reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 312 - Electronic Transactions Act (§§ 4081 — 4096) › § 4096 - Relation to other laws; severability

This chapter is promulgated pursuant to and in accordance with the “Federal Electronic Signatures in Global and National Commerce Act” (E-Sign), P.L. No. 106-229, 114 Stat. 464 (2001), 15 U.S.C.A. § 7001 et seq.
This chapter does not intend to modify, limit, or supersede the requirements of Section 101(c), (d) or (e) or to authorize the remittance by electronic means of any notification of the type described in Section 103(b) of the Federal Electronic Signatures in Global and National Commerce Act.
Should any provision of this chapter be ruled without effect, such ruling shall not affect the remaining provisions of this chapter, which shall remain in full force and effect.
History —Aug. 8, 2006, No. 148, § 17, renumbered as § 22 on Oct. 25, 2010, No. 155, § 10.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 314 - Financial Assets Transfer Special Act (§§ 4121 — 4126) › § 4121 - Definitions

For the purposes of this chapter the following terms shall have the meaning stated below:
(a) Financial asset. — Shall mean an account, an instrument, financial paper or any contract that gives a natural or juridical person the right to receive payments in cash or through an instrument from another natural or juridical person.
(b) Instrument. — Shall mean an “instrument” as said term is defined in the Commercial Transactions Act, §§ 401 et seq. of Title 19.
(c) Account. — Shall mean an “account” as said term is defined in the Commercial Transactions Act, §§ 401 et seq. of Title 19.
(d) Valid contract. — Shall mean a written contract that meets the applicable requirements for its juridical validity.
(e) Purchase and sale. — Shall mean a juridical business that meets the requirements imposed by the Puerto Rico Civil Code of 1930, as amended, in §§ 3741—3961 of Title 31 relative to a “purchase and sale” or with the requirements imposed by the Commercial Code in the case of a “purchase for resale”, as said term is defined in the Commercial Code.
(f) Commercial Code. — Shall mean the Puerto Rico Commercial Code of 1932, as amended, §§ 1001 et seq. of this title.
(g) Assignment. — Shall mean a juridical business that meets the requirements imposed by §§ 3942—3961 of Title 31, related to the “assignment” or “transfer of credits”.
(h) Documentation. — Shall mean the contract through which the transfer of financial assets is conducted as well as other documents related to such a transaction.
(i) Commercial Transactions Act. — Shall mean §§ 401 et seq. of Title 19, known as the “Commercial Transactions Act”.
(j) Financial paper. — [Shall mean] as said term is defined in the Financial Transactions Act, §§ 401 et seq. of Title 19.
History —Feb. 23, 2007, No. 13, § 2.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 314 - Financial Assets Transfer Special Act (§§ 4121 — 4126) › § 4122 - Elements that shall not affect the characterization

In a valid contract through which one or more financial assets are transferred and which clearly and expressly sets forth the intention of the parties as to the fact that said transfer constitutes a purchase and sale or an assignment of financial assets, said manifest intention of the parties shall be conclusive in the absence of bad faith or fraud. The purchase and sale or assignment of financial assets shall be deemed as such regardless of whether:
(a) The documentation contemplates a guarantee agreement on the part of the seller or assignor or of a third party in favor of the purchaser or assignee relative to the solvency of the debtor under the credit that underlies the financial asset sold or assigned;
(b) the documentation contemplates any guarantee agreement on the part of the seller or assignor or of a third party in favor of the purchaser or assignee relative to the existence or validity of the financial asset sold or assigned;
(c) the documentation contemplates any term or agreement in the documentation that tends to indicate that the risk of loss under the financial asset sold or assigned has been retained, totally or partially, by the seller or assignor of said financial asset or by a third party;
(d) the documentation contemplates any term that tends to indicate that the seller or assignor of the financial asset, or a third party has retained some interest on or right over:
(1) The financial asset;
(2) the revenues generated by the financial asset, or
(3) the product resulting from the transfer of the financial asset;
(e) the documentation contemplates any term through which the seller or assignor of the financial asset or a third party is obligated to correct any payments deficiency under the financial asset;
(f) the documentation imposes an obligation or grants the right to the seller or assignor of the financial asset, or to a third party, to provide administration services or servicing and/or custody relative to the financial asset sold or assigned under terms and conditions that are usual for the industry;
(g) that the seller or assignor or a third party retains possession of the financial assets sold or assigned in the discharge of their rights or obligations for administering, providing, servicing or providing custody services;
(h) the accountable, taxable or regulatory treatment granted by the parties or by some other entity to the transfer of the financial assets, or
(i) the absence of a notice to the debtor under the financial asset sold or assigned of the transfer of said financial asset.
History —Feb. 23, 2007, No. 13, § 3.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 314 - Financial Assets Transfer Special Act (§§ 4121 — 4126) › § 4123 - Relation to other types of contracts

