Gina Alexandra Hernández Vólquez

Programa Experto en Inteligencia Artificial en las Ciencias Sociales y Jurídicas. Universidad Complutense de Madrid, 2024

Legal Project Management & Process Improvement Program- IE Law School Executive Education, 2022

Master in Business Law and International Litigation – Rey Juan Carlos University of Spain and the Pontificia Universidad Católica Madre y Maestra, 2012

Graduated in Law Summa Cum Laude – Pontificia Universidad Católica Madre y Maestra, 2006

Administrative

Gina assisted, along with the Corporate Business team to the Client who was awarded a public tender for the contracting of health services awarded for the sum of RD$105,600,000.00, in a defense process against an administrative appeal filed by the counterparty in which we obtained cause gain. Eventually, Gina once again assumed the defense of the Client in an appeal filed before the General Directorate of Purchasing and Contracting and at the same time filed a defense against a precautionary measure that sought to suspend the execution of the contract awarded for the benefit of the Client. In both instances and actions, Gina worked on the strategy and assumed the defense to protect the Client’s interests that have been successfully preserved.

Customs

Gina has assisted a Client in a Customs fiscal administrative process before the General Directorate of Customs for the effect of a process of inspection of imports of lingerie products in which the Tax Administration reliquidated imports for a period of 2 years, at which effect issued a certificate of tax debt to the detriment of the Client for the sum of USD$495,000.00. Gina actively participated together with the Customs Agents in the administrative conciliation process, and eventually prepared and argued the defense bases against the decision, in an administrative reconsideration process, under Customs Law 4789, and the GATT Agreement on 1994, as well as other special customs regulations. Gina eventually filed on behalf of the Client, an appeal for retardation, and an eventual contentious-administrative appeal, and is currently leading an appeal before the Supreme Court of Justice to guarantee recognition of the transaction values embodied in the Client’s import documents.

Aviation

Gina supported a multinational company of Spanish capital belonging to the Tourism sector, to install and obtain permits for its first international airline for regular flights in the Aviation sector. For this purpose, Gina led the processes of opening a branch in the Dominican Republic of the foreign capital company, and then the structuring, request and obtaining of the corresponding permits before the Dominican aviation entities (Specialized Security and Civil Aviation Corps, Board of Civil Aviation and the Dominican Institute of Civil Aviation), to start the Madrid-Punta Cana routes. Eventually and as a result of the Client’s success, Gina has assisted the Client in the processes of amendments to the permits issued to incorporate the Santo Domingo route. Likewise, she has assisted the Client in multiple processes associated with aviation operations, such as requests for special permits, registration and modifications of wet lease agreements, frequency variation permits and notification of flight plans and programs. For this Client, Gina also assists in the preparation of the opening of a new division of another Group company for the implementation of flights with the airline based in Portugal.

Non-profit Organization

Gina assists a Client that belongs to a Corporate Group of French and American capital, for the incorporation of a non-profit association that promotes responsible consumption and collaborative actions together with other actors in the sector, with a view to working together with the Dominican Government for the implementation of measures and education according to the SDG Objectives related to sustainability and responsibility within ESG actions. To this end, according to the Client’s needs, Gina has structured the association’s operating scheme, preparing, and agreeing on the actions, administration and operations in the company’s incorporation documents, after recommending the viable options for registration of the distinctive signs that will identify the campaigns and strategies of this foundation.

Compliance

Gina assisted the client, a multinational company of Spanish capital, in the process of review and adaptation in the Dominican companies of the Corporate Group, its Corporate Compliance Program, in accordance with Dominican laws, in matters of conduct, protection of confidential information, money laundering, anti-corruption, industrial and intellectual property and data protection, environmental protection and crime prevention. Likewise, she prepared for the Client the minutes and corporate documents of good corporate governance and appointment of the compliance officer.

Contracts

Gina has reviewed, adjusted and negotiated for the Client who owns land with a tourist vocation, a Memorandum of Understanding for their exploitation with a view to implementing a scenario of thematic experiences in the development of corporate events, and at the same time guaranteeing hotel reservations in a tourist complex owned by the Client. For this purpose, according to the initial negotiations between the parties, Gina proposed the terms and conditions with legal guarantees and rights in favor of the Client to ensure compliance with the agreements to be structured and implemented in a long-term relationship, and with particular conditions related to obtaining permits and permitted improvements within the land.

