Author: Dimisel Hernández, associate.
The General Directorate of Internal Taxes (DGII) has issued General Norm No. 07-2022 dated March 29, 2022, which regulates the form of presentation, registration and safekeeping of certified proof of payment by Notary Publics. The same becomes effective 180 days after its publication.
Rule 07-2022 provides that Notaries Public may only execute notarial acts and legalize the signatures of an act under private signature when they are provided with the certified evidences of payment used for the settlement or payment of the transactions and at the thresholds indicated in the table below:
By way of example, the following may be reliable proof of payment:
- Copy of the paid check.
- Copy of the receipt of the national or international transfer.
- Receipt of the deposit to account.
- Credit or debit card payment receipt.
- Certification issued by a national or international bank (apostilled and translated).
- Appraisals for exchange cases
The reliable proofs of payment must indicate, at least: name of the parties, concept of the operation, date, amount and instrument of payment used, identification of the property involved in the operation.
In addition to the legal formalities required for notarial acts, the notary must indicate in the act the means of payment. In the cases of acts under private signature, prior to certifying the signatures of the parties, the notary must verify that the act indicates the reliable means of payment.
Notaries are required to keep the certified proofs of payment for a period of at least 10 years.
Failure to comply with the provisions of Rule 07-2022 will be sanctioned in accordance with the provisions of numeral 11 of Article 4 of Law 155-17; consequently, notaries public who do not apply the rules set forth in Rule 07-2022, may be revoked from their position as public officer.
For more information on DGII resolutions in the Dominican Republic, please contact us at [email protected] or +1.809.566.7111.
