By means of official letter 115 - 077651 dated April 10, 2024, the Superintendence of Corporations explained how to convert into shares the value of the contributions in kind for the incorporation of new companies. For instance, the shareholders of the company in the...
Advance for Future Capitalizations Must Follow Terms Agreed Between the Company and Interested Shareholders (Superintendency of Companies, Office 220-046662 of 2024)
The Superintendency of Companies issued guidance on the advance operation for future capitalizations, reiterating the process involved in establishing an advance for future capitalizations, which may lead to a statutory reform impacting the company's share capital. It...
The Council of State clarifies the requirements for the application of the VAT exemption for services rendered in the country and used exclusively abroad
In order for exporters of services to benefit from the VAT exemption, they must comply with a number of requirements (section c of article 481 of the Tax Statute) among which are that the services are rendered from Colombia; that their use or exploitation is carried...
Obligation to enter data in the Beneficial Ownership Single Registry “RUB”
By: Juan Simon Larrea & Javier Moya With the issuance of Law 2155 of September 14, 2021 "Social Investment Law", articles 631-5 and 631-6 of the Tax Statute (hereinafter "ET") were modified and the Single Registry of Final Beneficiaries (hereinafter "RUB") was...
How to form a company in Latin America
All Colombian business entities carrying out international operations must have a Business Transparency and Ethics Program (PTEE)
Peña Mancero Abogados info@pmabogados.co Through External Circular 100-000011 of August 9, 2021, which will come into force as of January 1, 2022, the Colombian Superintendency of Corporations comprehensively modified External Circular 100-000003 of July 26, 2016,...
Two decades of the electronic commerce law in Colombia
Since 1999, Colombia adopted the United Nations (UNCITRAL) model to regulate Electronic Commerce. In 1999, the strength of digitality in society, in the economy and in the transformation of the State was barely discernible. For the law, achieving an interaction with...
The National Tax and Customs Office -DIAN regulates the use of the electronic signatures
The National Tax and Customs Office- DIAN issued Resolution 0070 dated November 3, 2016 whereby all individuals holding digital signatures must migrate to the new Instrument of Electronic Signature, henceforth -IFE- (Instrumento de Firma Electrónica) that will work...
Colombia is a leader in the fight against transnational bribery
By Gabriela Mancero and Felipe Gómez In order to combat transnational corruption, the Government recently passed Law 1778 of February 2, 2016, which establishes a punitive administrative regime for natural and legal persons participating in the conduct of...