In terms of contracts, her expertise is particularly focused on Law 173 issues. In this area, Gina has stood out for offering advice to her local and international clients in processes of design, negotiation and registration of agency, distribution and representative contracts. under this special regulation. She has also directed negotiation, conciliation and termination processes, as well as assignments of rights and restructuring of contracts of this nature, guaranteeing in accordance with the interest of her clients regarding their registrability.

Corporate

Gina has identified the best corporate and tax structure for a German capital client of consulting specialized in certification for the creation of a permanent establishment on one of the companies of the Group located in Spain, so that it can offer in the Dominican Republic consulting services to the Dominican State under a contract of RD$10,200,000.00.

Gina offered a Venezuelan and American investment Client, corporate structuring and corporate transformation to establish a new business model, with the design of a shareholders agreement and resale agreements to guarantee personalized operational functionality according to the needs of the client. Client, avoiding in any case the change of control of the company and the dilution of the participation of the founding shareholders.

Legal Due Diligence

Gina has designed and leads the work together with the Alburquerque team, the structuring for a US capital Client in a legal Due Diligence process that covers corporate, contractual, fiscal, labor, litigious and real estate issues, for the purpose of conducting an audit and execute the regularization of the legal status of two companies and their movable and immovable assets that include a hotel project, and the forecast and solution to current and eventual contingencies of the same, for the sale of a hotel development and a condominium of tourist villas valued at USD$4,336,506.

Private international law

Gina has offered advice, consultancy and the design and implementation of strategies to Clients regarding the application, enforceability and opposability of international free trade agreements to which the Dominican Republic is a party, such as CAFTA-DR, EPA, Agreement of Double Taxation between the Kingdom of Spain and the Dominican Republic, Double Taxation Agreement between the Dominican Republic and Canada, Partial Scope Agreement between the Dominican Republic and Canada.

Energy

Gina assisted a Client owner of a hotel establishment in Santo Domingo, to manage and obtain the transfer in his favor of the status of Non-Regulated User (UNR) in the Wholesale Electricity Market (MEM) before the Superintendence of Electricity, after a joint action with technical advisers that would allow accounting and projecting the appropriate technical and material aspects to guarantee the successful transfer in favor of the Client, considering the breaches and risks of the operation by the previous concession holder. Thus, the Client has wide freedom and management to contract an Energy agreement for the supply in favourable conditions and rates.

Gina assumed the direction and negotiation of a sale process of a solar renewable energy project located in the southern part of the country, for which purpose she represented the Client in the process of reviewing the agreements and negotiating the terms of the sale in adherence to the best interests of the Client, including share transfer agreements, energy management agreement, Term sheet on the project management trust. Term sheet of the EPC agreement, share pledge agreement, lease agreement and other terms of the operation, in the midst of the process of obtaining permits by the electricity authorities, in adherence to the provisions of the energy regulations and in particularly renewables.

ESG

As part of the implementation of the ESG culture, Gina has actively collaborated with multiple multinational and national clients seeking to improve their environmental, social and corporate governance perspectives, advising them on their adaptation to these criteria with a view to supporting them in responsible management. and based on the Sustainable Development Goals and emerging regulations related to sustainability.

Project Finance

For a Client, Gina negotiated the structuring of agreements and structuring of the guarantees of a syndicated loan with two banks, one with Dominican capital and the other Panamanian, even achieving the acceptability of the creditors to register a mortgage in second rank, for a loan of USD$42,500,000,000, under the premise of negotiating and obtaining the cancellation of a pre-existing first-rank mortgage, which was also managed and achieved by Gina.

Gina has assisted a multinational Client of Spanish capital in the Tourism sector that has 72 hotels around the World in the strategy and negotiation of a financing contract with real and pledge guarantees for the sum of USD$330,000,000.00 to obtain a loan with Banco Popular Dominicano for the development of a new hotel project in the Punta Cana area.
Tax

Gina designed, along with the Managing Partner of the Firm and expert advisors in tax strategy as well as the counterparty’s lawyers, the corporate and tax architecture to achieve the transfer of companies, shares, real estate and movable assets between two companies part of a Corporate Group formed by two families that decided to separate their businesses, whose net assets were valued at USD$15,640,000. To this effect, Gina proposed and prepared the documents to create a transfer strategy based on partial operations of swaps, purchases and contributions in nature, thus reducing the tax burden on clients of both parties in adherence to current Dominican regulations.