The provisions of this chapter shall not affect the characterization of the transactions through which a seller sells one or more financial assets to a purchaser subject to the obligation of repurchasing the same on a certain date or at the option of the purchaser through a repurchase agreement or through which a purchase buys one or more financial assets subject to the obligation of reselling the same to the seller on a certain date or at the option of the purchaser through a reverse repurchase agreement.
History —Feb. 23, 2007, No. 13, § 4.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 314 - Financial Assets Transfer Special Act (§§ 4121 — 4126) › § 4124 - Relation to tax laws

The provisions of this chapter shall not alter the tax treatment of the sales or assignments of the financial assets governed by this chapter.
History —Feb. 23, 2007, No. 13, § 5.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 314 - Financial Assets Transfer Special Act (§§ 4121 — 4126) › § 4125 - Relation to accounting norms

The provisions of this chapter shall not alter the generally accepted accounting norms applicable to the sale or assignment of financial assets governed by this chapter.
History —Feb. 23, 2007, No. 13, § 6.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 314 - Financial Assets Transfer Special Act (§§ 4121 — 4126) › § 4126 - Construction norms

The provisions of this chapter shall be construed liberally with the purpose of promoting the development and implementation of the public policy enunciated in its Statement of Motives and achieving any other purposes provided in this chapter. In the case of any deficiency in the provisions of this chapter, the same shall be supplied by the provisions of the Puerto Rico Civil Code, always taking into consideration the implementation and furthering of the public policy and the purposes expressed in the Statement of Motives and in the provisions of this chapter.
History —Feb. 23, 2007, No. 13, § 7.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 315 - Industrial and Trade Secret Protection Act of Puerto Rico (§§ 4131 — 4141) › § 4131 - Definitions

For purposes of this chapter, the following terms shall have the meaning provided for below:
(a) Information.— Knowledge that broadens or clarifies knowledge already garnered. It includes, but is not limited to, any formula, compilation, method, technique, process, recipe, design, treatment, model or pattern.
(b) Improper means.— Unlawful means not allowed under the law or which is contrary to free competition and to laws and regulations in effect, whereby a trade secret is obtained, including, but not limited to, misappropriation, theft, bribery, malfeasance, deceit, breach of contractual duties, wiretapping, or espionage through electronic or other means.
(c) Person.— Any natural or juridical person.
—June 3, 2011, No. 80, § 2.
History
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 315 - Industrial and Trade Secret Protection Act of Puerto Rico (§§ 4131 — 4141) › § 4132 - Trade secret

Industrial or trade secrets are deemed to be any information:
(a) That has a present or a potential independent financial value or that provides a business advantage, insofar as such information is not common knowledge or readily accessible through proper means by persons who could make a monetary profit from the use or disclosure of such information, and
(b) for which reasonable security measures have been taken, as circumstances dictate, to maintain its confidentiality.
Any information generated by, used in or resulting from any failed attempts to develop a trade secret shall also be deemed to be a part thereof.
History —June 3, 2011, No. 80, § 3.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 315 - Industrial and Trade Secret Protection Act of Puerto Rico (§§ 4131 — 4141) › § 4133 - Reasonable security measures

Reasonable security measures are any preventive measures that should be taken in order to limit access to information under specific circumstances. These shall be determined pursuant to any foreseeable conduct whereby the trade secret could be accessed and the nature of the risk ensuing from such conduct, as well as the cost-benefit ratio between the security measure and the trade secret.
Measures that can be deemed to be reasonable to maintain the confidentiality of the trade secret include, but are not limited to:
(a) The nondisclosure of information to individual or entities not authorized to access such information;
(b) limiting the number of persons authorized to access such information;
(c) requiring company employees authorized to access such information to sign confidentiality agreements;
(d) keeping such information in a place separate from any other information;
(e) labeling such information as confidential;
(f) taking measures to impede the indiscriminate reproduction of such information;
(g) establishing control measures for the use of or access to such information by company employees, or
(h) implementing any technologically available measures when publishing or transmitting such information over the Internet, including the use of email, web pages, message boards, and any other equivalent medium.
History —June 3, 2011, No. 80, § 4.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 315 - Industrial and Trade Secret Protection Act of Puerto Rico (§§ 4131 — 4141) › § 4134 - Grounds for action

