Free Zone legal status

Englishman · #1 11-08-2003, 03:50 PM

Hi, this is Englishman again...

I post a thread in the Business section, asking info about the legal status of a Free Zone company
I will be more specific this time.
One of my partner sued a Free Zone Company, and they won the case in front of Suprema Corte (so there is no more chance for them, they have to pay). It took basically 11 years
They notified with a Public Office (Alguacil) the company, but they answered that they are not "B" company, but they are "C" company...we know that they simply changed their name and they are exactly the same people, factory, machinery...
The problem is to find a certification from somebody which certifies that they are the same company.
Somebody could help?
Thanks,

Englishman

Fabio J. Guzman · #2 11-10-2003, 09:07 PM

A simple name change is not going to prevent the creditor from collecting. If you can prove they are the same people, factory, machinery, then you will be able to collect. You don't need to "find a certification from somebody stating that they are the same company". What you have to do is come up with the evidence (circumstancial included, witnesses, whatever) that will convince a judge that C company is actually B company. In legalese, it's called a "demanda en simulación".

Englishman · #3 11-11-2003, 10:17 AM

Dear Mr. Guzman,

Thanks for your help.
This means that, having a final sentence in our hands, we can proceed with a Public Officer and frooze their goods? we already went trough the process of frozing their bank accounts, but it seems they don't have any, and this seems very strange.
My lawyer is trying to get a certification from CEI-RD and from CNZF that they are the same company, but without any results...they are almost convinced that there is a sort of "protection" standing by this company.
I will talk with them again about your suggestions, and I'll wait for any further info from your side.
Thanks again,

Englishman

Fabio J. Guzman · #4 11-18-2003, 07:10 PM

Yes, you can try to seize ("embargo") the "new" company's assets.

Englishman · #5 11-26-2003, 07:00 PM

Hi, Eglishman again....
I went trough the issue with my lawyer. It seems like that we have to pay to ADUANA or to DGII import duties on the machinery we are going to seize to a Free Zone company, if those machinery were imported with a duty-free treatment, BEFORE we seize the machinery. What is your opinion?
Thnaks,

Englishman

Fabio J. Guzman · #6 11-27-2003, 03:29 PM

There is no need to pay duty when you "embargo", only when you take the goods out of "zona franca" for sale at auction.