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Category: News

Dr. Julio Brea Guzmán is Sworn in as President of Puerto Plata’s Center for Alternative Dispute Resolution

The Center for Alternative Dispute Resolution of the Puerto Plata Chamber of Commerce and Production swore in its new executive office for the period 2020-2022, which will be presided by Dr. Julio Brea Guzmán, partner of the firm Guzmán Ariza.

During his inauguration, Brea Guzmán promised to work on strengthening the pillars that sustain the CRC as an alternative system of justice to resolve commercial disputes in a transparent and reliable manner.

He called on teamwork to lead the CRC to its full growth potential, adding that “being the first tourist destination to have these means to provide confidence to investors, we have a social obligation with the CRC and with the Puerto Plata Chamber of Commerce; hence, we will strive to do an impeccable job so that the province earns a greater legal standing through arbitration.”

Guzmán Ariza Announces Partnership with ISFIN

Guzman Ariza announced its partnership with ISFIN, a global advisory organization active in 75 countries that acts as a business facilitator between the Americas’ emerging markets and the Middle East, African and Asian markets. Its members include the most innovative and highly regarded independent law, audit and accounting firms in the world.

Prof. Laurent Marlière, CEO of ISFIN said of this partnership that “Many of the Caribbean markets are in transition. They generally have been in the radar of the US, the UK and the European Union for being tax-incentive jurisdictions. Whilst these markets reinvent themselves, LatAm and the Caribbean are on the radar of South East Asian and Middle Eastern funds, and ISFIN, with its strong local partners, is best positioned to direct new foreign direct investments to the area.”

The Dominican Republic is among the main recipients of FDI in the Caribbean and Central America, increasing its inflow to USD 3 billion in 2019, up 19% from the previous year, with an ever-increasing participation of Chinese investments.

The firm stated that this partnership will be a great advantage for FDI in the Dominican Republic, as the country amplifies its efforts to attract new investors, adding that the Dominican government has taken the right approach towards FDI by providing logistical support for establishing operations in the country, as well as tax incentives for targeted industries including textiles, tourism, film and renewable energy; and by allowing foreign nationals accompanying their businesses and residing in the country to be covered by tax incentives as well. Furthermore, foreign investors can enjoy the same rights and obligations as local investors do.

FDI has played an important role in making the Dominican Republic a leading economic and tourist destination. Today, the country is the largest and fastest growing economy in Central America and the Caribbean and the most visited tourist destination in the area.

Guzmán Ariza Publishes the Third Edition of his Book on the Default Procedure in Civil and Commercial Matters

Lawyer and author Fabio J. Guzmán Ariza, president of the firm Guzmán Ariza, Attorneys at Law, has just published the third edition of his book “Procedures in Civil and Commercial Matters after the Reforms of Law 845 of 1978″, in celebration of 42 years since the law was decreed, on July 15, 1978.

This title, which is part of the Monografías de Editora Judicial Collection, was first published in 1981, reprinted in 1996 with a second edition published in 2010. This book is a classic of the Dominican legal bibliography, whose content has been updated and expanded to include the jurisprudence and doctrine of the last decade.

As a result of an extensive research, its content examines, critically and interpretively, the default procedure as modified by Law 845 of 1978 and, especially, those aspects that lend themselves to contradictory interpretations.

The author assumes that the default procedure constitutes a guarantee established by law for the benefit of the litigator who has not been heard in court. In addition, it deepens in the modes of protection available: the special procedure before the court, the particular requirements of the judgments issued in default and the appeal for opposition.

Fabio J. Guzmán Ariza is a lawyer, author, editor, and linguist. He currently manages the law firm Guzmán Ariza, is a member of the Dominican Academy of Language and is also editor of the Gaceta Judicial magazine and president of its editorial board.

He is author or co-author of the language of the Dominican Constitution; Models for SRL and EIRL; Directory of civil, commercial and real estate jurisprudence of the Dominican Republic; Real Estate Registry Law No. 108-05, with its modifications, regulations and complementary norms, settled and indexed; and the Dictionary of Dominican Spanish, among others.

President Danilo Medina Declares a National State of Emergency and Establishes a Curfew Applicable to the Entire Dominican Territory

President Danilo Medina decreed on July 20th, 2020 a national state of emergency for a period of 45 days effective Monday, July 20th and the daily curfew has been set for a period of 20 days, as follows:

  • Daily curfew has been set from Monday through Friday, from 7:00 p. m. to 5:00 a. m., and Saturdays and Sundays from 5:00 p. m. to 5:00 a. m. in the following provinces:
  1. Santo Domingo.
  2. Distrito Nacional.
  3. Santiago.
  4. San Cristóbal.
  5. La Vega.
  6. Puerto Plata.
  7. Duarte.
  8. San Pedro de Macorís.
  9. La Romana.
  10. San Juan de la Maguana.
  11. La Altagracia.
  12. Azua.
  13. Monseñor Nouel.
  14. Sánchez Ramírez.
  15. María Trinidad Sánchez.
  • Daily curfew has been set from Monday through Sunday, from 8:00 p. m. to 5:00 a. m. in the following provinces:
  1. Espaillat.
  2. Peravia.
  3. Barahona.
  4. Monte Plata.
  5. Valverde.
  6. Hermanas Mirabal.
  7. Monte Cristi.
  8. Samaná.
  9. Bahoruco.
  10. Hato Mayor.
  11. El Seibo.
  12. Dajabón.
  13. Santiago Rodríguez.
  14. San José de Ocoa.
  15. Elías Piña.
  16. Independencia.
  17. Pedernales.