Real Estate

Gina assisted the Client in a complex process of radiation of a first rank mortgage on one of her properties registered for the sum of USD$49,700,000.00 in favor of a mortgagee consisting of a financial intermediation entity that had been forcibly liquidated after a intervention by the Superintendency of Banks. For this purpose, Gina was able to identify, within the liquidation process before the Superintendency, the possible assignees of the debtor portfolios of the foreclosed entity, and after an exhaustive investigation and negotiation with two pre-existing banking entities, the holder of the mortgage was located, in whose process Gina managed to reveal the pre-existing balance by the Client of said guarantee, for which purpose she was able to obtain the cancellation documents of the aforementioned guarantee, for the benefit of the Client.

Foreign investment

Gina has advised a Client to register his direct foreign investment for RD$57,000,000.00, in injection of capital to a Dominican company in the Retail sector. She has also advised him on the benefits for the company and its management staff on said registry.

M&A

Gina has identified the risks and contingencies in an operation of interest in M&A for a Client of Spanish capital from the tourism sector that has decided to acquire 80% of the capital of a Dominican company that owns assets of great value and particular benefits, concession contracts, as well as special permits related to the exploitation of tourist excursions in a protected area with restricted tourist activities. For this purpose, Gina proposed to the Client the structure of the works under the Legal Project Management modality, beginning with the execution of a Legal Due Diligence and identification of risks and contingencies in the operation and the acquired company; was in charge of agreeing with the Client and negotiating with the counterparty the conditions of the purchase contract. In addition, and considering Gina’s proposal on the best investment strategy, she executed the termination of a previous promise to purchase agreement and prepared the appropriate documents for the execution of a coherent process. To this end, she also prepared all the corporate documentation and directs the registration and change of ownership processes before the corresponding entities.

Regarding M&A, Gina received a request from a multinational Client of German and Spanish capital with a presence in the Dominican Republic that has decided to reorganize its operations in the national territory, closing its tourist transport division. For these purposes, Gina evaluated for the Client the best structure for the sale of the fleet of 48 company vehicles, valued at USD$1,000,000.00, including the tax and corporate implications of a previous corporate structuring that was still in the process of execution. For this purpose, and based on the agreements with the counterparty, Gina designed an agreement for the Client for the sale of its movable assets with an unpaid seller’s privilege and oppositions to transfer, until the guarantee of the total balance of the operation was guaranteed. With this transaction, the Client has achieved a satisfactory and timely sale, with sufficient guarantees of receiving the balance that will allow him to have greater liquidity and continue his exploitation of the other operations of the company, aligned with his operating strategies.

Gina prepared and negotiated with the counterparty for the benefit of the multinational Client with French capital, from the hypermarket sector, an M&A project for the partial acquisition of goodwill of a Dominican supermarket for USD$400,000.00. To this end, the Client, as part of his business expansion strategy in the Dominican Republic, needed a commercial point in the city of Santo Domingo, for which Gina, together with the Firm’s team, identified in advance the potential risks of the acquisition through the execution of a legal corporate, fiscal, labor, industrial property, contractual and litigious Due Diligence, presenting the points of negotiation to include in the purchase and sale contract that she designed and negotiated with the counterparty for the benefit of the Client, with withholdings, deductions and adequate guarantees.

Intellectual property

In this case, Gina assisted the client, a Dominican Multiple Bank, in the review and update of its scheme of commercial technology contracts, for the implementation of a new structure of agreements for the development, implementation and maintenance of a new technological platform that allows the Client to offer its clients banking services. For this purpose, Gina analyzed and issued legal opinions on the structure of previous agreements, proposed the mechanisms for their termination preserving the Client’s guarantees, and worked together with the Client and in negotiation with the counterparty, the new agreements that include licenses of exploitation, protection of data and rights, and modifications and ownership of copyrights on the developments on the digital platform, also providing for the transfer of the patrimonial rights of intellectual property and execution schemes in the event of a change of control or conditions of execution of agreements.

