Checklist for a non-registered legal entity
- Certificate of payment of payroll taxes, signed by the legal representative of the proponent or its statutory auditor, if required to have it (Compliance with article 50, Law 789 of 2002).
- Copy of the RUT.
- Certification issued by the legal representative and the statutory auditor, if required to have one, or the accountant, relative to the size of the business (large, medium, small or micro) according to the legal and regulatory definition.
Download model number 1 (spanish version)
- Legal entities not registered in the Commercial Registry, the Registry of Non-Profit Organizations, or any of the records kept by chambers of commerce, shall attach a certificate of existence and legal representation issued by the relevant authority, with date of issue not exceeding two (2) months prior to the date of application to the relevant procedure in the Unified Offeror Registry, which shall include at least the following information:
- Full name or business name of the proponent.
- Modifications of the business name.
- Type, number and date of the document of incorporation or creation.
- Date, document type and entity that recognizes the legal status.
- Duration of the legal entity.
- Place of business of the legal entity.
- Name and identification of the legal representative.
- Powers and limitations of the legal representative.
In case the certificate issued by the competent authority does not contain the above information, you must attach a copy of the articles of incorporation certified by the entity engaged in inspection and surveillance, stating the missing information.
When the authority's functions do not include certifying the articles of incorporation of the entities under its surveillance, the latter will be accompanied by a certificate issued by the legal representative of the proponent, declaring that they faithfully correspond to the current articles of incorporation of the legal entity.
When the time of duration of the entity is not in the certificate of existence and legal representation or the articles of incorporation, a certificate issued by the legal representative of the proponent must be delivered.
The entities of public law that have been created by law or administrative act and do not hold possession of the documents mentioned in this section, must attach a copy of the law or administrative act of creation and the corresponding document certifying the appointment, powers and limitations of the legal representative.
- If the proponent is part of a corporate group and/or control situation, you must provide a certificate issued by the legal representative and the statutory auditor, if the legal person is required to have one, or the auditor or accountant, stating the identification of the members of the corporate group, the control situation, the controllers and controlled.
- If the proponent is NOT part of a corporate group and/or control situation, you must provide a certificate issued by the legal representative and the statutory auditor, if the legal entity is required to have one, or the auditor or accountant, stating it is not a member of the corporate group, does not exercise control over other companies, and there is no control situation over the interested party.
Download model number 3 (spanish version)
Proven experience in the supply of goods, works and services based on contracts executed directly by the proponent, or through consortia, temporary unions or companies in which the proponent has or had any participation. You may submit any of the following documents:
A. Certification issued by the third party who received the goods, works or services, stating:
- That the contract is executed.
- Identification of the parties.
- Contract amount expressed in monthly legal minimum wages (SMMLV, from the spanish acronym) as of the date of termination.
- Goods, works or services to which the experience corresponds.
- Classification codes that identify the goods, works or services.
- Date of termination of the contract.
Download model number 6 (spanish version)
- If the certificate does not state the UNSPSC codes, then a statement must be filed signed by the proponent's legal representative, in which said codes are listed.
B. Only in the event that the proponent may not obtain aforementioned certification, it may submit a copy of the executed contract stating the above information, together with a written statement, signed by the legal representative, stating the contract amount as of the date of termination, expressed in monthly legal minimum wages (SMMLV); the goods, works or services performed and classification codes with which they identify.
Purchase orders, service orders and irrevocable acceptance of offers, issued by the contracting third party that received the goods, works or services, identifying the value, object, termination date and parties under contract.
Download model number 6B (spanish version)
C. Contract liquidation minute signed by the contracting third party, along with a statement issued by the proponent, which will be construed as having been given under oath, certifying that the information contained in the liquidation minute is current and effective.
Legal persons created less than 3 (years) before may accredit their experience based on their partners' or shareholders', associates' or founders'.
If the contract was executed by the proponent as a member of a consortium or temporary union (UT), and the certification or copy of the contract fails to state who the members were and their participation percentage, a copy of the deed or creation document for such consortium or UT must be attached.
Download model number 6C (spanish version)
A. Legal entities must attach the financial statements with cut-off date as of December 31 of the immediately previous year, signed by the legal representative and duly certified and audited by the accountant, auditor or statutory auditor, as appropriate.
Keep in mind:
- If the proponent legal entity does not have enough years of operation to submit financial statements as of December 31, it must register with the quarterly financial statements or with the opening financial statements.
- When the proponent legal entity belongs to a corporate group and by law must prepare and disclose consolidated financial statements, it shall submit them and they shall be audited and include pertinent notes. However, the financial and organizational capacity of the proponent shall be determined in accordance with the individual financial statements.
- Legal entities subject to inspection, surveillance or control by the Superintendence of Corporations must send a copy of the additional documents required by this Superintendence.
- In the event where the accounting items are different from those required by Decree 1082 of 2015, which superseded Decree 1510 of 2013, you must additionally submit a certification signed by the accountant or auditor or the statutory auditor, as applicable, where the equivalence of the different accounts is established.
- The financial statements must include:
• Statement of Financial Position
• Profits and Loss Statement
• Statement of changes in equity
• Cash flow statement.
- The financial statements must include their corresponding notes, which are considered to be a integral part of all financial statements, facilitating their understanding and usefulness.
- Micro-companies (those which have implemented the regulations under IFRS, Group 3) are exempt from including the Statement of Changes in Equity and the Cash flow Statement.
B. Copy of the professional card of the statutory auditor, or the accountant, as appropriate.
C. Current certificate of the Central Board of Accountants of the statutory auditor or the accountant, as appropriate.
D. Financial Annex: together with the duly audited and certified financial statements with their corresponding notes, you must attach the documents containing the main detailed accounts in the balance sheet, the main accounts of the profit and loss statement, and debtor and creditor contingent accounts. The legal representative and the statutory auditor shall issue this document, if the legal entity is required to have one, or the auditor or accountant.
Download model number 2A (spanish version)
In accordance with numeral 4.2.1 of the Unified Circular of the Superintendence of Industry and Commerce.
Note: The financial information included in the RUES form, shall be consistent with that contained in the financial statements and that reported in the Commercial Registry or the Non-Profit Organizations Registry.
The goods, works or services to be offered to State Bodies, identified with the classifier of goods and services in the third level, as filled out in the form, do not require support.