What do I need to create a public deed?

• Have Legal Identification documents on hand:

  -Passport

  -Visa

  -Foreigner's Identity Card

What steps do I need to follow to create a public deed?

1. File the application:

   You must make and file the application, providing all the required information.

2. Correction of information:

   If necessary, you must correct any missing or erroneous information.

3. Sending corrected information:

   Once corrected, you must send the updated information to the notary's office.

4. Visit to the notary's office:

   Two days after you have made the initial request, it is up to you to approach the notary's office to request the deed.

5. Review of the minutes:

   You must review the minutes. If you do not agree with the content or detect any errors, you must return it to the notary's office so that the corresponding corrections can be made.

6. Make the payment:

   Proceed with the payment of the deed once everything is in order.

7. Signing and delivery of the deed:

   After signing the deed, you must deliver it to the informant to finalize the process.

8. Receipt of the final deed:

   Once the process is completed, you will receive the final deed, concluding the process.ies after 4 working days.

Where can I go?

What is the cost of this procedure?

Note: Payment will be in local currency COP

How long does this process take?

What regulations must I comply with?

Source: Legal Guide for doing business in Colombia

What do I need to register before the Chamber of Commerce?

1. Public Deed if applicable for the type of company selected or private document.

2. Registration of digital signature of the creators of the company.

3. Identity document of the person who will be the Legal Representative.

What steps do I have to follow to register with the Chamber of Commerce?

1. Create the incorporation document or attach it in PDF format.

2. Fill out the registration and establishment forms if you have them.

The DIAN will send to the e-mail registered by the user, the certificate of the Single Tax Registry - RUT with the legend "certified" and will inform the Tax Identification Number - NIT.

If you do not receive the e-mail, check the status of the RUT or contact the DIAN.

Once the process is approved, the Chamber of Commerce manages the following services to finalize the registration:

• Registration in the Single Tax Registry (RUT) and obtaining the NITT.

• Payment of the registration tax.

• Registration in the Tax Information Registry (RIT) or the one that takes its place.

• Registration of electronic trade books (if requested during the process).

Obtain the Certificate of Existence and Legal Representation (CCR): The Certificate of Existence before the Regional Chamber of Commerce is the document that certifies the registration of the company, the social contract, the reforms and the appointments of administrators and Legal Representative.

Where can I go?

You can perform these procedures online and/or in person at the Regional Chamber of Commerce

What is the cost of this procedure?

Note: Payment will be in local currency COP

How long does this process take?

5 working days

What regulations must I comply with?

Decree 410 of 1971 (Art. 471) (Decree Law)

What do I need to apply for the Electronic Invoice?

1. Acquire a software for invoicing or through a technology provider

2. Register in the DIAN platform for prior validation of the software and the Electronic Invoice

3. Have the RUT updated in responsibility #52 (i.e., Electronic Invoicing)

4. Request authorization for electronic invoice numbering ranges

What steps should I follow to request the Electronic Invoice?

1. Comply with the above-mentioned requirements

2. Request the enabling of the Electronic Invoice

Where can I go?

You can complete this procedure online, through the following link https://micrositios.dian.gov.co/sistema-de-facturacion-electronica/.

What is the cost of this procedure?

No Cost

How long does this procedure take?

>1 business day

What regulations must I comply with?

Law 962 of 2005 (Art. 26) (Ordinary Law) Law 1231 of 2008 (Art. 1, paragraph) (Ordinary Law) Law 1607 of 2012 (Art. 183) (Ordinary Law) Law 1819 of 2016 (Art. 308) (Ordinary Law) Decree 624 of 1989 (Art. 615, 616-1) (Decree Law)

What do I need to open a bank account?

1. Once you have selected the bank of your choice, you must complete the Bank Forms.

2. It is necessary to present the Certificate of Existence and Legal Representation issued by the Chamber of Commerce. 

3. Present the RUT 

4. Submit the Income Tax Return 

5. Prepare the bank account opening request letter with account specifications. 

6. Present the identity documents of the persons authorized by the company to carry out transactions from the bank account.

What steps should I follow to open a bank account?

1. File the documents at the chosen bank branch 

2. Wait for a response from the bank and get your bank account

Where can I go?

You can complete the procedure through the following platform: https://www.bancoagrario.gov.co/cuenta/ahorro/digital

What is the cost of this procedure?

No cost

Note: Each financial institution, depending on its policies, establishes the minimum amount to open a bank account

How long does this procedure take?

1 calendar day

What regulations must I comply with?

Concept 2017121469-001 of the Superintendency of Finance dated November 24, 2017. (Concept) 

Decree Law 410 of 1971 (Art. 1245) (Decree Law) 

Decree Law 410 of 1971 (Art. 1246) (Decree Law)

What do I need to register the investment?

1. File Form 4. Declaration of Exchange for International Investments with the Financial Institution

2. File Form 11. Declaration of Registration of International Investments with the Financial Institution

What steps should I follow to register the Company's Foreign Investment?

1. Complete the forms provided by the Bank of the Republic at the respective financial institution

2. File the documents with the bank

Where can I go?

You must go in person to the bank of your choice

What is the cost of this procedure?

No cost

How long does it take?

>1 business day

What regulations must I comply with?

Law 9 of 1991. By which general norms are dictated to which the National Government must adjust to regulate international exchanges and complementary measures are adopted (art. 9) (Framework Law). 

Law 9 of 1991. By which general norms are issued to which the National Government must adjust to regulate international exchange and complementary measures are adopted (art. 15) (Framework Law). 

Decree 1068 of 2015. Whereby the Sole Regulatory Decree of the Treasury and Public Credit Sector is issued (art. 2.17.2.2.3.3).

What do I need to apply as a user of a ZFP? 