Tourism

Gina assisted a multinational client with French capital, within the tourism sector, through the execution of Legal Project Management, with the construction and start-up of a hotel complex with an investment of USD$403,000,000.00. To this end, Gina supported the Client and structured, together with the surveyors and architects, the master plans and documents to request and obtain construction permits from the Ministry of Tourism, the Ministry of the Environment, the Higüey and Boca de Yuma City Halls, and the Ministry of Public Works for the execution of the works. In addition, he negotiated and mediated with the construction company for the construction of the project. Gina also got involved in mediation with the Macao community and the authorities to reconcile the approval of the new work. On the other hand, Gina negotiated on behalf of the Client a management agreement for the administration and operation of the first of the 3 Hotels that would make up the complex, and its subsequent Addenda. Also, Gina has mediated on behalf of the Client for the regeneration of mangroves, adaptation and mobilization of informal businesses and investments made by the Client as part of its commitment to corporate social responsibility, in support of the initiative of the Beach Regeneration plan. initiated by the Ministry of Tourism, particularly on the areas surrounding your property. As well, Gina has actively collaborated with the Client with the support, consultancy, management and preservation of the CONFOTUR Qualification in the processes that affect the land and particularly the project.

Free trade zone

Gina has assisted an international Client with a Panamanian parent company and who is dedicated to Call Center services, to open a branch in the Dominican Republic and eventual change of address for the implementation of a special free zone for services outside the free zone park . To this end, Gina assisted the client with the negotiation of a space lease contract and prepared the application file for the Client to obtain a free zone license, submitting the applications to the corresponding entities. Likewise, and as part of the process, she issued operational recommendations and designed the technical profile for the Client to make the project viable and obtain approval in accordance with Dominican regulations. Eventually, Gina was in charge of processing the specific permits at the Ministry of Finance and the General Directorate of Internal Revenue for the granting of the tax exemption card.

Administrative

Gina assisted, along with the Corporate Business team to the Client who was awarded a public tender for the contracting of health services awarded for the sum of RD$105,600,000.00, in a defense process against an administrative appeal filed by the counterparty in which we obtained cause gain. Eventually, Gina once again assumed the defense of the Client in an appeal filed before the General Directorate of Purchasing and Contracting and at the same time filed a defense against a precautionary measure that sought to suspend the execution of the contract awarded for the benefit of the Client. In both instances and actions, Gina worked on the strategy and assumed the defense to protect the Client’s interests that have been successfully preserved.

Customs

Gina has assisted a Client in a Customs fiscal administrative process before the General Directorate of Customs for the effect of a process of inspection of imports of lingerie products in which the Tax Administration reliquidated imports for a period of 2 years, at which effect issued a certificate of tax debt to the detriment of the Client for the sum of USD$495,000.00. Gina actively participated together with the Customs Agents in the administrative conciliation process, and eventually prepared and argued the defense bases against the decision, in an administrative reconsideration process, under Customs Law 4789, and the GATT Agreement on 1994, as well as other special customs regulations. Gina eventually filed on behalf of the Client, an appeal for retardation, and an eventual contentious-administrative appeal, and is currently leading an appeal before the Supreme Court of Justice to guarantee recognition of the transaction values embodied in the Client’s import documents.

Aviation

Gina supported a multinational company of Spanish capital belonging to the Tourism sector, to install and obtain permits for its first international airline for regular flights in the Aviation sector. For this purpose, Gina led the processes of opening a branch in the Dominican Republic of the foreign capital company, and then the structuring, request and obtaining of the corresponding permits before the Dominican aviation entities (Specialized Security and Civil Aviation Corps, Board of Civil Aviation and the Dominican Institute of Civil Aviation), to start the Madrid-Punta Cana routes. Eventually and as a result of the Client’s success, Gina has assisted the Client in the processes of amendments to the permits issued to incorporate the Santo Domingo route. Likewise, she has assisted the Client in multiple processes associated with aviation operations, such as requests for special permits, registration and modifications of wet lease agreements, frequency variation permits and notification of flight plans and programs. For this Client, Gina also assists in the preparation of the opening of a new division of another Group company for the implementation of flights with the airline based in Portugal.