Any natural or juridical person who misappropriates a trade secret shall be held accountable for any damages caused to its owner.
For purposes of this chapter, misappropriation shall be:
(a) The acquisition of a trade secret belonging to another by a person who knew or should have known that he/she acquired such secret directly or indirectly through improper means, or
(b) the disclosure or use of a trade secret belonging to another without his/her express or implicit consent, by a person who:
(1) Used improper means to gain knowledge of the trade secret, or
(2) at the time of disclosure or use, such person knew or should have known that such trade secret was:
(A) Obtained through a person who acquired such information through the use of improper means;
(B) obtained under circumstances from which a duty to maintain confidentiality or to limit use ensues;
(C) obtained through a person who had the duty-bound to the trade secret’s owner to maintain confidentiality or limit use, or
(D) known by accident or by mistake.
History —June 3, 2011, No. 80, § 6.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 315 - Industrial and Trade Secret Protection Act of Puerto Rico (§§ 4131 — 4141) › § 4135 - Special proceedings

When in the judgment of the corresponding court, in a lawsuit supported by a sworn statement filed by the owner of a trade secret, specific facts are alleged which clearly establish that the defendant misappropriated such trade secret, that the disclosure or use thereof by the defendant shall cause damages to the plaintiff, and that it is highly likely that the plaintiff shall prevail, the court shall issue a provisional ex parte order to require the defendant to immediately stop, cease or desist, under warning of contempt, from the use and disclosure of the trade secret which prompted such lawsuit, until a hearing is held within ten (10) days following the date the provisional order is issued.
The provisional order shall provide for a hearing to be held within ten (10) days following the date such order is issued, in order for the defendant to show grounds for which a preliminary injunction should not be issued so as to allow for the elucidation of the rights of the parties involved. The order thus issued shall be rendered ineffective, inefficient, and invalid and shall not be enforceable after such ten (10)-day term has transpired. Such term may only be extended if the court finds that extraordinary circumstances exist before the expiration of the term for the previous order.
History —June 3, 2011, No. 80, § 7.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 315 - Industrial and Trade Secret Protection Act of Puerto Rico (§§ 4131 — 4141) › § 4136 - Remedies; injunction

In all cases in which it is proven that an industrial or trade secret has been misappropriated, the court may issue a preliminary injunction order, for which the plaintiff shall not be under the obligation to prove irreparable damages. Furthermore, the court may issue a permanent injunction once the case has been fully heard.
The court, by request of the defendant, shall terminate the injunction if such industrial or trade secret has ceased to exist as a secret. The court may extend the injunction for an additional reasonable term so as to prevent the defendant from obtaining an improper business advantage, or if the defendant is culpable when such secret ceases to exist.
The court may, under extraordinary circumstances, order that reasonable royalties be paid if it finds that prohibiting the future use of an industrial or trade secret would be an unreasonable measure. The term provided for paying such royalties shall not exceed the term during which the use of the industrial or trade secret was prohibited. Finding that a party is using the trade secret before being aware or in a position that allowed him/her to be aware of the concept of misappropriation shall be deemed to be an extraordinary circumstance, thus rendering the injunction non-equitable.
—June 3, 2011, No. 80, § 8.
History
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 315 - Industrial and Trade Secret Protection Act of Puerto Rico (§§ 4131 — 4141) › § 4137 - Remedies; damages

Except in cases in which there has been a change in position or situation, before the defendant was aware or should have been aware of the concept of misappropriation concerning the information of the industrial or trade secret, and this renders a monetary settlement non-equitable, the plaintiff may recover any material damages sustained because of such misappropriation. The plaintiff may also claim any additional damages caused by any advantage obtained by the defendant as a result of such misappropriation which have not been included in the computation of losses caused by such damages. If unable to prove, to the satisfaction of the court, material damages or damages caused by improper advantage, the court may order the payment of royalties for a term that shall not be longer than the term for which the use of such information would have been prohibited.
The court, in its discretion, may fix the sum total for damages in an amount that shall not exceed thrice (3) the proven damages when the court finds that the violation was intentional and perpetrated in bad faith.
The elements to be considered when granting damages for misappropriation of an industrial or trade secret include, but are not limited to:
(a) Loss of profit for the owner of such information;
(b) value of the sum that would have been paid to a consultant to develop such information;
(c) depreciation of such information’s value as a result of disclosure;
(d) developing costs in the process of acquiring such information, or
(e) such information’s market value.
History —June 3, 2011, No. 80, § 9.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 315 - Industrial and Trade Secret Protection Act of Puerto Rico (§§ 4131 — 4141) › § 4138 - Attorney’s fees

In addition to the circumstances provided for in the Rules of Civil Procedure in effect, the court shall impose on the claimant, in its ruling, a reasonable sum on account of attorney’s fees if the evidence presented proves that such misappropriation by the defendant was intentional and perpetrated in bad faith.
History —June 3, 2011, No. 80, § 10.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 315 - Industrial and Trade Secret Protection Act of Puerto Rico (§§ 4131 — 4141) › § 4140 - Effect of other laws

