As a general principle, in
order to authorise registration of a Branch Office, the Mother
Company's constitution is taken into consideration, direct and
indirect benefits are assessed, such as the closest links between
supplier and company, the quality of products or services that
are commercialised, technology transfers, post-sale services
and the image of Cuban Foreign Trade.
The application for registration
in the National Registry of Branch Offices and Agents of Foreign
Mercantile Societies is formalised by the interested party or
its legal representative, by means of the following documents:
a) A written statement of the reasons
for the application, subscribed by a duly authorised person
from the mercantile society or an individual businessperson
interested in establishing a branch office; Public Notary or
the Chamber of Commerce must authenticate signature.
b) A simple copy of the foreign
mercantile society's constitution and bylaws. In case of an
individual businessperson, a document stating that he/she is
authorised to act as such in his/her country of origin.
c) A writ or proxy stating the
designation and faculties of the natural person who will act
as the Branch Office's representative.
The documents referred to in items
b and c must be duly legalised in presence of the Cuban Consul
at the company's original country, by the ministry of Foreign
Affairs of the Republic of Cuba and certified by a Cuban public
d) List of the products or services
comprised in the mercantile operations of the society or the
individual businessperson that will be the object of commercial
operations in the national territory.
e) A Bank Report of the mercantile
society or individual businessperson, issued no more than three
months previous to the date when the application is filed. It
should proceed through a bank of the National Banking System
in the Republic of Cuba.
f) The representative's Curriculum
g) General information on the productive,
technical or services activity carried out by the mercantile
society or individual businessperson and the volume of operations
during the last five years.
h) Information of the operations
carried out in Cuba for the last three years, detailing the
products commercialised each year to the Cuban import company
and the amount of the operations.
The above-mentioned commercial
operations must be vouched for by a letter from the chief authority
of the corresponding Cuban bureau or institution, stating the
amount of the operations, the products commercialised and the
date when commercial relationships with the applicant began.
In case the vouching letter is from a company that belongs to
the System of the Ministry of Foreign Trade, the director thereof
must subscribe it.
Documents written in a foreign
language must be accompanied by the corresponding translation
into Spanish, with a note certifying that it matches the originals.
It is the faculty of the Ministry
of Foreign Trade to authorise, deny, renew, widen or cancel
the inscription y means of a founded Resolution.