Related Practice: Commercial, Housing, and Foreign Investment Matters
What the domain tests
This domain tests notarial practice at the intersection of commercial law, housing, and foreign investment. The exam asks whether a deed can be authorized, which prior authorizations are needed, and how the special regimes for vivienda and foreign capital limit what a notary may do.
Core rules
- Commercial companies are constituted by escritura pública and registered. The notary checks the partners’ capacity, capital contributions, bylaws, and the legal form chosen.
- Foreign investment is governed by the foreign investment regime, including Ley 118/2014. Authorization and registration requirements apply before the notary can formalize certain acts; the notary does not substitute for the approving authority.
- Housing is subject to a special regime (Ley 65/1988 and its modifications). Transfers of vivienda between residents typically take the form of compraventa, permuta, donación, or adjudicación, with specific documentary and tax requirements.
- Foreign natural persons are generally restricted from acquiring Cuban housing; the notary must not authorize a prohibited transfer merely because the parties agree.
- Prior documents may include título de propiedad, certificado de cargas, certification of the housing registry, tax receipts, and, where applicable, the foreign investment approval.
- The notary’s role is to formalize a lawful transaction, not to cure a missing administrative authorization.
Worked example
A foreign investor asks a Havana notary to authorize a direct sale of a private house to him. The notary explains that the general housing regime does not permit this acquisition by a foreign natural person. The notary refuses the deed and explains that a lawful structure might involve an authorized foreign investment project or a different legal vehicle, subject to the competent authorities. The notary does not draft a sale disguised as a loan or a long lease to evade the restriction.
Traps that cost marks
- Assuming a foreigner may buy housing because the seller and buyer agree.
- Formalizing a foreign investment act before the required approval.
- Ignoring the housing registry, charges, or tax certificates.
- Treating a company constitution as valid without registration.
- Using a sham contract to avoid a legal prohibition.