Except for the provisions in this section, this chapter preempts any law of the Government of Puerto Rico that provides for civil remedies for misappropriation of a trade secret.
This chapter does not affect:
(a) Contractual remedies, whether or not based on the misappropriation of a trade secret.
(b) Other civil remedies not based on the misappropriation of a trade secret.
(c) Criminal actions, whether or not based on the misappropriation of a trade secret.
History —June 3, 2011, No. 80, § 12.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 315 - Industrial and Trade Secret Protection Act of Puerto Rico (§§ 4131 — 4141) › § 4141 - Prescription

Any action or proceedings to enforce any provision of this chapter shall be instituted no later than three (3) years following the date the person affected became or should have been aware of the occurrence of the facts that constitute grounds for an action.
History —June 3, 2011, No. 80, § 13.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 316 - Self-Service Storage Facilities Lien Act (§§ 4151 — 4161) › § 4151 - Definitions

In the application and interpretation of this chapter, the following terms shall have the meaning provided hereinbelow:
(a) Operator.— The owner, lessor, or sublessor of a self-service storage facility or self-service mobile storage unit, his/her agent, or any person designated by him/her to comply with the obligations or exercise the corresponding rights by virtue of the self-service storage rental agreement. If an owner issues any warehouse receipt, bill of lading, or other document of title for the personal property stored in the leased space, the operator and occupant shall be subject to the provisions of §§ 401 et seq. of Title 19, and the provisions of this chapter shall not apply.
(b) Occupant.— A natural or juridical person authorized to use a self-service storage facility or self-service mobile storage unit in accordance with the provisions of the self-service storage rental agreement executed with the operator.
(c) Self-service storage rental agreement.— Any agreement between an operator and an occupant that establishes the terms, conditions, limitations, rental fee, default charges, expenses, or charges to be paid by the occupant, as well as any other provisions concerning the occupancy and use of a self-service storage facility or self-service mobile storage unit. The self-service storage rental agreement shall always contain the obligations and duties of the occupant and the operator, in addition to the process whereby the lien granted to the operator by this chapter shall be executed.
(d) Leased space.— The individual storage space at the self-service storage facility or self-service storage mobile unit which is or could be rented to an occupant to be used pursuant to a self-service storage rental agreement.
(e) Self-service storage facility.— Any real property devoted to the lease of space in which the occupant, by himself and without the intervention of the operator, may store and remove personal property during the term of the lease. These spaces shall not be used for residential or illegal purposes. A self-service storage facility shall not be considered a warehouse or a public service company for purposes of §§ 1001 et seq. of Title 27.
(f) Last known address.— Address provided by the occupant in the self-service storage rental agreement, or the address provided by the occupant to the operator by certified mail indicating a change of address.
(g) Self-service mobile storage unit.— Any mobile unit such as a trailer, van, or shipping container, among others, that is rented by an occupant as a storage space, whether located in a self-service storage facility or in any other place designated by the occupant duly authorized by the operator.
History —Aug. 10, 2011, No. 173, § 2.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 316 - Self-Service Storage Facilities Lien Act (§§ 4151 — 4161) › § 4152 - Jurisdiction to adjudicate disputes

The Department of Consumer Affairs shall have concurrent jurisdiction with the Court of First Instance to adjudicate any disputes that may arise between an operator and an occupant, whether the same is a natural or juridical person, pursuant to the administrative procedure followed by said agency or the procedures established by the Courts Administration. The operator shall not proceed with the enforcement of the lien under § 4153 of this title while a dispute is pending before the corresponding forum; provided, that the operator has been duly notified that such dispute has been duly filed with the corresponding forum through the applicable procedure.
History —Aug. 10, 2011, No. 173, § 3.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 316 - Self-Service Storage Facilities Lien Act (§§ 4151 — 4161) › § 4153 - Operator’s lien

The operator of a leased space shall have a lien upon all personal property of an occupant in default that is stored at a self-service storage facility or self-service mobile storage unit, as well as the right to retain said personal property as guarantee for the payment of rent, late payment fees, and other expenses or charges payable by the occupant under the self-service storage rental agreement. Expenses reasonably incurred by the operator in the management, preservation, sale, or disposition of personal property and the enforcement of the lien herein created are also included. The portion of the lien for the expenses incurred in the management, preservation, sale or disposition, or execution of the property shall not exceed one thousand five hundred dollars ($1,500). Said lien attaches all personal property stored in the leased space, except for personal identification documents, and shall be perfected when occupant’s payment is in default and becomes liquid and demandable. Such lien shall be superior to any other lien or right in favor of third parties, except for any lien perfected prior to the date on which the property was brought to the leased space. This lien shall never prevail over liens of the State on the occupant’s property as provided in the Civil Code.
History —Aug. 10, 2011, No. 173, § 4.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 316 - Self-Service Storage Facilities Lien Act (§§ 4151 — 4161) › § 4154 - Right to deny access to the property

