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TABLE OF CONTENTS
P.

TITLE I

ACTIONS BEFORE THE SUPERINTENDENCY OF INDUSTRY AND COMMERCE ................ 1

CHAPTER ONE RULES APPLICABLE TO THE RIGHT OF PETITION .......................................... 1
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10
1.11
1.12

Origin ................................................. .................................................. ............................ 1
Competent authority ................................................ .................................................. .............. 2
Requirements ................................................. .................................................. ............................... 2
Verification of requirements and incomplete requests ............................................ ....................... 3
Procedure to resolve ............................................... .................................................. ..... 4
Interruption and suspension of the terms to resolve or answer ........................................ 5
Rejection ................................................. .................................................. ............................... 5
Withdrawal or withdrawal ............................................... .................................................. ................ 5
Responsibility for the improper application of the procedures .......................................... ............. 5
Sanctions ................................................. .................................................. ............................... 5
Applicable regulations ................................................ .................................................. ............. 6
Internal procedure ................................................ .................................................. .............. 6

CHAPTER TWO REQUEST FOR INFORMATION ............................................. ................................. 6
2.1
2.2
2.3
2.4
2.5

Consultation of documents ............................................... .................................................. .......... 6
Photocopies of documents ............................................... .................................................. ....... 7
Consultation of files ............................................... .................................................. ........... 7
Issuance of certifications ............................................... .................................................. .... 8
Reserved information .............................................. .............................................. 8

CHAPTER THREE COMPLAINTS AND CLAIMS ............................................. ............................................. 9
3.1
3.2
3.3

Centralization of complaints and claims ............................................ ........................................ 9
Functions of the General Secretariat as the unit in charge of customer service. 9
Procedure for handling complaints and claims ........................................... ...................... 10

CHAPTER FOUR RESOURCES OF THE GOVERNMENT WAY ........................................... .................. 10
4.1
4.2

Competent officer ................................................ .................................................. ......... 10
Opportunity and presentation ............................................... .................................................. .... eleven

CHAPTER FIVE PUBLICATION, COMMUNICATION, NOTIFICATION AND ENFORCEMENT OF THE
DECISIONS OF THE SUPERINTENDENCY OF INDUSTRY AND COMMERCE ...... 12
5.1
5.2
5.3
5.4
5.5
5.6

Publications, communications, citations and notifications ........................................... ......... 12
Notifications and communications regarding industrial property ...................................... 13
Communications regarding non-domiciliary telecommunications services .................. 14
Regulation of the locker service ............................................. ........................................... 14
Advertising ................................................. .................................................. ............................. fifteen
Execution ................................................. .................................................. ............................. fifteen

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5.7
5.7.1
5.7.2
5.7.3

Regulation of the Online Notification Service through the Internet ................................... 16
Requirements to access the online notification service through the Internet ............ 16
Request to access the online notification service through the Internet. ...................... 16
Username and password assignment for online notification via
Internet. .................................................. .................................................. ............................ 16
To make the notification online through the Internet, the following will proceed:
.................................................. .................................................. ............................ 16
Schedules ................................................. .................................................. ............................. 17
Text of the administrative act .............................................. .................................................. ... 17

5.7.4
5.7.5
5.7.6

CHAPTER SIX

6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8.

RULES APPLICABLE TO CERTAIN ACTIONS OF THE
SUPERINTENDENCE OF INDUSTRY AND COMMERCE ........................................ 17

Inspection visits ............................................... .................................................. ............... 18
Actions that include acts of seizure in industrial property procedures ... 19
Accumulation of documents and procedures ............................................. ...................................... twenty
Request for extensions ............................................... .................................................. ............. twenty
Lost receipts ................................................ .................................................. ............... twenty-one
Reconstruction of records ............................................... ................................................ 22
Persuasive and coercive collection .............................................. .................................................. .... 22
Record of Hearings ............................................... .................................................. ........... 29

CHAPTER SEVENTH CONCILIATION COMMITTEE ............................................. ................................... 30
7.1
7.2
7.3
7.4

Integration ................................................. .................................................. ............................ 30
Functions ................................................. .................................................. ............................. 31
Sessions and voting ............................................... .................................................. ................ 31
Technical secretary ................................................ .................................................. .................. 32

CHAPTER EIGHT ADMINISTRATIVE AND JURISDICTIONAL ACTIONS IN THE MATTER OF
CONSUMER PROTECTION *.............................................. ........................ 32
8.1
8.1.1
8.1.2

Administrative Actions ................................................ .................................................. .. 32
Issuance of general administrative acts ** ......................................... ............. 32
Actions that involve jurisdictional decisions and determine responsibility
administrative. ** .............................................. .................................................. ....................... 33
Determination of administrative responsibility ............................................. ................... 33
Accreditation and metrology ............................................... .................................................. ........ 33
Appeals against the acts of non-domiciliary service operators of
telecommunications ................................................. .................................................. ............... 33
Jurisdictional actions ................................................ .................................................. .. 3. 4

