Requirements and conditions for affiliation

 

The requirements and conditions that the merchant, whether natural person or legal person, must meet in order to be an affiliate of the CCB, are:

1. To have been registered with any chamber of commerce for a minimum of two (2) consecutive years.
2. To have engaged in commercial activity during such time.

In accordance with article 13 of the Commercial Code, registration in the Commercial Registry is equivalent to engaging in commercial activity.

3. To have permanently fulfilled the obligations corresponding to merchant status, including the timely renewal of Commercial Registry every term.

In accordance with article 19 of the Commercial Code, merchants, in addition to registering with the Commercial Registry, must fulfill the following obligations:

a) Register all minutes, books and documents that the law requires to be registered with the Commercial Registry, namely:

Natural persons do not need to register commercial books with the Commercial Registry; legal persons must register only Partner or Shareholder Registries, assembly minutes, and Board of Associates minutes. Sole proprietorships addressed in Law 222 (1995) must register their minutes book.

b) Maintain regular business accounting in compliance with legal provisions.
c) Keep, as provided for by the law, communications and other documents related to their businesses or activities.
d) Notify the competent judge of the cessation of the normal payment of commercial obligations.
e) Abstain from engaging in unfair competition, where “unfair competition” refers to any act performed in the market for concurrent purposes, which proves to be contrary to honest commercial practices, the principal of good faith, the honest practices in industrial or commercial matters; or which affects the free decision of the buyer or consumer, or the concurrent functioning of the market (number 2, article 10bis, Paris Convention, approved through Law 178 (1994) and revisited in art. 7, Law 256 (1996).

Paragraph: these very responsibilities must be fulfilled permanently by an Affiliate in order to maintain affiliate status.

Demonstrate that it is free of any of the following circumstances:

a) Has been sanctioned in processes of disciplinary responsibility with removal or inability to exercise public functions.
b) Has been convicted of criminal acts.
c) Has been convicted of charges involving fiscal responsibility.
d) Has been excluded or suspended from the professionally engaging in commerce or from its professional activity.
e) Is included on lists of entities involved in asset laundering or financing of terrorism and any illicit activity.

Paragraph 1. The legal representative of legal persons must meet the same aforementioned requirements and conditions for Affiliates, with the exception of being a merchant.

Paragraph 2. To maintain Affiliate status, the merchant must continue to meet the previously mentioned requirements and conditions.

Paragraph 3. The Chamber of Commerce of Bogotá will abstain from affiliating, or will cancel the affiliation of, a natural or legal person when such person does not meet or ceases to meet any of the requirements and conditions established by the current regulations on the matter.

Paragraph 4. In the event that the legal representative of the Affiliate does not meet or ceases to meet the requirements and conditions herein, the Chamber of Commerce of Bogotá will require that the situation be corrected within two (2) months in order to prevent disaffiliation.

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