If the rent due from the occupant remains unpaid twenty (20) days after such rent became due, the operator may, without prior notice to such occupant, deny him/her access to the leased space in the self-service storage facility or self-service mobile storage unit where the occupant has stored his/her property.
History —Aug. 10, 2011, No. 173, § 5.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 316 - Self-Service Storage Facilities Lien Act (§§ 4151 — 4161) › § 4156 - Motor vehicle or water craft

If, pursuant to the provisions of this chapter, the property retained and sold is a motor vehicle or watercraft, the Secretary of the Department of Transportation and Public Works or the Secretary of the Department of Natural and Environmental Resources, as the case may be, upon compliance with the requirements set forth by the corresponding agency, shall issue a certificate of title and registration to the buyer when the latter presents the corresponding application together with the sworn statement of the person who made the sale and the evidence that said sale was conducted pursuant to the provisions of this chapter.
History —Aug. 10, 2011, No. 173, § 7.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 316 - Self-Service Storage Facilities Lien Act (§§ 4151 — 4161) › § 4157 - Self-service storage rental agreement

The rental of a self-service storage facility or self-service mobile storage unit shall be governed by the self-service storage rental agreement entered into by the operator and the occupant. They may agree on rental terms other than those supplementarily established in this chapter; provided, that the same are not against the law, morality, or public order nor contain terms that are more onerous to the occupant or operator than those established in this chapter. However, the self-service storage rental agreement shall always contain the obligations and duties of the occupant and the operator, in addition to the procedure to enforce the lien granted to the operator under this chapter. The obligations and duties between the operator and the occupant, and vice versa, shall be those contractual stipulations entered into through a written or electronic document signed by the parties constituted by said operator and occupant. Among other obligations included in the rental agreement, the following shall be established:
(a) Among other things, the operator shall be bound to the occupant with respect to the following:
(1) Deliver the leased space on the date stipulated in the self-service storage rental agreement.
(2) Make repairs as are necessary to preserve it for use as self-service storage.
(3) Ensure the occupant’s peaceful enjoyment of the leased space for the duration of the self-service storage rental agreement; provided, that said occupant has complied with his/her contractual obligations.
(4) Sign an official receipt for each payment made by the occupant, deliver the same to such occupant, and keep copies thereof for a term of five (5) years.
(b) Among other things, the occupant shall be bound to the operator with respect to the following:
(1) Compliance with the self-service storage rental agreement pursuant to the terms and conditions agreed upon.
(2) Use of the leased space pursuant to the provisions of the self-service storage rental agreement.
(3) Refrain from using the leased space for residential purposes or for the storage of harmful or toxic substances, toxic waste, pollutants, and illegal merchandise or products.
History —Aug. 10, 2011, No. 173, § 8.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 316 - Self-Service Storage Facilities Lien Act (§§ 4151 — 4161) › § 4158 - Care, custody and control over property

Unless the self-service storage rental agreement provides otherwise, the care and custody of and control over the property stored in a leased self-service storage space or mobile unit shall be, at all times, the exclusive responsibility of the occupant.
History —Aug. 10, 2011, No. 173, § 9.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 316 - Self-Service Storage Facilities Lien Act (§§ 4151 — 4161) › § 4159 - Liability insurance

The operator shall be required to have liability insurance to answer for damages or the wrongful attachment of any property stored in his/her facilities, which shall also cover a wrongful attachment. The operator shall be further required to notify requirements, restrictions, and rules by means of signs conspicuously posted in his/her facilities or other adequate means in order for occupants to be duly informed. The amount of the liability insurance policy, as well as the requirements of this Section, shall be determined by the Department of Consumer Affairs through regulations.
History —Aug. 10, 2011, No. 173, § 10.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 316 - Self-Service Storage Facilities Lien Act (§§ 4151 — 4161) › § 4160 - Regulations

The Secretary of the Department of Consumer Affairs is hereby authorized to implement the provisions of this chapter by adopting regulations within one hundred eighty (180) days after the approval of this act, which shall provide, among other things, penalties for self-service storage facilities that fail to comply with the provisions set forth herein.
History —Aug. 10, 2011, No. 173, § 11.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 316 - Self-Service Storage Facilities Lien Act (§§ 4151 — 4161) › § 4161 - Conflicting provisions

In those cases in which the provisions of this chapter are in conflict with the provisions of any other act, the provisions of this chapter shall prevail.
History —Aug. 10, 2011, No. 173, § 12.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 317 - Act Prohibiting the Sale in Puerto Rico of Gasoline Containing Methyl Tertiary Butyl Ether as a Duel Additive (§§ 4171 — 4175) › § 4171 - Definitions

