Digital Notary: The New Regulation on Electronic Signatures and Documents in the Dominican Republic

The digital transformation has also reached the notarial function in the Dominican Republic. With the approval of Resolution No. 50-2024, the Supreme Court of Justice has implemented the Regulation for the Use of Digital Documents and Signatures in the Exercise of Notarial Functions, which will come into effect within a maximum of twelve months from its publication. This regulatory framework represents a landmark change in the preparation, preservation, and validation of notarial acts, ensuring legal certainty in a digital environment.

Legal Framework and Objectives

The regulation is based on Law 126-02 on Electronic Commerce and Law 140-15 on the Notarial Profession, which recognize the legal validity of digital documents and signatures. Its primary purpose is to regulate the use of secure digital signatures in notarial documents, equating their evidentiary value to that of paper instruments.

Thus, notaries will be able to prepare deeds, contracts, powers of attorney, and other instruments in digital format, while safeguarding the guarantees of authenticity, integrity, and confidentiality.

Guiding Principles

The regulation rests on fundamental principles aimed at balancing innovation with legal certainty:

• Optionality: the notary may choose between digital or physical documents.

• Integrity and authenticity: secure and certified digital signatures are required.

• Protection of personal data: obligation to safeguard the privacy of the parties.

• Traceability and transparency: each notarial act must be subject to tracking.

• Standardization: unified criteria for digital notarial practice.

Digital Notarial Documents

Digital notarial documents enjoy full legal validity, provided they are signed with a secure digital signature recognized by Indotel.

The regulation allows parties to appear either in person or remotely, with identity verification through electronic evidence. In addition, notaries may issue authentic digital copies with the same legal value as those issued on paper.

The Electronic Notarial Protocol

One of the most significant innovations is the creation of the electronic notarial protocol. This replaces the traditional physical protocol and will be kept by the notary but deposited in a national electronic repository administered by the Dominican Notaries Association.

In this way, the preservation, confidentiality, and immutability of the documents are ensured, with the possibility of recovery in the event of loss or damage.

Management and Oversight

The administration of the digital system will be entrusted to a Notarial Management Council, composed of:

• The President of the Supreme Court of Justice (who presides over it).

• The Attorney General of the Republic.

• The President of the Dominican Notaries Association (serving as secretary).

This body will regulate the use of the digital platform and oversee the proper implementation of technological tools.

Furthermore, the Supreme Court of Justice, the Public Prosecutor’s Office, and the General Directorate of Internal Revenue will retain authority to inspect digital notarial documents.

Benefits of the Digital Signature in Notarial Practice

The regulation not only modernizes notarial practice but also offers significant advantages:

• Streamlined procedures and reduced processing times.

• Enhanced security and transparency in the execution of acts.

• Remote accessibility, fostering digital inclusion.

• Reduced paper use, with a positive environmental impact.

• Strengthening of e-commerce and legal certainty in business transactions.

Conclusion

The incorporation of secure digital signatures in notarial practice marks a turning point in the Dominican legal system. This regulation not only addresses the need for modernization but also positions the country in line with international trends in the digitalization of legal services.

For citizens and businesses, this means greater efficiency and confidence in the formalization of legal acts. For notaries, it represents both a challenge and an opportunity to update their practice, thereby reinforcing their role as guarantors of public faith in the digital era.

Introduction

In recent years, the rental of residential and commercial properties has become a key element in the urban development of the Dominican Republic. However, this widespread practice continues to be governed by regulations that date back more than five (5) decades, creating a growing disconnect between the law and the realities of today’s real estate market. In response to this situation, on August 19, 2024, a bill was submitted to the National Congress that promises to significantly transform the rental landscape in the Dominican Republic. This initiative aims to update and modernize a legal framework that has long been outdated, affecting both landlords and tenants.

At Alburquerque Abogados, we understand the importance of this bill and aim to explain it clearly and accessibly, highlighting its key points, the potential impact on the real estate market, and how it promotes a balance between the rights of the parties and the broader social interest.

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Purpose and Justification of the Bill

The main objective of the law is to establish a modern regulatory framework governing the relationships between landlords and tenants, ensuring greater legal certainty, contractual clarity, and effective conflict resolution mechanisms. The bill seeks to:

• Establish clear rules regarding the rights and obligations of both parties.

