Aguachica Chamber of Commerce

Preguntas frecuentes

Frequently asked questions

The Chambers of Commerce are non-profit legal entities, of a corporate nature and trade union, subject in the execution of all its acts of administration, management and contracting to the private law, which aims to defend and stimulate the general interests of the entrepreneurship in Colombia, and keep the commercial registers of non-profit entities and the Single register of legally delegated proposers, without forming an integral part of the Public Administration or the legal regime applicable to the entities that are part of it.

The Aguachica Chamber of Commerce was born by Decree No. 2519 of December 6, 1988, with jurisdiction of two important provinces: southern Cesar and southern Bolivar, including municipalities of Aguachica; (natural capital of the south), Curumaní, Pailitas, San Alberto, Pelaya, San Martín, Río de Oro, Tamalameque, La Gloria, Gamarra and González in the south of Cesar and the municipalities of Morales, Santa Rosa del Sur, Simití, Arenal, Regidor, Río Viejo and Norosí in southern Bolívar. Its character is private, it has its own autonomy and it is a non-profit institution. lucre.

We work for the socio-economic development of the region by strengthening the business and regional competitiveness and the efficient provision of services delegated by the state.

The Chamber of Commerce of Aguachica is a private, non-profit entity, with the purpose of Provide the services of registration, conciliation and socio-economic development of the region, the representation and spokesperson of entrepreneurs before the national, regional and municipal government, to strengthen the well-being of the community, based on a culture of knowledge.

Lead the integral development of the region and promote strategies to strengthen culture business communities in the jurisdiction, in response to global changes.

The Chambers of Commerce exercise the functions indicated in article 86 of the Commercial Code, and in the other legal and regulatory norms. Which are cited below: (Art. 4 Decree 2042/2014 – regulation of Law 1727 2014).

Serve as an advisory body to the national government and, consequently, study the matters that he submits for his consideration and render the reports that he request about industry, commerce and other branches related to their activities.

Advance, prepare and promote legal, financial, statistical and socioeconomic, on a topic of regional and general interest, which contribute to the development of the community and the region where they operate. • Keep the public records entrusted to them by law and certify about the acts and documents registered therein.

Compile and certify the commercial custom through research carried out by each Chamber of Commerce within its own jurisdiction. The The purpose of the investigation will be to establish the practices or rules of conduct observed in a public, uniform, repeated and general manner, provided that do not oppose current legal regulations.

• Create a center for arbitration, conciliation and friendly composition through which offer the services of alternative methods of dispute resolution, in accordance with legal provisions.

Advance actions and programs aimed at providing the region with the facilities necessary for the organization and realization of fairs, exhibitions, artistic, cultural, scientific and academic events, among others, that are of interest to the business community of the jurisdiction of the respective Chamber of Commerce.

Participate in the creation and operation of event centers, conventions and fairgrounds in accordance with the provisions of Law 1558 of 2008 and the other regulations that replace, modify or add them.

Promote business formalization, strengthening and innovation, as well as how to develop training activities in the commercial and industry and others of regional interest, through specialized courses, seminars, conferences and publications.

Promote regional and business development, improvement of competitiveness and participate in national programs of this nature.

Promote the affiliation of registered merchants who comply with the requirements indicated in the law, in order to stimulate the participation business in the management of Chambers of Commerce and access to special services and programs.

Provide business information services originating exclusively in the public records, for which they may charge only the production costs of the same.

Provide paid value-added information services that incorporate data from other sources.

• Carry out and promote civic oversight activities on issues of interest. general of its corresponding jurisdiction.

Promote programs and activities in favor of the productive sectors of the regions in which they have to act, as well as the promotion of culture, education, recreation and tourism.

Participate in activities that tend to strengthen the business sector, as long as it can be demonstrated that the project represents progress technology or meets needs or implies development for the region.

• Keep special programs and services available to its members.

