Change the direction of a company in Colombia is a Kafkaesque process and many people are exposed in good faith lien or raids.
Your house, apartment or office can be without you knowing the address of a company, where fall investigations, searches and seizures, find out why, and because it has no solution.
Among the attributes of any legal or natural person is home, this is the place in which the company operates trading. The problem we denounce in this article and that is a serious error in the business registration system is the address from which firms reside have no control or verification, so that anyone can include the address you want and believe it or not has possibility to change the real owner.
For the formation of a company in the statutes is not necessary to determine an exact address, just indicate what city will address the society, which further authorizes the chamber of commerce for registration.
The process of business creation starts with the processing of the PRE -Ruth, a torture which must be self gestionar- well known by those who have open company, in this it is necessary to indicate the exact address where the company is going to work and the same data shall be provided in other forms. The problem is that since in the last year the DIAN and the Chamber of Commerce have eliminated the need to prove by filing an original public receipt, proof of a minimum of linking a person with an address, so that makes sense incorporated as a registered society.
This means that to register a company who requires a home should not include a real address somehow try, you just have any either existing or nonexistent as it should not prove in any way that is actually the place where the company will conduct its operations or less live there.
This does not mean any additional tropicalism a more extensive menu in the Colombian tropicalismos, if not for that direction has different connotations of the more serious problem.
DIAN and before any judicial authority that is the address of the company, is the place you can lead the police to undertake investigations, raids, court papers and what is worse, the place to which any creditor can apply seizure and confiscation of all personal property therein are valid to assume that what is in the seat of a company, belongs to society is made.
This mean that neither the DIAN and the Chamber of Commerce requested a site where later the law will mean they are all company assets, venue test which will fall on the minimum prudential measures of any administrative or civil proceeding .
In practical terms this amounts to a third-bad-intentioned of course can unilaterally and without requiring more than knowing the exact address, including apartment home either as a company and will be the actual owner of the apartment (for example) who have to endure which means a measure of seizure and confiscation of property. That is, lawyers, kidnap and police personnel have not only ordered to enter but the possibility of paving the property in case of resistance.
Although the true resident has the opportunity to file an opposition claiming that knows of this company or its legal representatives, shall defend with evidence to support the ownership of the goods at home are, opposition will be resolved by a judge in care to achieve the evidence presented in that proceeding. With the national aggravating anyone usually keep copies of invoices or warranties that show business is what really belongs.
In sum, even if got oppose such diligence and protect all their assets, Does it make sense that a good person who does not know or has known of the existence of a company, have to defend and support a measure to all lights as demeaning the seizure and sequestration process in an executive or a search of a prosecutor or criminal proceedings?
Here we present as an example the car that supports the precautionary measures on all goods that rest in an apartment, include the same address as a debtor company in an executive process. (Blanks obvious purpose is to protect the identity of the process and the parties).
You can then bind any trader in the RUT your business an address with which you are not related and found in internet and direct there policivas, judicial and administrative authorities.
What makes the problem as clearly reported an almost surreal situation worthy of a lower legal system is that if the real property owner is aware of the situation and wish to withdraw your address with the aim of protecting their heritage and their own peace of mind, you can not do as the Chamber of Commerce rejects any request for modification on information society unless the make the shareholders or the legal representative, which of course does not happen when one has included the management has done bad faith or simply left the society or country.
Our office has tried by denounce the right of petition requesting situation presented to the Chamber of Commerce to withdraw a direction that does not correspond to that of a society no longer operate in that seat, the response was negative cameral entity requesting proof of bad faith whom I include the management impossible.
Says the Chamber of Commerce in response to the right of petition, signed by “Legal and Doctrine Registry in May 2014:
“Having completed the form and legal control by the Chamber of Commerce of Bogotá, documents registered in the commercial registration of the companies mentioned, this entity is not aware of the truth or dismissed as false the documents recorded showing founded on the pillar of good faith.
Therefore, and in order that there is clarity in the response of this cameral body, must be for a commercial company to usps change of address or judicial notice, is that the legal representative thereof or the person making their sometimes present at the offices of the chamber of commerce to certify new information and pay the right bill to make the respective change. “
In conclusion, there is no protection for tenants or owners of property where it ended and never operated or operate a company, it is not appropriate any of the data provided or removal before the chamber of commerce of such entry verification.
Our advice is to identify in the case of an office, which companies were operating in the seat that interests them and see that they have made the change of address and of course always have this clear evidence showing ownership of your furniture and waxing. Regarding houses and apartments there is little that can be done, by the inability to track what registers are, but where possible maintain copies of invoices that show your property to achieve.
If you have any doubt as to the legal business management, you can consult in email@example.com . or visit our company web Create Colombia or our blog.