For purposes of this chapter, the following words shall have the meaning indicated hereinbelow:
(a) Gasoline.— Means, includes and comprises gasoline, benzene, naphtha and any other liquid prepared, advertised, offered for sale, sold to be used for, or used for the generation of power or energy needed to propel motor vehicles, including any product obtained by mixing one or more petroleum by-products, or of natural gas or of any other origin, if the resulting product can be given the same use.
(b) Methyl Tertiary Butyl Ether.— Means methyl tertiary butyl ether and tertiary butyl alcohol (product derived when tertiary butyl ether is disintegrated in the environment).
(c) DACO.— Means the Department of Consumer Affairs.
(d) EQB.— Means the Environmental Quality Board.
History —Jan. 11, 2012, No. 16, § 2, eff. 90 days after Jan. 11, 2012.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 317 - Act Prohibiting the Sale in Puerto Rico of Gasoline Containing Methyl Tertiary Butyl Ether as a Duel Additive (§§ 4171 — 4175) › § 4172 - Prohibition

No natural or juridical person shall import, sell, serve, or offer to sell gasoline containing Methyl Tertiary Butyl Ether or “MTBE”.
History —Jan. 11, 2012, No. 16, § 3, eff. 90 days after Jan. 11, 2012.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 317 - Act Prohibiting the Sale in Puerto Rico of Gasoline Containing Methyl Tertiary Butyl Ether as a Duel Additive (§§ 4171 — 4175) › § 4173 - Powers of DACO

(a) DACO is hereby empowered to impose sanctions and administrative fines for violations of this chapter and the orders, regulations, and rules issued and approved by DACO pursuant to this chapter. Administrative fines shall not be less than five thousand dollars ($5,000.00) or more than twenty-five thousand dollars ($25,000.00) for each violation, being it understood that each day the violation persists shall be considered a separate violation.
(b) The sanctions imposed as a result of violations for spills or improper storage of gasoline, regardless of whether the same contains MTBE or not, shall correspond to EQB.
(c) Any financial benefit derived by any natural or juridical person from a violation of § 4172 of this title, shall be withheld by DACO and deposited in a special account created for such purposes by DACO.
History —Jan. 11, 2012, No. 16, § 4, eff. 90 days after Jan. 11, 2012.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 317 - Act Prohibiting the Sale in Puerto Rico of Gasoline Containing Methyl Tertiary Butyl Ether as a Duel Additive (§§ 4171 — 4175) › § 4174 - Creation of the Special Fund

The income derived from the fines imposed by DACO pursuant to this chapter shall be deposited in a Special Fund to be created in the books of the Department of the Treasury. This Fund shall be used by DACO to comply with the purposes of this chapter.
History —Jan. 11, 2012, No. 16, § 5, eff. 90 days after Jan. 11, 2012.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 317 - Act Prohibiting the Sale in Puerto Rico of Gasoline Containing Methyl Tertiary Butyl Ether as a Duel Additive (§§ 4171 — 4175) › § 4175 - Rulemaking authority

DACO shall promulgate regulations as are necessary, if any, to achieve the purposes of this chapter within thirty (30) days after the effective date of this act.
History —Jan. 11, 2012, No. 16, § 6, eff. 90 days after Jan. 11, 2012.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 319 - Gift Card Act (§§ 4191 — 4196) › § 4191 - Definitions

For purposes of this chapter, the following terms shall have the meaning stated below:
(a) Bank.— Means a commercial bank organized and authorized to do business in the Commonwealth of Puerto Rico under §§ 1 et seq. of Title 7, better known as the “Banking Law”.
(b) Maintenance fees.— Means the costs charged by the company or business with juridical personality that issues the card in order to keep the card active.
(c) Department.— Means the Department of Consumer Affairs.
(d) Affiliate business.— Means a company or business with juridical personality controlling, controlled by or under the common control with other company or business with juridical personality.
(e) Inactivity period.— Means the period of time during which a gift card has not been used, regardless of the length thereof.
(f) Gift card.— Means a prepaid card that is not rechargeable and has a specific monetary consideration entailing an agreement entered into with the issuer so that the cardholder may use it any time he/she chooses to acquire goods or services, up to the specified amount. This term includes, but is not limited to a tangible card, an electronic card or similar instrument that contains a microprocessor chip, magnetic strip, or other data storage medium.
(g) Open loop gift card.— Means a gift card that may be used to acquire goods or services in different establishments, other than an affiliated group, where the brand (Visa, Master Card, American Express, etc.) is accepted.
(h) Rechargeable gift card.— Means a card, code, or other device that allows the cardholder to add funds after the initial purchase or issue, according to the terms and conditions thereof.
History —Mar. 19, 2015, No. 31, § 2.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 319 - Gift Card Act (§§ 4191 — 4196) › § 4192 - Expiration date