Have the technological services necessary for compliance and due development of its registry functions and the efficient provision of its services.

Publish the commercial news referred to in numeral 4 of article 86 of the Code of Commerce, which may be done in the bulletins or advertising bodies of the Chambers of Commerce, through the internet or by any means email that allows it.

Make contributions and contributions to all kinds of programs and projects economic, social and cultural development in which the Nation or the entities territorial authorities, as well as their decentralized entities and non-profit entities have an interest in or have committed their resources;

Participate in regional, national and international programs whose purpose is the economic, cultural or social development in Colombia.

Manage the procurement of international cooperation resources for the development of its activities.

Provide the services of certification entities provided for in Law 527 of 1999, directly or through association with other natural persons or legal.

Manage individually or jointly any other public record of people, goods, or services that arederive from functions attributed to public entities in order to confer publicity on acts or documents, provided that such records are developed by virtue of legal authorization and contractual ties of an enabling type that they celebrate with said entities.

• Other legally assigned.

Merchants are natural or legal persons who habitually and professionally exercise any of the activities that the law considers commercial.

All natural and legal persons who have the capacity to contract and obligate themselves. Natural persons are all individuals of the human species, regardless of their age, sex, race or condition. Adult minors (males and females between 14 and 18 years of age) can, with the authorization of their legal representatives, engage in commercial activities on behalf of or on account of others and under the direction and responsibility of these.

It is presumed that a person is engaged in trade:

• When they are registered in the trade register.

• When they have an open commercial establishment

• When they announce themselves to the public as a trader by any means.

The following persons are unfit to engage in trade:

Officials of official and semi-official entities with respect to commercial activities related to their functions.

• Persons whom by law or court sentence are prohibited from engaging in commercial activities.

You must inform the respective Chamber of Commerce of this situation by means of a copy of the act or diligence of possession or certificate of the official before whom the diligence was carried out. This communication must be made within the ten working days following the date of the same.

Chambers of Commerce, by express legal provision, are responsible for keeping the trade register, the register of private non-profit entities, the register of proponents and the national tourism register.

The Commercial Code mentions the following as commercial acts and operations (Article 20):

They are commercial for all legal purposes:

The acquisition of goods for a consideration with the aim of reselling them in the same form, and the resale of the same;

The acquisition of movable goods for a consideration with the aim of renting them; the rental of the same; the rental of all kinds of goods for subleasing, and the subleasing of the same;

The receipt of money on loan with or without interest, with or without collateral, to lend it, and subsequent loans, as well as regularly lending money on loan;

The acquisition or disposal, for a consideration, of commercial establishments, and the pledge, lease, management and other similar operations related to them;

Participating as an associate in the formation of commercial companies, the acts of managing the same, or the negotiation for a consideration of parts of interest, quotas or shares;

The issuance, grant, acceptance, guarantee or negotiation of securities, as well as the purchase for resale, exchange, etc., of the same;

• Banking, stock exchange or auction operations;

Brokerage, business agencies and representation of national or foreign firms;

• The exploitation or provision of services of ports, docks, bridges, roads and landing fields;

• Insurance companies and insurance activity;

The transportation of people or things for a fee, regardless of the route or means used;

Manufacturing, transformation, manufacturing and distribution of goods companies;

• Companies for the storage of goods, provisions or supplies, public shows and sale of all kinds of goods;

• Publishing, lithographic, photographic, informative or advertising companies and others intended for the provision of services;

• Construction or repair companies, assembly, installations or decorations;

• Companies for the commercial exploitation of natural resources or energies;

Business promotion companies and those for the purchase, sale, administration, custody or distribution of all kinds of goods;

Construction, repair, purchase and sale of land, water and air transportation vehicles and accessories; and

Other acts and contracts regulated by commercial law.”

This list is not exhaustive, therefore, acts may be considered commercial, even if they are not included in the above list.

