Subsector
Private Equity Funds
Private Equity Funds (FCP) are closed-end collective investment funds that must allocate at least two thirds of their investors' contributions to the acquisition of assets or rights of economic content other than securities registered in the National Registry of Securities and Issuers (RNVE).
Since 2019, Colombia has an exclusive regulatory framework for this type of vehicles that promotes the creation of local funds. The national regulation and the adoption of international standards allow private equity funds to have a great investment potential. It should be noted that these funds are not a legal entity and have the attribute of not being subject to income tax.
Colombia stands out in the region due to its geographical location and legal stability. Most of the sectors where the resources of Private Equity Funds are focused are infrastructure, energy and tourism, as well as technology and software, which contribute to project the country as an important destination for investors in the medium and long term.
Additionally, within the framework of the Pacific Alliance and the Fund Passport, it is possible to access capital from member countries: Mexico, Colombia, Peru, and Chile. More information on this aspect can be found at Colcapital and Procolombia.
*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.
Here you can consult each of the steps and requirements for Pre-operational licenses
Through this procedure you can obtain a technical concept on the fire protection system and human safety conditions.
What do I need to request the review of the fire protection system?
You need the certificate of existence and legal representation
Payment of ICA Tax (Industry and Commerce Tax)
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
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
What is the cost of this procedure?
COP $65.376
How long does this procedure take?
45 working days
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.
The objective of this procedure is to register the trademark of the company before the Superintendence of Industry and Commerce in Colombia SIC
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 |
What steps to follow once I have all the documents for the Trademark Registration?
Gather the required documentation
Make the payment
File the application
Attend to the request for the formal review process of the documents attached with the application and the correction of the same, if necessary.
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).
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.
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.
How long does this process take?
Between 180 and 210 days
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).
Private Equity Funds are composed of an Administrative Company, a Professional Manager, a Supervisory Committee and an Investors' Assembly.
Although the approval of the Superintendence of Finance of Colombia (SFC) is not required for the operation of the FCPs, the following information must be submitted to the SFC at least 15 working days prior to the incorporation of these funds:
Model of the regulations
Profile of the professional manager, if any
Copy of the minutes of the Board of Directors of the Management Company approving the model of the regulations
Certification issued by the legal representative of the Management Company certifying compliance with the legal requirements
The Investment Policy must be defined prior to the incorporation of the FCP. The Investment Plan must contemplate the type of companies or projects in which it is intended to participate and the criteria for their selection, including their economic activity and geographic location
NOTE: The Management Company must be a corporation supervised and controlled by the SFC
What steps to follow once I have all the documents?
Provide the information of the requirements together with the fund's regulations to the Financial Superintendence of Colombia - SFC
Where can I go?
You can initiate and follow up this procedure online through the Financial Superintendence of Colombia and through the Public information
What is the cost of this procedure?
No cost
How long does it take?
>1 business day
What regulations must I comply with?
Decree 1984 of 2018
Decree 2555 of 2010 (Art. 3.3.2.2.1) (Regulatory Decree)
External Circular 029 of 2014 - Superintendency of Finance of Colombia
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.
What do I need to request the integration of companies?
Business integrations must be reported to the SIC when the following assumptions are met:
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).
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.
Notification document
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
What are the steps to apply for business integration?
Gather the required documentation (pre-evaluation application and additional information if required)
Make the payment
File the application with the Superintendence of Industry and Commerce
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
What is the cost of this procedure?
To file a notification: COP$2,620,000 (approximately USD750). 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).
How long does this process take?
135 calendar days approximately
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
Address: Cl 28 # 13A - 15, Bogotá, Colombia.
Postal Code: 110311
Office hours: 8:00 a.m - 5:00 p.m
Switchboard Telephone: (+57) 601 606 7676
Toll-free hotline: 01-8000 944 570
Anti-corruption hotline: 01-8000 958 263
Questions, Complaints, Claims, Suggestions: Here
Judicial notifications: notificacionesjudiciales@mincit.gov.co
Incident Response VUI Email: ContactoVUI@mincit.gov.co