Gift cards may have an expiration date limiting the use of funds, which shall not be less than five (5) years as of the date of issue. This expiration date shall be clearly stated in the card in order to be valid. Otherwise, it shall be understood that the card has no expiration date.
History —Mar. 19, 2015, No. 31, § 3.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 319 - Gift Card Act (§§ 4191 — 4196) › § 4193 - Charges; prohibition

No gift card initial issue or activation fee, inactivity fee or maintenance fee with respect to a gift card shall be charged.
History —Mar. 19, 2015, No. 31, § 4.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 319 - Gift Card Act (§§ 4191 — 4196) › § 4194 - Cash balance

When the balance of a gift card is less than five dollars ($5.00), the cardholder shall be entitled to redeem it for cash. The business for which the gift card was issued shall have the exclusive obligation to issue the reimbursement.
History —Mar. 19, 2015, No. 31, § 5.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 319 - Gift Card Act (§§ 4191 — 4196) › § 4195 - Rulemaking authority

The Department of Consumer Affairs shall be entrusted with overseeing faithful compliance with this chapter and shall promulgate regulations to such purposes within a term of ninety (90) days after the approval of this act. This regulation shall include the penalties to be imposed on the issuer or business that fails to comply with the provisions of this chapter. The department shall inform the People and business on the provisions of this chapter.
History —Mar. 19, 2015, No. 31, § 6.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 319 - Gift Card Act (§§ 4191 — 4196) › § 4196 - Exclusions

The provisions of this chapter shall not apply to certificates issued in paper form, prepaid telecommunications cards, open loop gift cards, rechargeable cards, and card that are not marketed or identified as gift cards, cards issued as an award or promotional program, which do not require a disbursement of money in exchange, or those gift cards that have been purchased on a date prior to the effective date of this act. The provisions of this chapter shall not apply to gift cards, of any type, that were issued and/or administered by a bank in Puerto Rico.
History —Mar. 19, 2015, No. 31, § 7.
2023 Laws of Puerto Rico › TITLE ELEVEN - Workmen’s Compensation (§§ 1 — 268) › Chapter 1 - Workmen’s Accident Compensation (§§ 1 — 42) › § 1 - Short title

This chapter shall be known as “Compensation System for Work-Related Accidents Act”.
History —Apr. 18, 1935, No. 45, p. 250, § 1; Oct. 29, 1992, No. 83, § 1.
2023 Laws of Puerto Rico › TITLE ELEVEN - Workmen’s Compensation (§§ 1 — 268) › Chapter 1 - Workmen’s Accident Compensation (§§ 1 — 42) › § 1b - State Insurance Fund Corporation—Creation

A corporation, as an instrumentality of the Government of the Commonwealth of Puerto Rico, is hereby created in order to carry out the purposes of this chapter, to act, by authority of the same, under the name of “State Insurance Fund Corporation”.
History —Apr. 18, 1935, No. 45, p. 250, added as § 1B on Oct. 29, 1992, No. 83, § 1.
2023 Laws of Puerto Rico › TITLE ELEVEN - Workmen’s Compensation (§§ 1 — 268) › Chapter 1 - Workmen’s Accident Compensation (§§ 1 — 42) › § 2-1 - Workers’ insurance policy for truck drivers

The State Insurance Fund Corporation is hereby authorized to issue a worker’s insurance policy on behalf of that natural person who is a truck driver authorized by the Public Service Commission to engage in offering or rendering freight transportation service to the general public or private person for pay on the public thoroughfares of Puerto Rico, including truck owners or lease operators on percentage engaged in the transportation or hauling of aggregate. This policy shall be paid by the truck driver him/herself and extends protection as employee in every case that he/she may suffer a work related accident or occupational disease as established in this chapter.
In the case of a natural person who is a truck driver transporting aggregate covered by the provisions of §§ 2001 et seq. of Title 27, that operates his/her own truck or lease operators on percentage engaged in the transportation or hauling of aggregate, the State Insurance Fund Corporation shall issue, subject to the regulations promulgated for such purposes and, at the request of the interested party and upon payment of the corresponding premium, a worker’s insurance policy that shall provide a partial coverage for medical services and hospitalization, in the case that they have an accident, suffer an injury or health condition in the course of, or as a consequence of their work or labor. Notwithstanding the foregoing, truck owners or lease operators on percentage engaged in the transportation or hauling of aggregate may opt to avail themselves of a worker’s insurance policy with a higher coverage, as offered by the Corporation for other truck drivers categories covered by this section.
History —Apr. 18, 1935, No. 45, p. 250, added as § 2A on Sept. 8, 2004, No. 263, § 1; Apr. 27, 2012, No. 77, § 1, eff. July 1, 2012.
2023 Laws of Puerto Rico › TITLE ELEVEN - Workmen’s Compensation (§§ 1 — 268) › Chapter 1 - Workmen’s Accident Compensation (§§ 1 — 42) › § 2-2 - Claim for accident or occupational disease by the truck driver