To obtain the benefits that derive from it and not incur legal sanctions, the registry must be renewed every year in the months of January, February and March regardless of the date on which it was made.

To obtain the benefits that derive from it and not incur legal sanctions, the registry must be renewed every year in the months of January, February and March regardless of the date on which it was made.

Examples of acts that are not considered commercial are:

The acquisition of goods for domestic consumption or for the use of the acquirer, and the acquisition of the same or surplus goods.

The acquisition of goods to produce artistic works and the disposal of them by the author.

Acquisitions made by officials or employees for public service purposes.

Disposals made directly by farmers or breeders of the fruits of their crops or livestock, in their natural state. Also, transformation activities of such fruits carried out by farmers or breeders will not be considered commercial, as long as it does not constitute a business by itself.

The provision of services inherent to liberal professions.

In any case, if the act is commercial for one of the parties, it will be governed by commercial law.

According to the Spanish Language Dictionary, liberal professions are those activities in which the exercise of the intellect predominates, which have been recognized by the State and for whose exercise a university degree is required.

Therefore, those who have as an exclusive activity the provision of services inherent to a liberal profession (engineer, lawyer, architect, doctor, etc.) will not be obliged to register as a merchant.

It is any economic activity organized for the production, transformation, circulation, administration or custody of goods or for the provision of services, as defined in article 25 of the Commercial Code.

The company can carry out activities of:

• Industrial or productive nature

• Commercial

• Service provision

It is someone who is dedicated to an economic activity organized for the production, transformation, commercialization, administration or custody of goods, or for the provision of services, an activity that can be carried out through one or more commercial establishments.

Commercial law applies the concept of entrepreneur to those who are habitually and professionally dedicated to the activity of industry, trade or the provision of services, through the execution of the so-called commercial acts or commercial transactions.

It is a set of goods organized by an entrepreneur to achieve the goals of the company, it is a commercial asset that allows the merchant or entrepreneur to develop commercial, industrial or service activities.

It is a legal institution that is kept by the Chambers of Commerce by the Government is disposition; but it is the Superintendence of Industry and Commerce that determines the necessary books to fulfill that purpose, the form of making the inscriptions and the instructions that lead to the perfection of the institution.

The commercial registration of merchants, natural persons, legal persons and their commercial establishments.

The registration of acts, books and documents regarding which the law requires the formality of registration.

To give public notice of the condition of merchant of the registered, of their commercial establishments and of the acts and documents registered. It is the legal means of publicity that allows the public or third parties to be informed of the legality of the commercial acts and transactions registered in the commercial registry.

Registration, and renewal of it, of merchants and commercial establishments

Registration of acts and documents

Issuance of certificates

Information about commercial registry

Telephone information on requirements and rates

Consultation and photocopy of registry files

Advice on commercial registry

Dissemination of Monthly Bulletin and News of Registrations

Intermediation of certificates from other chambers of commerce

It is the registration that by legal requirement must be made by all natural and legal persons who professionally exercise commerce and their commercial establishments.

• Protects the trade name.

• Makes the quality of merchant public.

• Makes the merchant visible to potential customers who consult the records.

• Facilitates participation in tenders.

• Facilitates obtaining credit.

• Facilitates registration in the Unique Proponents Register.

• Determines inclusion in the database of the Chamber of Commerce of Cali, for invitations to academic or cultural events.

• In addition to individual benefits, the merchant is registration offers benefits to the community, for example, when it is used as primary material for economic and statistical research.

Natural or legal persons (companies, sole proprietorships, and partnership companies) who professionally exercise commerce.

• Commercial establishments.

• Branches of foreign companies.

In the Chamber of Commerce with jurisdiction in the address of the interested person or the respective commercial establishment.

The registration request must be submitted within the month following the date on which the natural person began to exercise commerce or when the branch or commercial establishment was opened.