Non-profit Organization

Gina assists a Client that belongs to a Corporate Group of French and American capital, for the incorporation of a non-profit association that promotes responsible consumption and collaborative actions together with other actors in the sector, with a view to working together with the Dominican Government for the implementation of measures and education according to the SDG Objectives related to sustainability and responsibility within ESG actions. To this end, according to the Client’s needs, Gina has structured the association’s operating scheme, preparing, and agreeing on the actions, administration and operations in the company’s incorporation documents, after recommending the viable options for registration of the distinctive signs that will identify the campaigns and strategies of this foundation.

Compliance

Gina assisted the client, a multinational company of Spanish capital, in the process of review and adaptation in the Dominican companies of the Corporate Group, its Corporate Compliance Program, in accordance with Dominican laws, in matters of conduct, protection of confidential information, money laundering, anti-corruption, industrial and intellectual property and data protection, environmental protection and crime prevention. Likewise, she prepared for the Client the minutes and corporate documents of good corporate governance and appointment of the compliance officer.

Contracts

Gina has reviewed, adjusted and negotiated for the Client who owns land with a tourist vocation, a Memorandum of Understanding for their exploitation with a view to implementing a scenario of thematic experiences in the development of corporate events, and at the same time guaranteeing hotel reservations in a tourist complex owned by the Client. For this purpose, according to the initial negotiations between the parties, Gina proposed the terms and conditions with legal guarantees and rights in favor of the Client to ensure compliance with the agreements to be structured and implemented in a long-term relationship, and with particular conditions related to obtaining permits and permitted improvements within the land.

In terms of contracts, her expertise is particularly focused on Law 173 issues. In this area, Gina has stood out for offering advice to her local and international clients in processes of design, negotiation and registration of agency, distribution and representative contracts. under this special regulation. She has also directed negotiation, conciliation and termination processes, as well as assignments of rights and restructuring of contracts of this nature, guaranteeing in accordance with the interest of her clients regarding their registrability.

Corporate

Gina has identified the best corporate and tax structure for a German capital client of consulting specialized in certification for the creation of a permanent establishment on one of the companies of the Group located in Spain, so that it can offer in the Dominican Republic consulting services to the Dominican State under a contract of RD$10,200,000.00.

Gina offered a Venezuelan and American investment Client, corporate structuring and corporate transformation to establish a new business model, with the design of a shareholders agreement and resale agreements to guarantee personalized operational functionality according to the needs of the client. Client, avoiding in any case the change of control of the company and the dilution of the participation of the founding shareholders.

Legal Due Diligence

Gina has designed and leads the work together with the Alburquerque team, the structuring for a US capital Client in a legal Due Diligence process that covers corporate, contractual, fiscal, labor, litigious and real estate issues, for the purpose of conducting an audit and execute the regularization of the legal status of two companies and their movable and immovable assets that include a hotel project, and the forecast and solution to current and eventual contingencies of the same, for the sale of a hotel development and a condominium of tourist villas valued at USD$4,336,506.

Private international law

Gina has offered advice, consultancy and the design and implementation of strategies to Clients regarding the application, enforceability and opposability of international free trade agreements to which the Dominican Republic is a party, such as CAFTA-DR, EPA, Agreement of Double Taxation between the Kingdom of Spain and the Dominican Republic, Double Taxation Agreement between the Dominican Republic and Canada, Partial Scope Agreement between the Dominican Republic and Canada.

Energy

Gina assisted a Client owner of a hotel establishment in Santo Domingo, to manage and obtain the transfer in his favor of the status of Non-Regulated User (UNR) in the Wholesale Electricity Market (MEM) before the Superintendence of Electricity, after a joint action with technical advisers that would allow accounting and projecting the appropriate technical and material aspects to guarantee the successful transfer in favor of the Client, considering the breaches and risks of the operation by the previous concession holder. Thus, the Client has wide freedom and management to contract an Energy agreement for the supply in favourable conditions and rates.

