If you are active in the Colombian market or intending to launch there, you will have to make sure you adhere to financial regulatory compliance in Colombia in order to avoid inconveniences to your business.
Non-compliance can lead to financial penalties and legal issues that could ultimately affect your standing with local authorities.
Financial regulatory compliance is an important part of corporate compliance. It often forms part what third-party suppliers cover when they offer corporate secretarial services (cosec).
If you are looking to incorporate a company in Colombia, this guide to financial regulatory compliance in the South American country should be of particular interest.
If you have any questions regarding compliance, or any other aspect of doing business in Colombia, contact us today to find out more about how we can support you in Latin America’s fourth-largest economy.
Colombian market increasingly popular for investment
Colombia has witnessed considerable growth over recent years, with gross domestic product (GDP) more than tripling between 2003 and 2019, when it reached $323.6 billion (all figures in USD).
The country also saw a rise in its prosperity during this period. In 2019, gross national income (GNI), reached $6,510 per head, making it an upper middle income nation according to the World Bank.
Colombia is a strategically significant market due to its geographical location. The country is at the intersection of Central and South America and has extensive coasts on both Pacific and Atlantic oceans with large ports on each.
It is also a key ally for the United States in this region, with strong commercial relations with it. This country is also a major trading partner. Brazil, China, Germany and Mexico are all important trading partners.
Investors operating in Colombia also benefit from the fact the country has a number of free trade agreements (FTAs) in place, offering resident companies preferential access to major economies in Asia and Europe, as well as the rest of the Americas.
Colombia is also a founding member of the Pacific Alliance — a decade-old economic integration initiative that also includes Chile, Mexico, and Peru, and which recently signed a FTA with Singapore as part of moves to expand its reach beyond Latin America.
All of these factors add up to make Colombia an increasingly popular destination for foreign capital, with net inflows of foreign direct investment (FDI) as a percentage of GDP increasing more than four-fold between 1995 and 2019, when $14.3 billion of FDI entered the country.
To fully take advantage of these opportunities, it is essential to comply with financial regulatory compliance in Colombia.
Financial regulatory compliance in Colombia: key responsibilities and dates
While financial regulatory compliance in Colombia may vary based on the type of company you have, the following requirements are usually applicable in all cases:
Holding of an annual shareholders meeting (AGM), which requires the timely notification of all shareholders, and demands proper minute taking in order to be in compliance with Colombian regulations
This must be held within the first three months of the financial year, which in Colombia runs from 1 January to 31 December, meaning that this AGM must take place by 31 March.
Proper circulation of those minutes, usually through a board of directors meeting, is then a prerequisite of financial regulatory compliance in Colombia for applicable entities.
Company commercial license renewal before the relevant chamber of commerce, including up-to-date contact information, must be completed. This process can be completed online, but in some cases the Chamber may require it to be done in person. Similar to the AGM, it must be completed within the first 3 months of the financial calendar.
Renewal of public tender registration before the relevant chamber of commerce is also a requirement if the company is registered to bid for public tenders. This must similarly occur within the first three months of the financial year
Submitting financial information before the Superintendence of Companies (SIC) may be required if the SIC names your company as being required to file its records. Failure to file this information could result in a fine of up $118,000.
Updating the corporate books, which include the minutes book from AGMs and the shareholder registry, must be done to adhere to financial regulatory compliance in Colombia.
Biz Latin Hub can assist you with financial regulatory compliance in Colombia
At Biz Latin Hub, our team of multilingual corporate support experts has the experience and know-how to assist you with financial regulatory compliance in Colombia. We have a comprehensive portfolio of back-office services, including company formation, accounting & taxation, legal services, visa processing, and hiring & PEO, meaning that we can provide a tailored package of integrated back office services to suit every need.
We also have teams in 16 other Latin American and Caribbean markets and specialize in multi-jurisdictional market entry.
Contact us today To discuss how we can help you do business, please contact us.
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