In the case of legal persons, the registration request must be submitted by the legal representative within the month following the date of the incorporation document or the operating permit. This same deadline applies to co-owned properties or informal or irregular partnerships. In this case, all co-owners or partners must be registered.

To obtain the benefits derived from it and avoid legal sanctions, the registration must be renewed every year in the months of January, February, and March regardless of the date it was made.

It ceases when the final liquidation account is registered. If the previous years have been renewed, the registration will be canceled. In accordance with Law 1429 of 2010, companies in liquidation are not required to renew during the liquidation period.

When it has been closed, through an express request from the respective owner of the establishment, after canceling the registration fees for the unrenewed years.

The Superintendency of Industry and Commerce will impose a fine of up to the equivalent of seventeen (17) legal minimum monthly wages in force at the time of imposition of the penalty.

It can be done at the main office of the Aguachica Chamber of Commerce, at points established in the municipalities for the renewal campaigns, or online on our website www.camaraaguachica.org.co in the online transactions option.

Those for which the law requires such formality. The most important are:

The public deed or private document by which marriage settlements are celebrated, modified, or revoked, when the husband or wife or one of them is a trader.

The document by virtue of which the conjugal partnership is liquidated, when the husband or wife is a trader.

The act or diligence of possession or certificate issued by the official before whom the trader takes possession of the office that makes him unable to exercise trade.

Aspect of the concordat: a) opening order b) approval of the agreement order c) the order declaring the concordat agreement fulfilled d) order removing administrators or fiscal auditor.

Regarding mandatory liquidation: a) the order opening the mandatory liquidation procedure, as well as the one containing the appointment of the liquidator b) the order declaring the mandatory liquidation finished c) order removing administrators or fiscal auditor.

Any act by virtue of which partial or general administration of the trader is goods or businesses is conferred, modified or revoked.

Regarding commercial establishments: a) opening and closing of branches and agencies b) acts that affect or modify the property of the commercial establishment as well as its administration.

Regarding branches of foreign companies: a) act by virtue of which the documents necessary for a foreign company to undertake business in Colombia are protocolized and their modifications b) act of appointment or removal of fiscal auditors or legal representatives of the branch.

Offices and orders that communicate or cancel embargoes and civil demands related to rights whose mutation is subject to commercial registration.

Deeds of constitution, reforms, and dissolution of commercial and civil companies.

Constitution and reforms of work associative companies as well as their liquidation.

Constitution and reforms of unipersonal companies as well as their liquidation.

Certification of the fiscal auditor on subscribed and paid capital in stock companies.

The constitution, modification or cancellation of the pledge without possession contract.

Regarding restructuring agreements: a) the notice that informs about the promotion of the agreement b) the notice that informs about the convocation to the meeting of determination of votes and claims c) the convocation to the meeting for the reform of the restructuring agreement d) the news of celebration of the agreement e) the record of termination of the agreement.

The registration of legal acts and transactions for which the law requires such formality, generally has declarative effects, that is, they only produce effects with respect to third parties once they are registered, but they produce effects between the parties from the time they are celebrated.

Exceptionally, the law gives the registration constitutive effects, that is, the act is born and produces effects for all only when it has been registered, for example, in the designation of legal representatives and financial auditors.

At any time, but the effects that the law grants to the registration will not occur until the date of the respective registration. It should be taken into account that after two months of the document having been produced if it was signed in Colombia, other months if it was signed abroad, after this term the registration request will cause interest for the payment of the Registration Tax in favor of the Department.

In the Chamber of Commerce corresponding to the place where the act or contract is celebrated and, in addition, in which it has jurisdiction in the site where it should be executed or fulfilled. Companies must register in the Chamber corresponding to their main registered office.

By submitting the corresponding document to the headquarters of the Chamber of Commerce of Aguachica, paying the legal fees and the registration tax at the Chamber of Commerce. Any document subject to registration, not authentic by its nature or recognized by the parties before a public notary, must be presented in person at the Chamber of Commerce.