The LatAm Thread

Countries › Dominican Republic › Guide › 10. Capital markets and finance › Security over movable assets in the Dominican Republic: the Ley 45-20 system

Security over movable assets in the Dominican Republic: the Ley 45-20 system

Last verified: 2026-10-30 · Status: Stable

Ley 45-20 replaced the old pledges with one regime covering inventory, equipment, receivables, shares, IP and deposits. Non possessory security takes priority from registration in the electronic SEGM system, at a flat fee of RD$1,000. Registration lasts five years, renewable, and enforcement can run out of court with very limited defences.

USD figures use the Banco Central de la República Dominicana reference selling rate of RD$60.9007 per US dollar for 29 October 2026, rounded to the cent.

Key facts

Online movable security registryYes, SEGM textLey 45-20 art. 48, as of 2026-10-30 · in force
Priority ruleFirst to publicize textLey 45-20 art. 69 and 70, as of 2026-10-30 · in force
Out of court enforcementYes, if agreed textLey 45-20 art. 87 and 92, as of 2026-10-30 · in force
SEGM registration notice fee1000 DOPDecreto 18-23 art. 12, as of 2023-01-26 · in force
Default registration term5 yearsLey 45-20 art. 62, as of 2026-10-30 · in force
Reference selling rate used for USD conversions60.9007 DOP per USDBanco Central reference rate, as of 2026-10-29 · in force

The rule

1. Security can cover specific movables, generic categories, contract rights, present or future assets, or all of the debtor's movables, including inventory, equipment, receivables, crops, intellectual property, deposits, shares and company quotas.Ley 45-20 de Garantías Mobiliarias, art. 7 and paragraphs I and II, 2020-02-21 official text · verified 2026-10-30
2. Formation has no formalities: a private document, electronic document or any writing showing intent to create the security is enough. It may be in another language, but needs an official Spanish translation for enforcement.Ley 45-20 de Garantías Mobiliarias, art. 15 and paragraph I, 2020-02-21 official text · verified 2026-10-30
3. Rights are effective against third parties once publicity is achieved: by SEGM registration for non possessory security and by delivery for possessory security, unless the parties also register.Ley 45-20 de Garantías Mobiliarias, art. 22, 2020-02-21 official text · verified 2026-10-30
4. Priority follows the moment of publicity. A creditor who registered ranks ahead of an unregistered earlier creditor, and ahead of later attachments.Ley 45-20 de Garantías Mobiliarias, art. 69 and art. 70 paragraph I, 2020-02-21 official text · verified 2026-10-30
5. Purchase money security, called priority security, ranks ahead of an earlier general security over the same type of goods, if created and published under the law, even if registered later, but only over the specific assets financed and their proceeds.Ley 45-20 de Garantías Mobiliarias, art. 24 and art. 74, 2020-02-21 official text · verified 2026-10-30
6. The inventory debtor needs the creditor's authorization to grant priority security over goods entering charged inventory, unless agreed otherwise.Ley 45-20 de Garantías Mobiliarias, art. 44 paragraph, 2020-02-21 official text · verified 2026-10-30
7. Security over money deposits is published by the creditor taking control, not by registry filing. The depositary bank keeps its set off rights and need not sign a control agreement.Ley 45-20 de Garantías Mobiliarias, art. 43, 2020-02-21 official text · verified 2026-10-30
8. Security over vehicles is also published in the SEGM.Ley 45-20 de Garantías Mobiliarias, art. 46, 2020-02-21 official text · verified 2026-10-30
9. Registration lasts five years unless the parties agree otherwise and can be renewed before expiry, keeping original priority.Ley 45-20 de Garantías Mobiliarias, art. 62, 2020-02-21 official text · verified 2026-10-30
10. SEGM fees are a flat fee per operation and may not be set by reference to the amount of the credit.Ley 45-20 de Garantías Mobiliarias, art. 65 paragraph, 2020-02-21 official text · verified 2026-10-30
11. Fees are: RD$0 database consultation, RD$100 search, RD$1,000 registration, modification, renewal, enforcement or attachment notice, RD$500 cancellation and RD$300 electronic certificate. The Ministry of Industry, Commerce and Mipymes may update them.
Cost to do it: RD$1,000 (US$16.42) per notice; RD$100 (US$1.64) search; RD$300 (US$4.93) certificate; RD$500 (US$8.21) cancellation.
Example: RD$1,000 / US$16.42Decreto 18-23, Reglamento del SEGM, art. 12 paragraphs II and III, 2023-01-26 official text · verified 2026-10-30
12. To enforce, the creditor registers an enforcement form. The certificate and the security contract together are an enforceable title, with no prior proceeding needed.Ley 45-20 de Garantías Mobiliarias, art. 84, 2020-02-21 official text · verified 2026-10-30
13. The parties may agree judicial or out of court enforcement, and a special seizure procedure.Ley 45-20 de Garantías Mobiliarias, art. 87 and art. 88, 2020-02-21 official text · verified 2026-10-30
14. Out of court enforcement runs through an agreed notary, public auctioneer or trustee. The debtor has three clear days to show payment or limitation only, then the executor orders auction, direct sale or award in payment with no expert appraisal.Ley 45-20 de Garantías Mobiliarias, art. 94, art. 96 and art. 97, 2020-02-21 official text · verified 2026-10-30
15. Judicial enforcement allows objection within three clear days, on payment or limitation only, and the decision on it has no appeal.Ley 45-20 de Garantías Mobiliarias, art. 113 and paragraph I, 2020-02-21 official text · verified 2026-10-30
16. If no bidder appears the assets go to the creditor at the auction base; any shortfall can be pursued in court using the executor's certificate as title.Ley 45-20 de Garantías Mobiliarias, art. 101, 2020-02-21 official text · verified 2026-10-30
17. The preferential right lapses five years after the creditor could first enforce, unless the law says otherwise.Ley 45-20 de Garantías Mobiliarias, art. 83 paragraph II, 2020-02-21 official text · verified 2026-10-30
18. Old civil and commercial pledge rules that conflict are repealed, the farm pledge articles of Ley 6186 are repealed, and any reference to them is read as the unitary regime.Ley 45-20 de Garantías Mobiliarias, art. 131 and art. 132, 2020-02-21 official text · verified 2026-10-30

