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Outsourcing of BPO Business Processes

Description scope of the subsector

What is Business Process Outsourcing (BPO)?

Business process outsourcing (BPO) refers to the system of contracting business activities and functions to an external provider. Service outsourcing services can include payroll, human resources (HR), accounting, and customer relations (call centers).

BPO categories are front-office customer support services (such as technical support) and back-office business functions (such as billing). – Procolombia, 2022.

Why invest in BPO Business Process Outsourcing?

Colombia has a regionally recognized service outsourcing industry (BPO) with extensive experience in business areas such as contact center, collection, in-house technology provider, Backoffice and others such as marketing, auditing, and consulting, in industries as diverse as banking and financial services, telecommunications, mass consumption, health, government, hydrocarbons, insurance, utilities, and logistics, among others.

The exponential growth of companies, the increase in the export of services, access to new markets, and the arrival of foreign investment allow us to deduce the great potential of the sector. In this sense, Colombia occupies the third place in the indicator of the location of services in Latin America of A.T. Kearney, in the country represents 13.1% of BPO sales in the region and is among the first markets in sales in the region, surpassing Argentina, Peru, and Chile. (Frost and Sullivan)

In 2019, the contact center industry primarily served the telecommunications and financial services verticals. With more than 50% of operations.

The contact center industry in Colombia is expected to maintain a cumulative growth rate of 3.8% from 2018 to 2022.  – Procolombia, 2022

*Please note: for specific information on each sub-sector, please refer to the Pre-operational Licenses and Infrastructure Construction procedures.

The other procedures of the investment cycle - Business Creation, Real Estate Purchase, Migration, and Personnel Recruitment - are multi-sector and standard for all investment sub-sectors.

1 - Request the review of the fire protection system

Through this procedure you can obtain a technical concept on the fire protection system and human safety conditions.
Requirements
Requirements

What do I need to request the review of the fire protection system?

  1. You need the certificate of existence and legal representation 

  2. Payment of ICA Tax (Industry and Commerce Tax)

Steps
Steps

What steps to follow once I have all the documents?

File the documents with the Fire Department to request a visit to review the fire protection system

Virtuality
Virtuality

Where can I go?
This procedure will be done in person at the Regional Fire Department, you can also obtain information about the process on the web or by phone

Costs
Costs

What is the cost of this procedure?

COP $65.376

Time
Time

How long does this procedure take?

45 working days

Regulations
Regulations

What regulations must I comply with?

Law 1575 of 2012. Whereby the General Law of Firefighters of Colombia is established (article 9) (Ordinary Law). 

Law 1575 of 2012. Through which the General Firefighters Law of Colombia is established (article 42) (Ordinary Law). 

Resolution 661 of 2014 of the Ministry of the Interior - National Firefighters Board of Colombia. By which the administrative regulation is adopted.

2 - Register your trademark with the Superintendence of Industry and Commerce

The objective of this procedure is to register the trademark of the company before the Superintendence of Industry and Commerce in Colombia SIC
Requirements
Requirements

What do I need to apply for the Trademark Registration?

STAGES

TERM

1. Submission of the application

Does not apply

2. The application is admitted for processing and the filing date is assigned

Does not apply

3. Examination of form

Does not apply

3.1. If there is any formal error, the SIC issues a requirement and a term to correct it is granted.

60 working days following the notification

4. The SIC orders the publication of the application in the Industrial Property Gazette.

Does not apply

5. A term is granted for interested third parties to oppose the application for registration.

30 working days after the date of publication

6. Additional time is granted (if requested) to submit evidence to support the opposition

30 working days after the expiration of the deadline for oppositions

7. A time limit is granted to the applicant to reply to the opposition

30 working days following the notification of the opposition

8. An additional time limit is granted (if requested) for submitting evidence in support of the opposition.

30 working days after the expiration of the opposition deadline

9. The SIC makes the substantive examination of the application and of the opposition(s) -if applicable-

N/A

10. Filing of the appeal against the decision of the SIC

10 working days from the day following the day of notification of the decision
Steps
Steps

What steps to follow once I have all the documents for the Trademark Registration?

