Procedures and Services

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:

1. a) The Central Mercantile Registry is located in the city of Havana and has jurisdiction and competence throughout the national territory; and
2. 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:

1. a) State companies in business development;
2. b) Commercial companies with wholly Cuban capital and their branches in the national territory;
3. c) Joint ventures, international economic association contracts and totally foreign capital companies;
4.  d) Foreign natural persons who, by virtue of current legislation, are authorized to operate in Cuba by themselves;
5.  e) Branches of foreign commercial companies;
6.  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.

Unit of the Ministry of Justice whose social function is to register the Testamentary Parts and Acts of Declaration of Heirs that are granted in any of the country's notary offices, as well as any modification or annulment of these notarial instruments by Judicial Resolution.  This registration is produced ex officio by the Registry, that is, natural persons should not make any management.

It also certifies the existence or absence of wills or declaration of heirs, for this request it will be necessary to present: Death Certificate of the deceased and 2 postage stamps worth $5.00.  Anyone can apply.

If the intention is to update an Act of Declaration of Heirs, it will be necessary to present the act in question and $10.00 in postage stamps, which can be 1 stamp of $10.00 or 2 of $5.00.

The Act of Declaration of Heirs that contains in its margin expression of the volume and folio will be valid for a term of one year from the date of authorization.

The certifications issued are valid for 6 months, after which period, if necessary, they must be requested again.  The explanation is that any of the notarial instruments can be judicially modified or annulled.

To process your request, you must go to the Provincial Directorate of Justice located at 41, General Moncada Street between Borja del Castillo and General Tamayo Streets, Bayamo, or to the nearest Collective Law Firm.

You can also apply online, through the Ministry of Justice website: www.minjus.gob.cu

What is a criminal review?

It is a special and exceptional procedure, whose nature is conceived as a means of challenging final sentences and free dismissal orders issued by the popular courts of any instance and territory provided that:

• A custodial sentence has been imposed, whatever its measure.
• A fine or accessory section sanction has been imposed, particularly severe, benign.
• The accused has been wrongfully acquitted.

What people can write to request the special review procedure and whom to promote?

Taking into account the grounds for criminal review, the following may request it:

•  The sanctioned himself without any representation.
•  The relative of the sanctioned person.
•  The victim of the events.
•  The aforementioned by legal representation.
•  The prosecutor.
•  Others who have affinity with the sanctioned or the victim.

Who promotes?

• The Minister of Justice.
• The President of the People's Supreme Court.
• The Attorney General of the Republic.

Requirements that the written application must contain so that it can be filed

• The data that identifies the cause that requests to be reviewed, including therefore the names and surnames of the applicant, name of the sanctioned person, number and year of the case, crime, sanctioning court, sanction imposed, address of the sanctioned person (where he is serving the sanction) and concretely determined and understandable disagreements.
• When the applicant is the person of a lawyer, he must present in his brief, in addition to the above, the cause that he considers to protect the right of his client and the arguments on which the defense is based.

Other data of interest:

• The term to respond to the petitioner is 90 calendar days.

The requests for review of cases that correspond to the Military Courts are not the responsibility of the Provincial Directorates of Justice, only the request is transferred to the corresponding instance.

The Compensation Fund is an official institution created by the Social Defense Code since April 4, 1936, and its mission is to enforce Civil Responsibilities for Natural Persons.

Among its functions are:

• To receive and review copies of judgments related to civil liability.
• To send requests to delinquent debtors so that they appear to compensate their debt.
• To receive notifications of compensation to creditors, we collect and issue proof of payment.
• To deliver checks to compensate creditors which are issued by the Central Fund.
• To reconcile with prisons for inmates who owe civil liability.

In our territory, the Provincial Office for the management of collections and payments is located in the Provincial Directorate of Justice, located at 41, General Moncada Street between Borja del Castillo and General Tamayo Streets, Bayamo

Obligations of the Debtors:

Without the need for prior requirements, all debtors who are aware of their responsibility must appear at our office within 30 business days after the firmness, otherwise they have a surcharge of 10% of the amount of the debt according to article 11 of the Law 1258 of 1954. If pensions do not have this surcharge, it is the fixed fee established by the court.

Obligations of Creditors:

Victims have 90 business days from the notification made by the sanctioning court to claim their compensation, otherwise they lose the right.  If they waive the collection or fail to request it within the established term, it does not mean that the sanctioned person is released from paying the amount of civil liability to the Compensation Fund.

In the case of payment of creditors, it will be made when the debtor settles his debt, deducting 20% ​​of the debt set by the court, reflected in article 7 of the aforementioned Law.  In the case of pensions, the victim of the crime receives the full payment of the fixed pension.