Worked example

  • A lender takes security over inventory of a distributor. Search RD$100 (US$1.64), registration RD$1,000 (US$16.42) and certificate RD$300 (US$4.93) total RD$1,400 (US$22.99) whatever the size of the loan. Renewal after five years costs RD$1,000 (US$16.42), and an enforcement notice RD$1,000 (US$16.42).

Step by step

  1. Search the debtor and assets in the SEGM.
  2. Draft the security agreement with a description by category and an agreed enforcement route and executor.
  3. Register before disbursing, since priority runs from registration.
  4. For deposits, obtain control; for purchase money finance, give the required notice to prior creditors.
  5. Diary renewal before the five year term ends.

Common traps

  • Registration date beats contract date: an unregistered earlier security loses.
  • Keep an official Spanish translation ready: enforcement needs it.
  • The registry is informative only and creates no rights (art. 62 paragraph I).
  • If a registration lapses, priority is at risk; the debtor cannot use the lapse as a defence, but third parties are a different matter.
  • The fee schedule may be updated by ministry resolution; no update was found on verification.

Sources

Related pages

Related: Dominican Republic country profile · live dashboard · central bank and release calendar · our posts on X

Get rule changes weekly

Free. One email a week from The LatAm Thread.

One more step after you press the button: we take you to Substack, where your email is already filled in. Confirm there to start. No spam, unsubscribe anytime, we never share your address. By subscribing you agree to the privacy policy.