Gina assumed the direction and negotiation of a sale process of a solar renewable energy project located in the southern part of the country, for which purpose she represented the Client in the process of reviewing the agreements and negotiating the terms of the sale in adherence to the best interests of the Client, including share transfer agreements, energy management agreement, Term sheet on the project management trust. Term sheet of the EPC agreement, share pledge agreement, lease agreement and other terms of the operation, in the midst of the process of obtaining permits by the electricity authorities, in adherence to the provisions of the energy regulations and in particularly renewables.

ESG

As part of the implementation of the ESG culture, Gina has actively collaborated with multiple multinational and national clients seeking to improve their environmental, social and corporate governance perspectives, advising them on their adaptation to these criteria with a view to supporting them in responsible management. and based on the Sustainable Development Goals and emerging regulations related to sustainability.

Project Finance

For a Client, Gina negotiated the structuring of agreements and structuring of the guarantees of a syndicated loan with two banks, one with Dominican capital and the other Panamanian, even achieving the acceptability of the creditors to register a mortgage in second rank, for a loan of USD$42,500,000,000, under the premise of negotiating and obtaining the cancellation of a pre-existing first-rank mortgage, which was also managed and achieved by Gina.

Gina has assisted a multinational Client of Spanish capital in the Tourism sector that has 72 hotels around the World in the strategy and negotiation of a financing contract with real and pledge guarantees for the sum of USD$330,000,000.00 to obtain a loan with Banco Popular Dominicano for the development of a new hotel project in the Punta Cana area.
Tax

Gina designed, along with the Managing Partner of the Firm and expert advisors in tax strategy as well as the counterparty’s lawyers, the corporate and tax architecture to achieve the transfer of companies, shares, real estate and movable assets between two companies part of a Corporate Group formed by two families that decided to separate their businesses, whose net assets were valued at USD$15,640,000. To this effect, Gina proposed and prepared the documents to create a transfer strategy based on partial operations of swaps, purchases and contributions in nature, thus reducing the tax burden on clients of both parties in adherence to current Dominican regulations.

Real Estate

Gina assisted the Client in a complex process of radiation of a first rank mortgage on one of her properties registered for the sum of USD$49,700,000.00 in favor of a mortgagee consisting of a financial intermediation entity that had been forcibly liquidated after a intervention by the Superintendency of Banks. For this purpose, Gina was able to identify, within the liquidation process before the Superintendency, the possible assignees of the debtor portfolios of the foreclosed entity, and after an exhaustive investigation and negotiation with two pre-existing banking entities, the holder of the mortgage was located, in whose process Gina managed to reveal the pre-existing balance by the Client of said guarantee, for which purpose she was able to obtain the cancellation documents of the aforementioned guarantee, for the benefit of the Client.

Foreign investment

Gina has advised a Client to register his direct foreign investment for RD$57,000,000.00, in injection of capital to a Dominican company in the Retail sector. She has also advised him on the benefits for the company and its management staff on said registry.

M&A

Gina has identified the risks and contingencies in an operation of interest in M&A for a Client of Spanish capital from the tourism sector that has decided to acquire 80% of the capital of a Dominican company that owns assets of great value and particular benefits, concession contracts, as well as special permits related to the exploitation of tourist excursions in a protected area with restricted tourist activities. For this purpose, Gina proposed to the Client the structure of the works under the Legal Project Management modality, beginning with the execution of a Legal Due Diligence and identification of risks and contingencies in the operation and the acquired company; was in charge of agreeing with the Client and negotiating with the counterparty the conditions of the purchase contract. In addition, and considering Gina’s proposal on the best investment strategy, she executed the termination of a previous promise to purchase agreement and prepared the appropriate documents for the execution of a coherent process. To this end, she also prepared all the corporate documentation and directs the registration and change of ownership processes before the corresponding entities.

Regarding M&A, Gina received a request from a multinational Client of German and Spanish capital with a presence in the Dominican Republic that has decided to reorganize its operations in the national territory, closing its tourist transport division. For these purposes, Gina evaluated for the Client the best structure for the sale of the fleet of 48 company vehicles, valued at USD$1,000,000.00, including the tax and corporate implications of a previous corporate structuring that was still in the process of execution. For this purpose, and based on the agreements with the counterparty, Gina designed an agreement for the Client for the sale of its movable assets with an unpaid seller’s privilege and oppositions to transfer, until the guarantee of the total balance of the operation was guaranteed. With this transaction, the Client has achieved a satisfactory and timely sale, with sufficient guarantees of receiving the balance that will allow him to have greater liquidity and continue his exploitation of the other operations of the company, aligned with his operating strategies.

