3. NATIONAL INVESTMENT COUNCIL
INVESTOR'S GUIDE HONDURAS 2020 - 2021
3.3.5CONFLICTPREVENTIONREGIMES The procedure that allows natural persons or legal entities interested in developing projects or investment activities, to prevent real estate conflicts, related to property rights disputes of persons who are not currently in possession of said real estate. This process is free of charge. BENEFITS i. Two years of protection to establish the investment. ii. There is no size limit of land or building to be granted with protection. iii. The prevention of conflicts under the extinction of possible property rights that non-owners have over a property. iv. Once the property rights are extinguished, no third party claiming to have property rights may file claims for ownership of the property or acquire any right over it. Claims on the property will be resolved by arbitration from any local Chambers of Commerce arbitration center, and under its rules and regulations. PROCEDURE a. The Investor must have carried out the insurance contract in accordance with the parameters established in Articles 4 and 5 of the Regulations of the Law for the Promotion and Protection of Investments. b. Submission of the Application for Benefit to the Executive Secretary of the National Investment Council. The Requirements are found in Article 3 of the Regulations of the Law for the Promotion and Protection of Investments.
c. The CNI will receive the application and verify the compliance of the requirements, and determine whether the application is “appropriate”, "to correct" or "not appropriate". • The Executive Secretary will determine whether the application meets the requirements. • In case of failure to comply with the requirements, the Executive Secretary of the CNI shall request the applicant provide documents or meet requirements to complete the reception. • If the application does not meet all the requirements, nor provides documentation to legally fulfill the indispensable steps for the continuation of the process, a notification related to the non completion within the deadline of ten (10) days, will trigger in the expiration of the application (Correction). d. Once the application has been approved, the CNI will issue a notice of publication within three (3) days of its admission, which must be published by the applicant, as follows: • The notice shall be published in at least two daily newspapers of national circulation, with separate intervals of 10 days between each publication (using the text issued by the CNI Executive Secretary). The notice must clearly indicate the procedure completion initiated with the National Investment Council. • The notice must be announced on a radio station with national coverage and one with coverage in the locality where the real estate subject to protection is located. It must be broadcast at the hour with the most audience (using the text issued by the CNI Executive Secretary). The notice must clearly indicate the procedure completion initiated with the National Investment Council.
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