The Mercantile Registry is a Registry of a legal nature, with constitutive effects for certain subjects and contracts, that is, from its registration, the subjects acquire legal personality and the contracts come into force, "with the exception of companies in improvement"; being declarative for the rest of the acts, facts and circumstances.
The Mercantile Registry System is made up of:
- a) The Central Mercantile Registry is located in the city of Havana and has jurisdiction and competence throughout the national territory; and
- b) The Territorial Mercantile Registries, attached to the Ministry of Justice, with provincial competence and jurisdiction.
THE FOLLOWING SUBJECTS AND ACTS ARE REGISTERED IN THE COMMERCIAL REGISTRY:
- a) State companies in business development;
- b) Commercial companies with wholly Cuban capital and their branches in the national territory;
- c) Joint ventures, international economic association contracts and totally foreign capital companies;
- d) Foreign natural persons who, by virtue of current legislation, are authorized to operate in Cuba by themselves;
- e) Branches of foreign commercial companies;
- f) Other subjects and acts determined by the Executive Committee of the Council of Ministers.
DID YOU KNOW WHAT...? The entities must request their registration in the Mercantile Registry, within the month following the granting of the necessary documents for the practice of the seats. After this term, the rates corresponding to the registrable act are increased.
From the Present: New subject that can be registered in the Territorial Mercantile Registries, the NON-AGRICULTURAL COOPERATIVES.
ABOUT NON-AGRICULTURAL COOPERATIVES:
The constitution of the Cooperative is formalized by means of a Public Deed before a Notary, as an essential requirement for its validity, and acquires legal personality from its registration in the Mercantile Registry.
In the Notarial Public Deed of "Constitution of First Grade Non-Agricultural Cooperatives", a copy of the authorization issued by the local body of People's Power, agency or national entity and the statutes will be attached, all of which is attached to the deed. It will also contain proof of the disbursement of the minimum working capital.
The statutory modifications are formalized by means of a notarial Public Deed, where the Agreement adopted in the General Assembly is annexed. The deed must contain the new wording of the statutes that are modified or added, as well as the expression of those that are repealed or replaced.
Natural persons to be partners of a cooperative must meet the following requirements:
a. To be 18 years old;
b. To be a permanent resident in Cuba; and
c. To be able to carry out productive work or services that constitute their activity.
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