Tax Office Extends Relief Measures for the Filing and Payment of Income Tax (ISR) and the Simplified Taxation Regime (RST)

1. Deadlines for submission and payment of the following tax obligations are extended until 7/29/2020:

  • Corporate Entities Income Tax (IR-2).
  • Corporate Asset Tax’s first installment with a closing date of December 31.
  • Related-Party Transfer Pricing Affidavit (DIOR) with a closing date of December 31.
  • Individual Persons and Undivided Estate Income Tax (IR-1).
  • Income Tax Affidavit for natural persons with sole proprietorships.
  • 1st installment on assets tax for natural persons with sole proprietorships.
  • Information affidavit for nonprofit institutions with a closing date of December 31.
  • Affidavit and payment of the 1st installment for taxpayers under the Simplified Taxation Regime (RST), in all of its forms.

2. Taxpayers, including corporate entities or individuals with sole proprietorships, are exempt from payment of Income Tax advances for the June 2020 fiscal period, with due date 7/15/2020. This provision does not apply for large taxpayers who remain operating.

3. Taxpayers with December tax year closings who have not yet filed the IR-2 affidavit will be required to pay the previous month’s advance, regardless of any partial reductions that may have been authorized.

Virtual Launch of the “Pan-Hispanic Dictionary of Legal Spanish” (“DPEJ”)

We are honored to share with you the virtual launch event for the online edition of the “Pan-Hispanic Dictionary of Legal Spanish” (“DPEJ”). The event took place on Thursday, July 2, 2020 with the participation of many prominent people involved in this project, including Pedro Sánchez, president of the Government of Spain; Santiago Muñoz Machado, director of the Royal Spanish Academy and president of ASALE, also director of this publication, and Carlos Lesmes, president of the Supreme Court and of the General Council of the Judicial Power of Spain, among others.

Don Fabio J. Guzmán Ariza, president of the law firm Guzmán Ariza [minute 36:22 of the video], was also in attendance, to say a few words as member of the Dominican Academy of Language, and of whom Don Santiago Muñoz Machado expressed this kind words: «all my affection and admiration for his great linguistic culture. He issues a newsletter every afternoon and every day about the good use of Spanish in the world of law, mainly, but also of the language in general».

You can also watch a short version of the event, including the speech of don Fabio Guzmán Ariza, in the next video.

You can access the online dictionary at https://dpej.rae.es/

FASE and Pa’ Ti Programs Updates

FASE Program Extension

  • The FASE program will be extended to cover the month of June.
  • Starting June 1st, companies will be allowed to have both furloughed workers under the FASE 1 program and workers on active employment contracts under the FASE 2 program.
  • Employees belonging to the following sectors will now be allowed to benefit from the FASE program: media, restaurants, ice cream shops, dental and aesthetic centers, private security companies, veterinary and universities, among others.

New Financial Support Program for Independent Workers (Pa’ Ti)

  • Pa’ Ti is a program aimed at workers in independent businesses who have not been able to operate due to social distancing measures. Those workers will be located through a database and will receive a monthly aid of RD$5,000 wired directly to their bank accounts.
  • Self-employed workers who are benefiting from any other government programs will not be allowed to benefit from the Pa’ Ti program.

President Danilo Medina Issues Decree Amending the FASE Program

Decree 184-20 modifies the FASE program:

1. Starting June 1st, employers will be allowed to have a part of their workforce benefit from FASE 1 (furloughed workers) and another part of their workers under FASE 2 (those kept on payroll), which was prohibited under the initial decree. A worker may only benefit from one of these two FASE categories at any given time.

2. Workers from colleges who continue to operate with the authorization of the Ministry of Labor may benefit from the FASE program.

3. Workers from the following sectors will now be allowed to benefit from the FASE program:

  • Dental centers.
  • Psychological centers.
  • Ice cream shops.
  • Restaurants.
  • Private clinical laboratories.
  • Dermatologist centers.
  • Plastic surgery centers.
  • Media.
  • Hair transplant centers.
  • Private security companies.
  • Non-profit organizations that already receive transfers from the central government.
  • Veterinaries.

4. Starting June 1st, FASE will be in force for a maximum period of 30 days and will be reviewed at the end of this period.