Constitution Procedures

CHAMBER OF COMMERCE:

In this organization you can make the choice of the different types of corporations for the constitution of the companies it is recommended to examine the Code of Commerce. For the incorporation of companies, investors can do it in 2 ways: by public deed and by private document. By public deed it is important to take into account article 110 of the Code of Commerce. When it is an opening of a branch of a company, the process for this type of companies is based on the fulfillment of the following requirements:
1. Certificate of existence and legal representation of the investing company issued by the competent official in your country.
2. Obtain permission to operate in the country from the Superintendence of Corporations or the Banking Superintendence, as the case may be.
3. Power of attorney authorizing a legal professional or natural person to act on behalf of the investing company.
4. Bylaws of the headquarters protocolized in notary's office authorizing the opening of the branch in Colombia. At least the following must be indicated:

DIRECTORATE OF NATIONAL TAXES AND CUSTOMS - DIAN

At the moment of establishing a company it is necessary to set up the unique tax registry RUT, the competent body is the Dian. The purpose given to the Dian by the legal framework is the administration and control of customs and exchange tax obligations according to the different activities to be carried out in the national territory, as well as everything related to imports and exports to facilitate the action of trade at the international level. Both natural and legal persons must register at the DIAN in order to establish a commercial or labor action.

NATURAL PERSONS
To obtain the RUT, the first thing a person must do is to make an appointment through https://agendamientodigiturno.dian.gov.co/ and go to the DIAN offices on the day of the appointment (See directory).
To carry out the procedure through the web page www.dian.gov.co click on the option servicio ciudadano, then on the option trámites, then on impuestos and finally click on inscripción en el Registro Único Tributario – RUT.

LEGAL ENTITIES
The RUT is regulated by decree 2460 of 2013 (Legal framework of this guide) and the requirements are found there.

Bear in mind:
A. Certificates of existence and legal representation.
B. Identification document of the investor.
C.. In case of requiring a proxy, establish it to develop the procedures.

There are two additional certificates that may be required:
1. certificate of accreditation of fiscal residence. It certifies that the person has domicile or fiscal residence in Colombia for the taxable period requested. This may be requested in order to evidence before other countries their tax residence in Colombia, and thus avoid double taxation.
2. Certificate of tax situation. This is the document by which the Directorate of National Taxes and Customs certifies the nature and amount of income and taxes paid or withheld in the country, for the taxable period indicated therein, specifying whether it is or has been subject to income and/or wealth taxes in Colombia. This certificate is requested by those persons who must prove abroad the nature and amount of taxes paid in Colombia.

NOTARY'S OFFICES IN CARTAGENA DE INDIAS

The Notary Office is an entity of legal creation, which is to say that the national government through the President of the Republic and the Minister of the Interior and Justice provide for its creation. The companies that must raise their statutes to public deed are found in the types of companies in Colombia.

The procedures to be carried out are as follows:
Registration of a company by means of a public deed. Compliance with Article 110 of the Commercial Code.

This procedure allows the ease in the process of purchase and sale of real estate for investors which must pay a stamp in the mayor's office and the Government of Bolivar, pro-development stamp: This is regulated by the ordinance 11 of 2000 or departmental tax statute.

DISTRICT MAYOR'S OFFICE OF CARTAGENA DE INDIAS

DISTRICT FINANCE SECRETARYSHIP
The Secretaryship of Public Finance of the District of Cartagena de Indias is "in charge of administering, managing the economic and fiscal policy of the District establishing the financial strategies that ensure the attainment of economic resources and their allocation among the different dependencies of the Mayor's Office, seeking to promote the conditions for economic growth and development, the competitiveness of the City and contribute with a higher level of social welfare of the people from Cartagena" Secretaryship of Finance of Cartagena (2017). In the case of entrepreneurs, it is in charge of the industry and commerce tax. This tax, is authorized by Law 97 of 1913, as well as Law 14 of 1983 and Decree 1333 of 1986. In the case of Cartagena, it is regulated by Agreement 041 of 2006 or tax statute of the district in its Chapter II. What confers to the regulation of this tax, can be found in the legal framework.

SECRETARY OF PLANNING
The Planning Secretaryship is in charge of issuing the land use certificate. This is the result of a simple procedure, so the investor is recommended to follow the following steps to obtain it successfully: Go to the offices of the Instituto Geográfico Agustín Codazzi and request the cadastral reference to know the location of the property where the commercial activity is to be held. Fill out the land use application form.

ENVIRONMENTAL PUBLIC ESTABLISHMENT (EPA)
The Environmental Public Establishment (EPA) is an entity created with the purpose of exercising the function of maximum environmental authority in the area of its jurisdiction, according to the superior norms and in accordance to the criteria and guidelines established by the Ministry of the Environment.

1. Download the single national application form for dumping permits, which you will find on the entity's web page, www.epacartagena.gov.co, then click on the option Procedures and services, then on Application for dumping permit and finally download.
a. Make the payment for the evaluation of the process, this value depends on the magnitude of the project.
b. File the application with the documentation related to the requirements.

2. Application for domestic forest harvesting permit; isolated trees; native forest.

3. Atmospheric emission permit. The atmospheric emission permit for a fixed source is granted by the competent environmental authority, by means of an administrative act, so that a natural or legal, public or private person, within the permissible limits established in the respective environmental regulations, may make emissions into the air. The permit will only be granted to the owner of the construction site, company, activity, industry or establishment that originates the emissions.

