B-40: INTER-AMERICAN CONVENTION ON CONFLICTS OF LAWS CONCERNING COMMERCIAL
COMPANIES
ADOPTED AT: MONTEVIDEO, URUGUAY
DATE: 05/08/79
CONF/ASSEM/MEETING: SECOND INTER-AMERICAN SPECIALIZED CONFERENCE ON PRIVATE
INTERNATIONAL LAW
,
ENTRY INTO FORCE: 06/14/80 IN ACCORDANCE WITH ARTICLE 12 OF THE CONVENTION
DEPOSITORY: GENERAL SECRETARIAT, OAS (ORIGINAL INSTRUMENT AND
RATIFICATIONS)
, ,
TEXT: OAS, TREATY SERIES, NO. 50
UN REGISTRATION: 03/20/89 No. 24389 Vol.
OBSERVATIONS:
GENERAL INFORMATION OF THE TREATY: B-40
===============================================================================
SIGNATORY COUNTRIES SIGNATURE REF RA/AC/AD REF DEPOSIT INST INFORMA REF
===============================================================================
Argentina ........... 12/01/83 11/07/83 12/01/83 RA / /
Bolivia ............. 08/02/83 / / / / / /
Brazil .............. 05/08/79 08/31/95 11/27/95 RA / /
Chile ............... 05/08/79 / / / / / /
Colombia ............ 05/08/79 / / / / / /
Costa Rica .......... 05/08/79 / / / / / /
Dominican Republic .. 05/08/79 / / / / / /
Ecuador ............. 05/08/79 / / / / / /
El Salvador ......... 08/11/80 / / / / / /
Guatemala ........... 05/08/79 06/06/83 R a 11/07/84 RA / /
Haiti ............... 05/08/79 / / / / / /
Honduras ............ 05/08/79 / / / / / /
Mexico .............. 08/03/82 1 01/21/83 03/09/83 RA / /
Panama .............. 05/08/79 / / / / / /
Paraguay ............ 05/08/79 07/05/85 08/16/85 RA / /
Peru ................ 05/08/79 04/09/80 05/15/80 RA / /
Uruguay ............. 05/08/79 D 2 02/12/80 D b 05/15/80 RA / /
Venezuela ........... 05/08/79 03/29/85 05/16/85 RA / /
===============================================================================
REF = REFERENCE INST = TYPE OF INSTRUMENT
D = DECLARATION RA = RATIFICATION
R = RESERVATION AC = ACCEPTANCE
INFORMA = INFORMATION REQUIRED BY THE TREATY AD = ACCESSION
B-40. INTER-AMERICAN CONVENTION ON CONFLICTS OF LAWS
CONCERNING COMMERCIAL COMPANIES
1. Mexico:
Signed ad referendum.
2. Uruguay:
(Declaration made at the time of signature)
The scope of public order:
Uruguay wishes to state that it expressly ratifies the line of
thought enunciated in Panama at CIDIP-I, reaffirming its genuine Pan
American spirit and its clear and positive decision to contribute
with its ideas and endorsement to the successful development of the
legal community.
This line of thinking and conduct has been evidenced in an
unquestionable manner by the unreserved ratification by Uruguay of
all the Conventions of Panama, approved by law number 14,534 in
1976.
In line with the foregoing, the Oriental Republic of Uruguay
gives its affirmative vote to the formula regarding public order.
Nevertheless, Uruguay wishes to state expressly and clearly that, in
accordance with the position it maintained in Panama, its
interpretation of the aforementioned exception refers to
international public order as an individual juridical institution,
not necessarily identifiable with the internal public order of each
state.
Therefore, in the opinion of the Oriental Republic of Uruguay,
the approved formula conveys an exceptional authorization to the
various States Parties to declare in a nondiscretionary and
well-founded manner that the precepts of foreign law are
inapplicable whenever these concretely and in a serious and open
manner offend the standards and principles essential to the
international public order on which each individual state bases its
legal individuality.
a. Guatemala:
(Reservations made at the time of ratification)
1. With respect to Article 4 of the Convention, the Republic
of Guatemala declares that it will apply the provisions of Article
213 of the Commercial Code, which prohibits foreign companies from
doing business when they provide professional services, the
performance of which requires a legally recognized university
degree, title or diploma. Consequently, it will not permit
commercial companies incorporated in another state to do business
whenever their direct or indirect purpose is to provide that type of
service.
2. In respect of Article 5 of the Convention, the Republic of
Guatemala will apply and make binding the pertinent provisions of
its domestic legislation to companies incorporated in another state
that intend to establish the real headquarters of their central
administration, or their agencies or branches in Guatemalan
territory, and such companies must abide by the requirements
established in the laws of Guatemala.
b. Uruguay:
(Declaration made at the time of ratification)
With the declaration made at the time of signature.
Text
of the Treaty