When any truck driver who has availed himself of the worker’s insurance policy suffers an injury or work related disease, he/she shall file the claim for his case in the term provided by law, using the form provided by the State Insurance Fund Corporation. In it shall be included the detailed circumstances of how the alleged accident or occupational disease occurred, the date, time and place as well as the name and address of witnesses, if any. The presentation of said report shall be required in order to receive the medical-hospital services as well as the other benefits granted in this chapter, with the exception of emergency treatment.
History —Apr. 18, 1935, No. 45, p. 250, added as § 2B on Sept. 8, 2004, No. 263, § 1.
2023 Laws of Puerto Rico › TITLE ELEVEN - Workmen’s Compensation (§§ 1 — 268) › Chapter 1 - Workmen’s Accident Compensation (§§ 1 — 42) › § 2-3 - Administrative penalty for undue filing and claims

Any truck driver who avails him/herself of the benefits of this chapter without having suffered an injury or condition derived from his/her work shall be bound to reimburse the expenses incurred by the State Insurance Fund Corporation.
History —Apr. 18, 1935, No. 45, p. 250, added as § 2C on Sept. 8, 2004, No. 263, § 1.
2023 Laws of Puerto Rico › TITLE ELEVEN - Workmen’s Compensation (§§ 1 — 268) › Chapter 1 - Workmen’s Accident Compensation (§§ 1 — 42) › § 2a - Benefits for employers performing manual labor

The Manager of the State Insurance Fund shall extend, subject to such regulations as he may promulgate for such purpose, and by request of the interested party, the medical and hospital benefits provided by this chapter to persons appearing as employers under the State Insurance Fund who, as owners, sharecroppers or leaseholders, supervise and personally perform manual labors on their farms, in their shops, or small businesses, or who qualify as small-scale farmers according to the definition established to such effects by the State Insurance Fund Corporation in coordination with the Department of Agriculture, through the corresponding regulations; who sustain an injury in the course and as a result of their labor or work; Provided, That the Administrator may impose on employers covered by these benefits, or those who qualify as small-scale farmers, a per capita premium computed on the basis of the cost experience of the activity in which they are engaged; Provided, further, That separate classifications shall be kept for the said activities, and the experience accumulated on account of the operation thereof shall be kept separate from all other experience, for statistical purposes and for the promulgation of premium rates. There shall be excluded from the benefits of these provisions the employers that are principally engaged in supervisory, directive or administrative work. Upon the request of the employer or any person who qualifies as a small-scale farmer, coverage may also be extended under like conditions to the employer’s spouse and to the children who earn no wages, provided they are engaged in manual labor on the farm, in their shop or small insured business, and they pay the per capita premium imposed.
History —Apr. 18, 1935, No. 45, p. 250, added as § 2-A on Apr. 30, 1952, No. 160, p. 334, § 2; June 11, 1954, No. 60, p. 332; Sept. 18, 1996, No. 236, § 1; renumbered as § 2D on Sept. 8, 2004, No. 263, § 1.
2023 Laws of Puerto Rico › TITLE ELEVEN - Workmen’s Compensation (§§ 1 — 268) › Chapter 1 - Workmen’s Accident Compensation (§§ 1 — 42) › § 2b - Benefits for employers performing manual labor—Affidavit as to injuries

Whenever a person covered by the provisions of § 2a of this title may sustain an injury while at work, he shall make an affidavit setting forth in detail the circumstances surrounding his alleged accident, as well as the name of the eyewitnesses thereof. If the injury is of such a nature as not to permit the employer to make the said affidavit immediately, the same shall be made by any of his workers who witnessed the accident or, in default thereof, by a near relative of the employer so injured. The making of such affidavit to the office of the State Insurance Fund shall be an indispensable requisite for receiving the medical and hospital services to which the workmen protected by the State Insurance Fund are entitled, with the exception of first-aid treatment in emergency cases. Any person availing himself of the benefits mentioned in § 2a of this title without being entitled thereto, shall be under obligation to reimburse to the State Insurance Fund any payment for medical and hospital services the State Insurance Fund may have unduly made.
History —Apr. 18, 1935, No. 45, p. 250, added as § 2-B on Apr. 30, 1952, No. 160, p. 334, § 2; renumbered as § 2E on Sept. 8, 2004, No. 263, § 1.