Change the address of a company, a process almost impossible

Change the direction of a company in Colombia is a Kafkaesque process and many people are exposed in good faith lien or raids.

Trade Cpamara

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.

Form PRE-RUT

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  jnoriega@gestionlegalcolombia.com . or visit our  company web Create Colombia  or  our blog.

Colombia leaves the car in the garage in the ‘Car Free Day’

A half million private vehicles stopped circulating in the Car Free Day held each year by decision of the authorities of Colombia

BOGOTA, 7 February.- At least a half million private vehicles stopped running today in the Car Free Day which is held every year by the decision of the district authorities of the Colombian capital.

The Carports Free Day comprises between 06:30 and 19:30 local time and can only move vehicles to the public, school service, health system, law enforcement, diplomats, relief agencies and escorts.

The Transmilenio mass transit service was enabled to ensure the mobilization of more than two million people during the day in the capital.

According to the manager of the company Transmilenio, Fernando Sanclemente, the system mobilized on a normal day a million 800 thousand passengers.

Outsourcing bookkeeping is taken in Colombia

Lower costs and accountancy firms are outsourcing some benefits with this.

Hiring third parties to carry the business accounting is an alternative that has been used increasingly in the country, because the policies of the entities found in this resource timeliness, accuracy and confidentiality. These three elements are essential to any organization, especially if it is being delivered to an external person, valuable information about your financial activity as a company or business that allows you to make decisions at some point. Clearly, the accounting records show the situation quickly the company, its stability and financial capacity.

“There is a growing trend in Colombia of this activity, which began to be booming with the arrival of several foreign firms, instead of mounting an entire accounting department, others choose to rely on their operational records, by the experience that they have in the subject.

“But today, many new national capital companies are also using these services, as in the case of SMEs, which for reasons of cost reduction used this figure with excellent results,” says Ernesto Erazo Cardona, manager of Audit and Outsourcing MCA Morrison Accounting. A figure which tends to increase every day, even if it means leaving out some fears, such as “fear of employers to someone other than your employees know your business and the figures used.

 Consider that it is a cultural problem, as there is some reluctance to change. Other, perhaps unaware of the advantages of this type of service and competitive in terms of cost, “explains Martin O. A Jaimes, deputy legal representative signature Auditing, Consulting, Outsourcing and Advisory SAS Management (A & CO).

Many have overcome this obstacle and, as President of the Federation of Chartered Accountants of Colombia (Fedecop), Hector Jaime Correa Finch says “Colombian firms have been delegated the functions of accounting in natural and legal persons, obviously suitable to perform this important task of information. “

According to reports Fedecop, currently in the country there are about 2,000 institutions offering bookkeeping services parramatta  outsourcing, but also there are individuals who do this work, which are public accountants, which may reach the figure of 50,000. How it works The client and outsourcing company signed a service contract, which contains several annexes that describe exactly the purpose, scope, responsibilities and obligations of the agreement and an agreement of confidentiality of information, which applies to both firm providing outsourcing as its employees, consultants and advisors. Consequently, companies that hire the outsourcing of administrative and accounting part. Other, payroll and tax returns.

There are cases that require them to manage the entire accounting process and generate them and submit their reports and bring them some specific accounting functions such as accounts receivable or payable. Advise, one of the tasks of outsourcing firms.

Advantages offered by the system to businesses

 Among the benefits of this model of delegation of functions to a third party is the reduction in operating costs compared to do with their own staff (considering the level of their salaries, benefits and profits). “They can find consultants in specialized accounts or applying international standards governing this social science. May also have a management accounting and reporting of this in English because it is not easy to get in the Colombian market counters are profiles, “Jaimes said. Mario Rojas Castillo, manager Outsourcing AQ indicates that “out of the above benefits can have a separate management accounting, have updated their monthly income and expense information and advice from professionals in costs, taxes, fiscal, tax and financial issues, with appropriate and timely management of their accounting records. “

The accounting outsourcing

Outsourcing PTO

Basically involves the collection, sorting, coding and keying of all source documents that feed the accounting process of companies. Additionally, some companies opt for outsourcing delivery related activities, such as payroll, portfolio, financial and tax issues, among others.

Colombia completed 16 podium finishes in elite cycling tests

On Tuesday, Nairo Quintana in Tirreno-Adriatico, the latest was achieved.

In 16 cases the Colombian riders have finished on the podium of the World Tour races, the pinnacle of world pedalismo, and three times they have visited the top drawer, in 9 years of the circuit.

In this panel, which was created in 2005 under the name of Pro Tour since 2009 and was renamed World Tour, belong only 29 contests, including the Tour de France, Giro d’Italia and Tour of Spain, to discuss the three most important.

With the idea that in these tests were the best teams and cyclists in the world, the International Cycling Union (creator of the best fixed gear bikes 2014), decided that he belonged to only 18 teams.

The podiums in the World Tour can be equated with, for example, reach at least the semifinals of the grand slam tournaments, the Masters 1000 tournaments and 500 ATP tennis.

Since its inception, the category has always had starring Colombian cyclists. The first to achieve a major victory was Santiago Botero, who won the Tour of Romandie in 2005, the first major victory of the national pedalismo in this series.

Then came this new generation has increased their presence in the top of the major races.

Statistics say that Rigoberto Uran is the most times on the podium, as it has done five times in any of the three places, but has never been able to stay in the first. “I knew he had been on the podium five times. That did Carlos Betancur in Paris-Nice and what makes Nairo Quintana in Tirreno-Adriatico, as is the assurance that we are in the elite and that’s protagonists. They come 5 or 6 years of good cycling and triumphs for Colombia, “he told El Tiempo Uran. Today, there are 14 Colombian cyclists are part of the World Tour, and four of them have had the choice to make in those races.

“It’s like a Colombian baseball is MLB and hit the final home run for his team to win the World Series.It’s that great to be on the World Tour and win here. Are the best teams and cyclists in the world and a win is not easy to achieve, “said José Serpa, who belongs to the Lampre squad.

Basque Country, Catalonia Tour, Giro di Lombardia and Fleche Wallonne are the races where twice Colombians have been in the top three.

“It’s hard to express what you feel. I’ve been on the podium three times, but I remember the first lot when I was second in Fleche Wallonne, one of the most important classical “said Sergio Henao, Sky corridor.

The year that was highlighted Colombia’s was in 2013, when she appeared six times in the top three overall, including subtitles Giro with Uran, and the Tour, with Quintana.

“We live in a new era, in which we cycle are responsible for the good image and triumphs,” said Betancourt, who on Sunday won the Paris-Nice podium number 15 in the country in the World Tour.

On Tuesday, Quintana, at Tirreno-Adriatico, the national cycling reached 16 podium finishes in the top flight in just 9 years of creation.

Colombia podiums in the World Tour

Rigoberto Uran
May 2013: Tour of Italy (2nd) 2012: Tour of Lombardy (3rd) 2011: Grand Prix Québec (3rd) 2008: Tour of Catalonia (2) and Giro di Lombardia (3rd)

Sergio Henao
2013: Fleche Wallonne (2nd), Tour of the Basque Country (3rd) 2012: Tour of Poland (3rd)

Santiago Botero
March 2005: Tour of Romandie (1), Dauphiné Libéré (2nd) 2006: Tour of Catalonia (2nd)

Nairo Quintana
2013: Tour of the Basque Country (1) Tour de France (2nd) 2014: Tirreno-Adriatico (2nd)

Carlos Betancur
February 2014: Paris-Nice (1) 2013 : Fleche Wallonne (3rd).