COMPANY

How to register a company within the Ministry of Trade and Industry? 

In the business world, the company name or the company name is the official name given to the legal person (company) whose trade name allows to identify the goodwill or one of its branches of activity. In other words, it corresponds to a public name allowing customers to identify the company and remember it. 

The company name or trade name is a registration that identifies the business. When choosing the name of a company, it is imperative to check that it does not affect others already protected. It is possible to check the availability of the chosen name with the organization in charge of industrial protection. So in Haiti it is the Ministry of Commerce and Industry which takes care of all the filing procedures of all commercial institutions. 

Moreover, according to specialists in business law, the trade name also benefits from international legal protection with regard to of companies, provided for by article 8 of the Convention of the Union of Paris for the protection of industrial property of March 20, 1883. So the registration of the trade name becomes the first step to follow in order to create a company, more precisely a sole proprietorship, as well as in the creation of other enterprises, such as a general partnership or a public limited company. Therefore, throughout this article you will discover how and why you should register your business. 

The steps to follow to register a business name  

To register your business with the Ministry of Trade and Industry, you must first go to MCI in order to request the search for your desired name in the registers of the Directorate of Judicial Affairs (DAJ) of the said Ministry. In the event that the trade name of your choice already exists or has a lot of similarities to another, the ministry will oblige you to change or modify it. The processes take place in particular between the Ministry of Trade and Industry (MCI) and the Directorate General of Taxes (DGI).  

Then write and submit to said ministry a letter in three versions with the intention of requesting the holder of said institution to register this name with the following particulars: 

  1.  Name (s) and first name (s) of owner (s) \
  2. Address (es) of the owner (s)
  3. Owner's phone (s) 
  4. TIN of the owner (s) 
  5. The trade name to register 
  6. The business sector of the company  
  7. Buy a stamp set from the Directorate General of Taxes (DGI). 
  8. Pay the required fees and buy a dry seal from the procurement department of the Ministry of Commerce for the processing of the file. 

On this, the Directorate of Legal Affairs of the Ministry of Trade and Industry will analyze this file, if it is approved, it will give you a collection mandate which will allow you to pay a tax to the General Directorate of Taxes for have to claim your certificate. 

Finally, once you have the mandate, and that you have paid for it, you will have to bring it to the Legal Affairs Department of the MCI the receipt of payment of the tax received from the DGI. 

You can then apply to the Ministry of Commerce for the registration certificate attesting that you are legally authorized to use the registered trade name publicly. This document will be delivered only to the owner of the name or his lawyer. On the other hand, any other person who wishes to claim it in place of the owner must have a notarized mandate from the latter. 

It should be noted that the certificate of registration of a trade name issued by the Ministry of Trade and Industry is valid for ten (10) years and renewable. 

WRITING: Stevinsonne YOUNG 

COPYRIGHT: NETALKOLE MEDIA 2021 

 

Facebook Comments

Stevinsonne Jeune
Stevinsonne JEUNE, journalist and editor. Graduate student in legal sciences at the State University of Haiti Law practitioner in the Delmas peace court.