Gina prepared and negotiated with the counterparty for the benefit of the multinational Client with French capital, from the hypermarket sector, an M&A project for the partial acquisition of goodwill of a Dominican supermarket for USD$400,000.00. To this end, the Client, as part of his business expansion strategy in the Dominican Republic, needed a commercial point in the city of Santo Domingo, for which Gina, together with the Firm’s team, identified in advance the potential risks of the acquisition through the execution of a legal corporate, fiscal, labor, industrial property, contractual and litigious Due Diligence, presenting the points of negotiation to include in the purchase and sale contract that she designed and negotiated with the counterparty for the benefit of the Client, with withholdings, deductions and adequate guarantees.

Intellectual property

In this case, Gina assisted the client, a Dominican Multiple Bank, in the review and update of its scheme of commercial technology contracts, for the implementation of a new structure of agreements for the development, implementation and maintenance of a new technological platform that allows the Client to offer its clients banking services. For this purpose, Gina analyzed and issued legal opinions on the structure of previous agreements, proposed the mechanisms for their termination preserving the Client’s guarantees, and worked together with the Client and in negotiation with the counterparty, the new agreements that include licenses of exploitation, protection of data and rights, and modifications and ownership of copyrights on the developments on the digital platform, also providing for the transfer of the patrimonial rights of intellectual property and execution schemes in the event of a change of control or conditions of execution of agreements.

Tourism

Gina assisted a multinational client with French capital, within the tourism sector, through the execution of Legal Project Management, with the construction and start-up of a hotel complex with an investment of USD$403,000,000.00. To this end, Gina supported the Client and structured, together with the surveyors and architects, the master plans and documents to request and obtain construction permits from the Ministry of Tourism, the Ministry of the Environment, the Higüey and Boca de Yuma City Halls, and the Ministry of Public Works for the execution of the works. In addition, he negotiated and mediated with the construction company for the construction of the project. Gina also got involved in mediation with the Macao community and the authorities to reconcile the approval of the new work. On the other hand, Gina negotiated on behalf of the Client a management agreement for the administration and operation of the first of the 3 Hotels that would make up the complex, and its subsequent Addenda. Also, Gina has mediated on behalf of the Client for the regeneration of mangroves, adaptation and mobilization of informal businesses and investments made by the Client as part of its commitment to corporate social responsibility, in support of the initiative of the Beach Regeneration plan. initiated by the Ministry of Tourism, particularly on the areas surrounding your property. As well, Gina has actively collaborated with the Client with the support, consultancy, management and preservation of the CONFOTUR Qualification in the processes that affect the land and particularly the project.

Free trade zone

Gina has assisted an international Client with a Panamanian parent company and who is dedicated to Call Center services, to open a branch in the Dominican Republic and eventual change of address for the implementation of a special free zone for services outside the free zone park . To this end, Gina assisted the client with the negotiation of a space lease contract and prepared the application file for the Client to obtain a free zone license, submitting the applications to the corresponding entities. Likewise, and as part of the process, she issued operational recommendations and designed the technical profile for the Client to make the project viable and obtain approval in accordance with Dominican regulations. Eventually, Gina was in charge of processing the specific permits at the Ministry of Finance and the General Directorate of Internal Revenue for the granting of the tax exemption card.

Interview: Business Succession or the moment to pass the torch to the next generation.

Official Chamber of Commerce of Spain in the Dominican Republic Magazine, August 2023 edition

The importance of investor wealth planning in the Dominican Republic – Revista Mercado, 2020

New law on commercial restructuring – District, 2017

Preferential rules of origin and their application in the Dominican Republic – 2017

Legal due diligence – Revista Mercado, 2016

Customs processes in the implementation of free trade agreements – Revista Mercado, 2015

Arbitration as an alternative method of dispute resolution in the area of Industrial Property – Postgraduate thesis, 2012

Real Estate purchase in the Dominican Republic – Punta Cana Lifestyle Real Estate, 2011

How to invest in the Dominican Republic – 2008

Arbitration in insurance contracts – Undergraduate thesis, 2006

Publications:

