (tax office).

Incorporation Cost:
5000 pesos ONAPI (roughly) Exact cost may be couple of hundred pesos more or less - to register business name
1000 pesos DGII - assets - initial capital tax
500 pesos - notary (sealing the already drafted resolution)
2500 pesos - 3000 - Registro mercantil (business register) depending on province where you register

That's IT!!!
 

brittopher1

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Apr 11, 2012
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Thank you all for the detailed responses! They helped more than I can say.

I'm glad we asked instead of handing over $20,000US.
 

Mauricio

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Nov 18, 2002
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Just to add what I found out today at the chamber of commerce:

EIRL: 2500 pesos for the registro mercantil + 5000 pesos if you want to register at Onapi and the fee of a public notary to legalize a declaration you need. You will need to make a bank deposit on your private account for any amount you want and bring a copy of the statement. Chamber of commerce takes 3 days, DGII will take 5 days to give you a RNC. (At no cost).

SRL: same as above + a tax of 1000 pesos, to be paid at the DGII before getting the 'registro mercantil'. Even though you need a minimal capital of 100,000 pesos when you area SRL, you don't need to deposit it anymore.

I thought the easiest way was founding an EIRL, but found out today that SRL is even easier.

The Onapi thing is optional so basically you can be done for 5000 pesos (125 dollars).

If you want to buy an existing company you pay about 1000 usd but while the process of founding a company is easy and fast that doesn't make too much sense, unless you need a company that has certain licenses that take a while to get.
 
Feb 7, 2007
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Mauricio: you still need to pay initial capital tax on EIRL capital as well (minimum 1000 pesos). You also absolutely need to register business name with ONAPI prior to registering at Registro Mercantil, even for EIRL. I do not think these requirements have changed. You are correct about having to deposit money into the bank before you apply for Registro Mercantil and attach the stub from bank into your file, the money is released after you present the bank with original Registro Mercantil title (2-3 days).

Recently I advised one DR1-er about EIRL incorporation, and he already had a trade name registered in ONAPI. I do have a complete sample documentation for EIRL and SRL incorporation which only need to be filled-in and slightly modified to suit each company's need (e.g. business activities the company will engage in).

Here is the copy of the PM I sent:

1) Get yourself a friendly local notary who will notarize Acta Notarial. You will need to fill in his/her info, up and down on the document
2) Estatutos and Acta Notarial are mutually connected, actually estatutos form a PART of Acta Notarial, but also it's a separate document on its own (doe snot need to be notarized).
3) You will need to go to DGII and pay the initial tax (use document Liqimpuesto)
4) You will need to go to a bank to deposit your initial capital (in this case of EIRL it's 10.000 pesos) use document Cuenta Provisional. (the money will be blocked until you present registro mercantil, or obout 3-5 business days).
I recommend you use Banco leon as the are efficient at this.
5) With originals and copies of all the documents (sign all copies with Copia Verdadera de Original and your initials) you go to Registro Mercantil. You may be required to pre-fill registro mercantil form on your computer and send overby email (done this way in Higuey) so inquire with your local Registro Mercantil ASAP so you ahve everything ready when you submit documentation to them. The originals will be sealed, and returned to you, copies will be left there.

Documents to bring to RM:
a) Onapi trade name,
b) Acta Notarial,
c) Estatutos,
d) A receipt given to you by DGII for initial tax (attach LiqImpuestos that will be sealed by them, but not really necessary),
e) A receipt from the bank on your blocked deposit (also you can attach the Carta Cuenta Provisional),
f) The filled out form for registro mercantil.

You will pay the fees there (about 2000 pesos, each registro ha sits own fees) or ina bank. After 2-3 days your documents will be ready for pickup.

Go to the bank where you deposited the money and bring original Registro Mercantil with you. They will make copy of RM and send it to legal department, which will authorize release of funds. Takes about 1 hour. Your money will be released (a bank will charge a small fee, something like 300 or 500 pesos) and off you go.

Then you need to apply for RNC# at DGII, using form RC-02 (I also sent you a filled out sample)

It will be about 1-2 weeks to get your RNC.

After you have your RNC, you sign up for Oficina Virtual on DGII webpage. You fill out your company and responsible representative personal data (persona juridica option) and you will get your access in about 1-3 business days.

Your oficina Virtual will come with 10 (I think) comprobantes fiscales, initial issue, so you can start invoicing.

Once you are established (office, shop, home office) you apply for Comprobante Fiscal (to go beyound the number of initial 10). You will be visited by a DGII officer at your place of business, pics will be taken, etc. Home office is OK if it looks like home office. e.g. computer, phone, desk, etc. (Make sure the address that they visit you must match the one on RC-02).

After about 1 week you will get your comprobante fiscales authorized and you download them through the Oficina Virtual 9if you do electronic invoices) or send them to the authorized printer shop (if you will use preprinted ones).





Also having read Mauricio's post, I am really curious about what you say about SRL not having to deposit the money in the bank anymore. The bank deposit for money requirement was included in the new law on companies that was enacted couple of years ago. Can you double confirm that with Registro Mercantil? It is a very interesting information! Btw what area Registro Mercantil did tell you this?
 
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Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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www.drlawyer.com
Setting up a business structure in the DR is not something you should do by yourself without proper legal advice. How do you know which structure is best for your business? How do you know the bylaws you've copied from somewhere are even correct? How do you know how to keep your company in compliance?

Incorporation is best managed by an experienced business local attorney, and carefully monitored by you. If your attorney does not guide you in selecting the best company structure for your needs by explaining the advantages and disadvantages of the various options, change your attorney. Make your selection only after you are well-informed.

Prices for incorporation vary according to company capitalization. Total fees and expenses for low capitalization companies usually range from 1K to 2K.