Checklist for a registered legal entity

Documents for a Legal Entity (Registered or enrolled in the CCB)

Legal capacity
  • 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.  
Statement of business group and control situation
  • 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)

 

The information related to the participation or not in an enterprise group and/or the existence of a situation of control, shall be in accordance with what is reported in the Merchant's Registrar. 

Experience

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 certification does not indicate the UNSPSC codes, you must submit a statement signed by the legal representative of the proponent, where such codes are indicated. 

Download model number 6A (spanish version)

B. Only if the proponent cannot get aforementioned certification referred to in the preceding paragraph, it may provide a copy of the executed contract stating:

The above information in regard to the requirements of any contract, together with a written statement signed by the legal representative stating the names of the parties to the contract, 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. 

Download model number 6B (spanish version)

Legal entities established no longer than three (3) prior, may prove their experience based on that of its partners or shareholders, members or constituents. 

If the contract was executed by the proponent as a member of a consortium or temporary union (UT, from its spanish acronym), and the certification or the copy of the contract does not state who comprised it and the percentage of ownership, you must provide copy of the incorporation of said consortium or UT. 

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. 

Download model number 6C (spanish version)

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.

Financial and organizational capacity

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, 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. 

    Download model number 2C (spanish version)

  • 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.
  • The financial statements submitted to the RUP must meet the requirements of the accounting standards for their preparation and presentation. 

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)

  

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.

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