1. You need the certificate of existence and legal representation issued by the Chamber of Commerce, in which the following is accredited: 

   1.1 The incorporation of a new legal entity or that it has not developed its corporate purpose, or the establishment of a Branch of a Foreign Company that has not developed activities in the country. 

   1.2 The domicile of the company must be in the Free Trade Zone where it intends to qualify. 

   1.3 To assure that the applicant Commercial Company is going to develop its activities exclusively in the Free Trade Zone.

2. Requires the names, identification, and RUT of the Legal Representative, of the members of the Board of Directors, of the partners, shareholders and of all the direct and indirect controllers. In case the partners are legal entities, their respective shareholding composition must be presented. 

   In Corporations, only shareholders with a percentage of participation of more than ten percent (10%) of the subscribed capital must be informed.

3. Submit an Affidavit stating that there are no sanctions or convictions against the legal representatives or shareholders of the company. 

4. Submit an accreditation that the legal representatives, partners or shareholders and management personnel do not have any tax, exchange, or customs debts, as well as other credits in favor of the DIAN on behalf of the company.

5. Submit the project to be developed with goals, justification, investment value and main impacts related to the purposes set forth in Article 2 of Law 1004 of 2005.

6. Present the financial structure of the project and the related capital (national and foreign).

7. Present the authorizations, accreditations and other requirements or permits necessary for the development of the activity demanded by the competent authority that regulates, controls, or monitors the activity to be developed.

8. Process and deliver the Certification that certifies that the project complies with the requirements of the competent environmental authority, in accordance with the environmental regulations in force.

9. Make the capital investment and comply with the generation of jobs required depending on the real productive fixed assets that the company has at the time of submitting the application.

What steps must I follow to apply as a ZFP user? 

1. Submit the qualification application to the user operator of the Permanent Free Trade Zones. The required documentation can be found in Article 80 of Decree 2147 of 2016, as amended by Decree 278 of 2021.

2. Deliver all those supporting and clarifying documents requested by the operator user.

3. The Free Trade Zone user operator will evaluate the application and if appropriate, will issue the act of qualification to become a user of a ZFP

Where can I go?

In person at the Free Trade Zones of the country

What is the cost of this procedure?

Estimated amount: COP $5,000,000 - COP $15,000,000.

Note: Depends on the operator and the activity performed by the company

How long does this process take?

60 calendar days

What regulations must I comply with?

Decree No. 2147 of 2016. Art. 79 and 80, modified by article 34 of Decree 278 of 2021.

What do I need to establish an area as an ZFPE? 

1. Submit the certificate of existence and legal representation issued by the Chamber of Commerce, which proves the following: 

   1.1 The incorporation of a new legal entity or or one that has not developed its corporate purpose, or the establishment of a branch of a foreign company that has not developed activities in the country. 

   1.2 The domicile of the company must be in the Free Trade Zone where it intends to qualify.

   1.3 Consider that the applicant commercial company must develop its activities exclusively in the Free Trade Zone.

2. Report the names, identification and RUT of the Legal Representative, members of the Board of Directors, partners, shareholders, and direct and indirect controllers of the company.

   In case the partners are legal entities, their respective shareholding composition must be presented. In Corporations (S.A.) only shareholders with a percentage of participation higher than ten percent (10%) of the subscribed capital must be reported.

3. Submit a sworn statement that the legal representatives or shareholders of the company have no sanctions or convictions.

4. Prove that there are no tax, exchange, customs, or other debts in favor of the DIAN by the company, the legal representatives, the partners, or shareholders and/or the management personnel.

5. Present the Master Plan of General Development of the Free Trade Zone, which includes:

   5.1 Executive summary of the project to be developed with goals, justification, investment value and main impacts related to the purposes set forth in Article 2 of Law 1004 of 2005.

   5.2 General description of the project: investment commitment, job creation commitment, commitment execution schedules, estimated amount of sales.

   5.3 Free Trade Zone area: topographical, photographic, and architectural plans of the project, with their supports.

   5.4 Internationalization promotion plan

   5.5 Technical feasibility study

   5.6 Financial feasibility study

   5.7 Legal Feasibility Study

6. Deliver the certificate of land use issued by the competent authority in whose jurisdiction it is intended to obtain the declaration of existence of the Free Trade Zone.

7. Prove that the project is in accordance with the requirements of the environmental authority, and in case of requiring infrastructure works that involve the use of natural resources, water, or the affectation of its watercourses, it must have the corresponding permits. 

8. Proof of compliance with the procedures inherent to the prior consultation when applicable.

9. Proof that the land is not part of the land subject to a land restitution request.

10. Submit a schedule specifying the completion of the enclosure of 100% of the area declared as Free Trade Zone prior to the start of operations or activities.

11. Submit a list of the equipment to be used for loading, unloading, and weighing for the entry and exit of goods.

12. When applying or submitting an application to a Free Trade Zone user operator, you must demonstrate compliance with the requirements of Decree 2147 of 2016.

13. Submit the other requirements or documents required by the special rules that regulate the activity to be carried out or the service to be rendered.

What steps should I follow to establish an area as a Special Permanent Free Trade Zone? 

1. Contact MINCIT (Ministry of Commerce, Industry and Tourism) for the recognition of the user

2. Review the viability of the free trade zone 

3. File the documents

4. Wait for the official response from the responsible entity

Where can I go? 

You can carry out this procedure virtually, and acquire information through the platform

What is the cost of this procedure?

No Cost

How long does it take?

180 working days

What regulations must I comply with?

Law 1004 of 2005 (Ordinary Law)  

Decree 2147 of 2016, article 26 and articles 28 to 43 depending on the type of free zone. This decree was modified by Decree 278 of 2021.