• Encourage investment in residential and commercial rentals.

• Streamline legal processes related to rentals through specialized courts.

• Promote transparency and reduce unnecessary conflicts.

The proposal responds to the current context of urbanization, housing shortages, and the growing demand for residential and commercial spaces—all within a fragmented and outdated legal system that hinders trust and investment.

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Scope and Exclusions

This law will apply to all rental contracts for real estate intended for residential, commercial, or other lawful purposes. However, it explicitly excludes certain cases regulated by specific or distinct regulations, such as:

• Rural farms and land

• Officially registered lodging establishments

• Free zones and temporary commercial spaces (fairs, markets)

• Rentals for periods shorter than thirty (30) days

• State-owned properties and parking spaces

These exclusions ensure that the law focuses on traditional leasing without interfering with other special regimes.

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Formalization of Rental Agreements

Rental contracts must be in writing and include basic information such as the identity of the parties, a description of the property, rental price, payment terms, duration, and the purpose of the lease. It also allows the inclusion of compliance insurance or special agreements, such as real estate leasing. This formalization reduces ambiguity, protects both parties, and facilitates dispute resolution.

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Rent, Guarantees, and Deposits

The parties may freely agree on the rental price, provided that the amount, payment location, and method are clearly stated. Tenants have the right to receive a payment receipt unless otherwise agreed. The rent may be adjusted annually, with a maximum increase of ten (10%) percent of the previous amount, based on inflation data from the Central Bank. Landlords may require up to three (3) months’ rent as a deposit, either in cash (to be deposited in the Agricultural Bank) or in the form of a surety. The contract and deposit must be registered to ensure traceability and legal certainty. In case of disputes, the specialized Justice of the Peace Court will resolve the matter.

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Grounds for Termination and Subrogation

A lease may be terminated upon expiration, improper use of the property, destruction of the property, or serious breach of contract. If neither party expresses the intent to end the lease at its expiration, the agreement is automatically extended under the same conditions. In the event of the tenant’s death, the contract may continue with direct relatives or cohabitants, provided they demonstrate the ability to pay, thereby ensuring family stability and legal continuity without requiring a new agreement.

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Obligations of the Parties

Landlord’s Obligations:

Landlords must deliver the property in proper and habitable condition, carry out necessary structural repairs, and ensure access to basic services. Discriminatory conditions based on ethnicity, religion, sexual orientation, nationality, or other human rights-protected categories are strictly prohibited.

Tenant’s Obligations:

Tenants are required to maintain the property, make minor repairs, respect the agreed-upon use of the property, refrain from making modifications without permission, and return the property in good condition at the end of the contract. Subleasing is prohibited without the landlord’s written consent.

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Eviction Procedures and Special Jurisdiction

Eviction procedures will include a mandatory preliminary conciliation stage before a judicial officer. If no agreement is reached, the case may proceed before a specialized Justice of the Peace Court for rental and eviction matters.

This court will handle disputes related to non-payment, contract termination, contractual violations, and deposit-related issues. A maximum term of thirty (30) business days is established for issuing a ruling, and the use of public force is permitted to enforce judicial decisions.

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Rulings, Appeals, and Role of Judicial Police

Eviction rulings will be immediately enforceable. In the event of an appeal, execution will only be suspended if a financial guarantee equivalent to the claimed amount is deposited.

Additionally, the Central Directorate of Judicial Protection Police is established to protect judges, parties, and property during the enforcement of eviction rulings, seizures, or other measures. This reinforces the enforcement of the law within a framework of legality, safety, and order.

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Conclusion

The proposed Rental Law represents a major step forward in modernizing the legal framework governing real estate in the Dominican Republic. This legislative initiative not only aims to put an end to outdated and fragmented regulations that have long generated insecurity and informality in landlord-tenant relations, but also seeks to establish a coherent, functional legal structure aligned with the constitutional principles of fairness, legality, and decent access to housing.

