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Doing Business in Haiti

Haiti eased business start-up by eliminating the review by the President’s or the Prime Minister’s office of the incorporation act submitted for publication. Haitian legislation provides for the existence of different patterns of organisation in regards to the creation of companies.

Common forms of business organisation in Haiti include:

    • Limited Liability Corporation;
    • Branch of a Foreign Limited Liability Corporation;
    • General Partnership and Limited Partnership Companies;
    • Individual Company or Sole Owner Company;
    • Cooperative.

Haitian Law gives provisions for the creation of company limited by shares. However it is rarely used. The steps for its registration would be the same as the LLC.

Foreign companies can also create a branch of any other form of company. Branch of General Partnership, Limited Partnership or else are thus possible. They will follow the same pattern as the procedure for the branch of LLC. However there will be some modifications, for instance there is not a publication in the official gazette.

The first step to establish a company is to verify the availability of the name chosen. Thus, it is important to go directly to the Ministry of Commerce and Industry to verify the availability of the name in the Registry.

For an Individual Company the registration of the commercial name is the main procedure. For all the others, the name chosen is incorporated in the by-laws and other legal documents after verification. If the company is willing to use another commercial name besides its company name, it will follow the same procedure as the one used for the individual company.

Due to the exposure to potential liabilities, most foreign investors create a subsidiary in Haiti by participating in a LLC. Others choose to work directly with or do business through already-existing subcontractors.





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