The importance of investor wealth planning in the Dominican Republic – Revista Mercado, 2020

New law on commercial restructuring – District, 2017

Preferential rules of origin and their application in the Dominican Republic – 2017

Legal due diligence – Revista Mercado, 2016

Customs processes in the implementation of free trade agreements – Revista Mercado, 2015

Arbitration as an alternative method of dispute resolution in the area of Industrial Property – Postgraduate thesis, 2012

Real Estate purchase in the Dominican Republic – Punta Cana Lifestyle Real Estate, 2011

How to invest in the Dominican Republic – 2008

Arbitration in insurance contracts – Undergraduate thesis, 2006

Panelist:

Webinar Law of Revalorization of patrimony- Coordinator and Moderator with the Spanish Chamber of Commerce in the Dominican Republic, 2022

Webinar Law and Rules of Solid Disposals- Coordinator and Moderator for the Spanish Chamber of Commerce in the Dominican Republic, 2022

Webinar Doing business in the Dominican Republic. Export Booster Initiative, Ministry of Trade and Industry in Trinidad and Tobago, and ExporTT, 2021

Workshop about Food Law in Latin America – Law School of the LUISS University at Rome, Italy, 2020

Business legal strategy – Cámara Oficial Española de Comercio en la República Dominicana, 2020

Preventive measures to avoid corporate liquidation: corporate reorganization and commercial restructuring in the face of the COVID-19 scenario – British Chamber of Commerce of the Dominicana Republic, 2020

Wealth planning strategies in Spain and the Dominican Republic – Cámara Oficial de Comercio de España en la República, 2019

Tax incentive workshop – Cámara de Comercio e Industria Germano Dominicana, 2019

Competitive policies or competitive firms: Which comes first? – Oxford University at Dominican Week at United Kingdom by BRITCHAMDR, 2018

Legal Framework of SMEs in the Dominican Republic: What We Should Know. Business Wheel for SMEs – Cámara de Comercio Americana en la República Dominicana (AMCHAMDR), 2016.

Why and how to invest in the Dominican Republic? – Cámara de Comercio Americana en la República Dominicana (AMCHAMDR), 2016

How to do business in the Dominican Republic – Misión Comercial El Salvador, 2015

Presentation Legal Guide for Foreign Investor in the Dominican Republic – Misión Comercial de El Salvador, 2011

Exporters Mission Information and communication technology sector in the Dominican Republic – PROCOMER, 2010

How to do business in the Dominican Republic – Misión Comercial El Salvador, 2010

Workshops:

Legal Process Improvement Professional- International Institute of Legal Project Management, 2022.

Legal Project Practitioner – International Institute of Legal Project Management, 2022.

Terralex Leadership program- Terralex, 2022.

Global Annual Meeting Terralex. Oslo, Norway. July 2022.

Law and Business Week SDN SDQ 2021

Management and leadership program. 2021

Trust: Structuring, operation, investment and project financing – Gaceta Judicial, 2020

Tax Law and Tax Litigation – Gaceta Judicial, 2019

Modern Family Business Management – Integral Training Solutions (INTRAS), 2018

Regime for restructuring and liquidation of companies and traders: New legal framework, principles, procedure and implementing framework – Fundación Institucionalidad y Justicia (FINJUS), 2015

Tourism Law – Universidad Nacional Pedro Henríquez Ureña (UNPHU) y Fundación Institucionalidad y Justicia (FINJUS), 2013

Act for the development of real estate strategies: mortgages and trusts – Fundación Institucionalidad y Justicia (FINJUS), 2013

XL International Law Course, Dominican Republic Fellow – – Organización de Estados Americanos, 2013.

Business Reorganization Opportunities and Challenges – Instituto OMG, 2012

The Commercial Restructuring and its impact on business in the Dominican Republic – Instituto OMG, 2012

Member of the Legal Committee of the British Chamber of Commerce in the Dominican Republic (BRITCHAMDR).

Member of the Legal Committee of the Official Chamber of Commerce of Spain in the Dominican Republic (CAMACOES). Coordinator of Committee 2020-2022

The Legal 500- Corporate and M&A 2022

The Legal 500- Real Estate and Tourism 2022

The Legal 500-Tax

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