Passing this law would substantially strengthen legal certainty in leasing operations, by promoting clear rules, efficient procedures, and accessible, rights-based dispute resolution mechanisms. By introducing new obligations for both parties, limiting arbitrary increases, formalizing written contracts, and guaranteeing more orderly and specialized judicial processes, it creates a more favorable environment for both property owners looking to invest and individuals seeking a place to live or start a business.

At Alburquerque Abogados, we welcome this legislative proposal with optimism and reaffirm our commitment to guide our clients—landlords and tenants alike—through a clear understanding and proper implementation of its provisions. We will closely follow its progress in the National Congress and stand ready to provide expert legal assistance throughout any contractual, judicial, or administrative process this new law may involve.

We invite you to read the article by our partner Gina Hernández Vólquez in the digital magazine of the Spanish Chamber of Commerce in the Dominican Republic

We are pleased to invite you to read the latest article by our partner Gina Hernández Vólquez, Partner of the Corporate and Investment Practice at Alburquerque Abogados Consultores, published in the March edition of the digital magazine of the Official Spanish Chamber of Commerce in the Dominican Republic.

Entitled “Corporate Disputes and Business Mediation: The Key Role of the Corporate Lawyer”, Gina offers a clear and insightful analysis of the strategic role corporate lawyers play in preventing and resolving internal business conflicts, as well as the value of mediation as an effective tool for preserving commercial relationships and ensuring business sustainability.

This article is a must-read for business owners, executives, and legal professionals interested in strengthening corporate governance and promoting stable and collaborative business environments.

📖 You can read the full article in the March edition of the Chamber’s digital magazine:

https://www.camacoes.org.do/portfolios/revista-marzo/

Through this ruling, the Third Chamber of the Supreme Court of Justice (SCJ) sets a fundamental precedent regarding the application of Law No. 158-01, the Law for the Promotion of Tourism Development in low-development areas and new poles in provinces and localities with great potential. The decision is based on Article 3 of said law, which states that companies engaged in tourism activities in designated tourist poles may qualify for exemptions from income tax, municipal and national incorporation taxes, import duties, among others, which have a decisive impact on the operations and profitability of these companies.

This is significant because the ruling establishes that not all activities linked to tourism automatically qualify for the tax benefits of the law, which by nature is restrictive and must align with what the State promotes and considers cost-effective for the country.

Upon reviewing Article 3, it is clear that airport infrastructure, air transportation, and airport services are excluded from the incentives, as the purpose of the legislation is to promote activities that generate investment, employment, and foreign currency inflows into the Dominican Republic. This is further confirmed by Law No. 195-13, which amends Law 158-01 and also does not include such companies as eligible for the exemptions. In this regard, the ruling states that: “The definitive classification authorization was issued illegally by exceeding the sectors that may be covered by the tourism incentive regime, which does not include airport infrastructure, air transport, or airport services.”

It is also important to highlight that the ruling emphasizes the requirement to meet all conditions for classification as a tourism project in order to receive such benefits, notably including the valid environmental authorization issued by the Ministry of Environment and Natural Resources. The ruling clearly states that “no incentive shall be granted if the investor does not hold the proper environmental license issued by the Ministry of Environment and Natural Resources.”

Furthermore, it was noted that there was no evidence that the project had been properly disclosed to all stakeholders through any form of mass communication, despite its far-reaching implications. This is tied to the regulation of the same law, which mandates at least one public consultation in the area of influence of the project.

This ruling marks an important precedent for the tourism sector, as it reinforces the provisions of the law and clarifies which companies within the sector are eligible for the incentives.

By:

Lyath Jimenez

The Dominican Republic has become a prime destination for foreign investment, particularly under the Free Trade Zone regime, which offers businesses significant tax incentives and strategic advantages.

As our Partner of Corporate Business & Investment, Gina Hernández, highlights in her latest article for LIR República Dominicana (Legal Industry Review):

📢 “The country has established itself as a major logistics hub in the Caribbean and Central America. Along with the modernization of local infrastructure, workforce professionalization, and incentive policies, this has fostered its development.”

In her article, “Benefits of Investments Under the Free Trade Zone Regime in the Dominican Republic,” featured on pages 34 and 35 of LIR, Gina analyzes how these factors have driven sector growth and the opportunities they present for investors.

📖 Read the full article here: https://thelegalindustry.com/dominican-republic/