DISTRICT ADMINISTRATIVE DEPARTMENT OF HEALTH (DADIS)
The District Administrative Department of Health (DADIS) is the entity in charge of designing, executing and evaluating policies related to the management of Public Health in the District, promoting and developing studies, strategies, plans, processes and procedures for the formulation, execution, evaluation and control of the district's basic health care plan. It is also in charge of issuing health certificates for commercial establishments or companies in the district of Cartagena.

FIRE DEPARTMENT OF CARTAGENA DE INDIAS
The mission of the Cartagena de Indias Fire Department is to protect human life, the environment, and the patrimony of the inhabitants of the District of Cartagena de Indias, through the prevention and control of fires, incidents with hazardous materials, rescue of victims and attention to natural disasters, with effective technology and a competent and committed human team. In this sense, it is to this entity that businessmen must go to obtain the safety certificate. For this, they should follow the following steps and recommendations to obtain it in a more agile way.

Steps to follow:
a. Deliver a letter with a copy to the offices of the Cartagena Fire Department.
b. Original certificate of commercial registration from the Chamber of Commerce.
c. Depending on the assets registered before the chamber of commerce, the payment of non-essential services provided by the Cartagena Fire Department will be settled in this way.
d. To carry the original consignment note.

BANKING INSTITUTIONS

Every new business must obtain a savings or current bank account. The requirements to open one may vary depending on the bank.

CURADURIAS

The "Curaduría" is an independent office of the Municipal Administration, which operates under the responsibility of individuals called Urban City Curators and in which the interested parties must carry out the procedures related to urban planning and construction licenses and other complementary activities, which were previously carried out by the offices of Planning or Urban Control.

Construction license and its modalities: It is the prior authorization to develop buildings on one or several properties, in accordance to the provisions of the Land Management Plan, the instruments that develop and complement it and other regulations that regulate the matter.

Urbanization license: It is the prior authorization to execute in one or several plots located in urban land, the creation of public and private spaces and the construction of infrastructure projects of public services and roads that allow the adequacy and provision of these lands for the future construction of buildings for urban uses, in accordance with the Land Management Plan, the instruments that develop and complement it and other regulations in force.

PARCELING LICENSE
This is the prior authorization to execute in one or several properties located in rural and suburban land, the creation of public and private spaces, and the execution of works for roads and infrastructure that guarantee the self-provision of household services that allow the resulting properties to be destined to the uses allowed by the Land Management Plan, the instruments that develop and complement it, and the agrarian and environmental regulations applicable to this type of land.

SUBDIVISION LICENSE AND ITS MODALITIES
This is the prior authorization to divide one or more properties located on rural, urban or urban expansion land, in accordance with the provisions of the Land Management Plan, the instruments that develop and complement it and other regulations in force applicable to the above land classes.

PROCEDURES IN PUBLIC UTILITIES COMPANIES

afinia
Caribe Mar de la Costa S.A.S. E.S.P. (Afinia). It is a company that operates mainly in the electric power sector. Links to its key contacts, projects, shareholders, related news and more.

CARIBEMAR DE LA COSTA S.A.S. E.S.P. and our brand is Afinia, an electric energy service provider, a subsidiary of the EPM Group, which began operations on October 1, 2020, committed to sustainable development in the departments of Bolívar, Córdoba, Sucre, Cesar and 11 municipalities in southern Magdalena, (Algarrobo, Ariguaní, Guamal, El Banco, Nueva Granada, Pijiño del Carmen, Sabanas de San Ángel, Santa Ana, Santa Barbara de Pinto, San Sebastían de Buenavista, and San Zenón), with the priority objective of bringing quality energy to all customers served in these territories, working proactively and transparently, as a dynamic force that promotes action and development.

Aguas de Cartagena
Aguas de Cartagena S.A. E.S.P. is a mixed public utilities company that began providing water and sewage services on June 25, 1995. Currently, it provides the aforementioned services in the city of Cartagena and some of its districts. Today "it has a coverage of 99.91% in the aqueduct service and in the sewerage service the coverage is 93.6%, it has a continuity of service of almost 100%, it also has adequate pressures in the networks and a water quality that meets international standards" Aguas de Cartagena (2017).

Surtigas
Surtigas is the company that facilitates access to natural gas service in five departments of Colombia and 160 municipalities of these. It is the distributor and marketer of natural gas with the largest geographic area in the country, with an extension of 90,000 km2 "The company has achieved 90% coverage in its area of influence.

SOCIAL SECURITY SERVICES (HEALTH, PENSION AND PROFESSIONAL RISK MANAGEMENT).

It is necessary to register the employees or personnel to be hired in the social security system, which is made up of the registration forms of the companies, and payment is made at the end of the month. For the relevant purposes, the health to a Health Care Provider Company EPS, pension fund that are chosen by the workers, and ARP chosen by the employer, is also to be paid at the end of the month..

PAYMENT OF PARAFISCAL CONTRIBUTIONS

Registering the company to the family compensation fund, the national learning service (SENA) and the Colombian institute of family welfare (ICBF) is a procedure that by law must be complied with, it is considered a parafiscal contribution. It has some benefits for new companies and/or with a number of employees that must be checked according to the case.

REGISTRATION OF A FOREIGN INVESTMENT
Foreign investment: foreign investment in Colombia is considered to be the investment of foreign capital in Colombian territory, including Colombian free zones, by non-residents in Colombia (Decree 2080 of 2000, art. 1).

Foreign direct investment in Colombia may be made through (Decree 2080 of 2000, art. 5):