  1. Gather the required documentation 

  2. Make the payment 

  3. File the application 

  4. Attend to the request for the formal review process of the documents attached with the application and the correction of the same, if necessary. 

  5. Consider the response of oppositions (such oppositions are filed by whoever has a legitimate interest in invalidating the trademark registration, due to possible risk of confusion or association).

Virtuality
Virtuality

Where can I go?

You can initiate, follow up, pay, and finalize the process by obtaining the documents through the website of the Superintendence of Industry and Commerce.

Costs
Costs

What is the cost of this procedure?

COP$1.003.500 

Based on the price rates of trademarks that are updated annually and can be paid online or physically.

Time
Time

How long does this process take?

Between 180 and 210 days

Regulations
Regulations

What regulations must I comply with?

Decision 486 of 2000, The Commission of the Andean Community (Art. 134) (Supranational standard with the rank of law).

Resolution 63360 of 2021

 

3 - Apply for the authorization of business integrations

This authorization will allow the investor to acquire control of one or several companies, or to acquire control of one company in an existing company or to create a new company in order to develop activities jointly.

The Colombian competition regime provides that business integrations or concentrations that meet certain conditions must be reported to the Superintendence of Industry and Commerce (SIC), which is the national competition protection authority. 

The term business integration is broad and includes mergers, acquisitions, consolidations, collaboration or joint venture agreements or any other type of agreement or transaction whereby one company acquires control over another and competition in the market ceases, through the consolidation of two market players into one. 

When the parties have a joint participation of less than 20% in the relevant market, the integration operation is understood to be automatically authorized by virtue of the law, but in any case, it must be notified to the SIC before it is carried out, and the SIC reserves the right to review the assumptions of event considered by the parties.

When the parties have a joint participation of more than 20% in the relevant market, the transaction must be approved by the SIC in order to be conducted.

Requirements
Requirements

What do I need to request the integration of companies?

Business integrations must be reported to the SIC when the following assumptions are met:

  1. Subjective assumption: the companies involved in the operation are engaged in the same economic activity (horizontal integration); or that the companies involved in the operation are part of the same value chain (vertical integration).

  2. Objective assumption: The companies that meet any of the subjective assumptions have had, jointly or individually, operating revenues in excess of 60,000 legal monthly minimum wages in force (for the year 2021 COP$ 54,511,560,000; approximately USD 14,833,077) in the year immediately preceding the transaction; or that the companies that meet any of the subjective assumptions have had total assets, jointly or individually, in excess of 60,000 legal monthly minimum wages in force (for the year 2021 COP$ 54,511,560,000; approximately USD 14,833,077) in the year immediately preceding the transaction.

  3. Notification document

  4. In case of having an approved power of attorney, submit the powers of attorney and certificates of existence and legal representation of all the intervening companies

Steps
Steps

What are the steps to apply for business integration?

  1. Gather the required documentation (pre-evaluation application and additional information if required)

  2. Make the payment  

  3. File the application with the Superintendence of Industry and Commerce

Virtuality
Virtuality

Where can I go?

You can initiate, follow up and finalize the procedure and/or service online through the website of the Superintendence of Industry and Commerce SIC

Costs
Costs

What is the cost of this procedure?

To file a notification: COP$2,620,000 (approximately US$750). To file a pre-evaluation request: COP$14,200,000 (approximately USD4,100).

If the SIC determines that the transaction presents competitive concerns it is necessary to initiate Phase 2, which depending on the operating income or total assets of the parties that are in the process of integration, must assume higher fees ranging from COP$26,160,000 (approximately USD7,500), up to COP$37,380,000 (approximately USD10,800).

Time
Time

How long does this process take?

135 calendar days approximately

Regulations
Regulations

What regulations must I comply with?

Law 1340 of 2009 (Article 9) (Ordinary Law) 

Circular 1 of 2001 of the Superintendence of Industry and Commerce, Chapter Two of Title VII (Number 3) (Administrative Act).

Resolution 2103 of 2021