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Lawyers for banking, finance and capital markets in the Dominican Republic

Banks, trust companies, investment funds, lenders and fintechs operate under a dense framework of rules from the Junta Monetaria, the Superintendencia de Bancos and the Superintendencia del Mercado de Valores. We know it and apply it with commercial judgment.

The regulatory framework

The Monetary and Financial Law No. 183-02 and the regulations of the Junta Monetaria govern commercial banks, savings and loan associations, savings and credit banks and credit corporations under the supervision of the Superintendencia de Bancos. Law 249-17 on the Securities Market and the Superintendencia del Mercado de Valores regulate issuers, brokerage houses, fund managers and public offering trustees. Law 189-11 governs trusts and the mortgage market, and Law 155-17 imposes anti money laundering obligations on all of them.

We advise regulated entities and those who contract with them: corporate borrowers, developers structuring trusts, institutional investors and foreign lenders financing projects in the country.

  • Corporate and project financing, syndicated and bilateral
  • Security: mortgages, pledges, guarantee trusts and movable security
  • Cross border loans, withholding taxes and foreign debt registration
  • Real estate investment and public offering trusts
  • Securities issuance, investment funds and compliance before the SIMV
  • Banking regulatory compliance and anti money laundering
  • Collection and enforcement of security for financial creditors
  • Fintech, electronic payments and digital contracting under Law 126-02

Foreign creditors

Banks and funds from the United States, Europe and Latin America lending to Dominican companies need legal opinions on capacity and enforceability, security properly created and registered, and a clear enforcement plan if the credit deteriorates. We issue the opinions, create the security and, when it comes to it, enforce before Dominican courts.

Insurance and surety in banking

Financial products rest on insurance and bonds: borrower life insurance, bankers blanket bonds, fidelity bonds for financial institutions and performance guarantees. Our dual banking and insurance practice allows us to structure that protection and litigate over it with knowledge of both sides.

Frequently asked questions

Can a foreign bank lend to a Dominican company without a local license?
Yes, an individual cross border loan does not require a Dominican banking license, although withholding taxes on interest and debt registration, where applicable, should be addressed.
How is a mortgage foreclosed in the Dominican Republic?
Through the real estate attachment procedure of the Code of Civil Procedure or, for mortgages created under Law 189-11, through the expedited procedure that law establishes, with sale at public auction.
What is a public offering trust?
A trust whose securities are offered to the public through the securities market, supervised by the SIMV, used to finance real estate, infrastructure and energy projects.

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