8.1.3
8.1.4
8.1.5
8.2

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TITLE I

ACTIONS BEFORE THE SUPERINTENDENCY OF INDUSTRY AND COMMERCE

CHAPTER ONE RULES APPLICABLE TO THE RIGHT OF PETITION
1

1.1 Origin
In accordance with the powers assigned by law and the regulations in force regarding the right of
request, the Superintendency of Industry and Commerce will attend:
a) In general, respectful requests in the general or particular interest that everyone has
right to present, in accordance with the provisions of articles 23 of the Political Constitution and 5
and following of the contentious administrative code, in relation to the matters that
nature is legally incumbent upon him.
b) Requests for information that are submitted in relation to the action of this
Superintendency, in the terms of article 17 and following of the contentious code
administrative.
c) Consultations, verbal or written, related to the functions in charge, without prejudice to the
that provide special rules, in accordance with the provisions of article 25 of the
contentious administrative code.
d) Requests, complaints and claims, hereinafter PQR, and resources related to their areas of
competence.
e) Requests related to the interpretation and application of the rules that regulate the
internal structure and operation of the Superintendency of Industry and Commerce.
f) Requests related to the interpretation and application of the rules that regulate the
inspection, surveillance and control function entrusted to the Superintendency of Industry and
Commerce.
g) Complaints and claims that are presented due to the malfunction of the services in charge of the
Superintendency of Industry and Commerce.
h) Others related to the functions entrusted to the entity in accordance with the
Decree 2153 of 1992 and its concordant, complementary or modifying norms.

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1.2 Competent authority
In accordance with the provisions of article 33 of the contentious-administrative code, if the
Superintendency of Industry and Commerce is not the competent authority to meet the request or
To initiate the administrative action that is requested, it must inform the
interested, if he acts verbally; or within a term of ten (10) days, from the
reception, if it was in writing; in the latter case, the Superintendency must send the letter,
within the same term, to the official or competent entity, and the deadlines established to decide
they will be extended in ten (10) days.
If the matter corresponds to another agency of the Superintendency of Industry and Commerce, the
official to whom it was assigned by distribution will proceed to make the corresponding transfer, to more
take the next day, filling out the format that has been adopted for this purpose in this entity,
without the need to inform the petitioner about the matter. In this event, the terms will be counted
as of the date the application was filed with the Superintendency.
1.3 Requirements
Applications submitted to the Superintendency of Industry and Commerce, in exercise of the
right of petition, may be formulated verbally or in writing, through any means that
allow the administration to know it and they must respect the following rules:
a) Written requests must contain, at least, the following requirements:
- Designation of the department to which it is directed;
- Full names and surnames of the applicant and / or his representative or attorney-in-fact, if he is of the
case, with indication of identity document and address;
- Purpose of the request;
- Reasons of fact and law on which it relies;
- List of the accompanying documents. If any or some of the documents
necessary to receive or resolve the request rest with the Superintendency, you must
indicate such circumstance as well as the dependency that owns them;
- Signature of the petitioner;
- When acting through an agent, the latter must accompany the respective power of attorney in the
terms indicated in article 65 of the civil procedure code.
The respective writing must be filed with the Documentary Center of the Superintendency of
Industry and Commerce, agency that will label it with indication of the date of receipt, the number
of filing and the agency to which it will be referred. Based on the data provided in the
corresponding label, the petitioner may identify and request information on the status of
your request.

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b) Verbal requests must meet the same requirements as written ones and will be dealt with in the
User Service office of the Superintendency of Industry and Commerce from Monday to Friday
between 8:30 am and 5:00 pm, continuous shift.
The official before whom a verbal request is formulated will draw up a letter in which they record
the fundamental elements of the same, as indicated in the previous literal, which will be
signed by the petitioner, his representative or attorney-in-fact.
If the person submitting a verbal request claims not to know or cannot write and requests proof of
Having presented it, the official will provide you with a copy of the aforementioned document.
If the official in charge of attending to the request deems it pertinent, he may demand his
presentation in writing, as well as the completion of the respective form, if there is room to
this.
1.4 Verification of requirements and incomplete requests
Except as provided in special regulations, when a request is not accompanied by the documents or
necessary information, in the act of receipt the petitioner will be indicated those that are missing. If I insist,
the warnings that were made will be expressly recorded.
Upon receipt of the written request in the corresponding agency to resolve or answer it, the
competent official will verify that the information or documents are necessary to
to decide. If it observes any insufficiency, it will require the petitioner to remedy the failures of
that suffers, when it is possible.
The request for additional information made to the petitioner will interrupt the terms
established to make the decision. Once the interested party provides the information or
necessary documents, the term to resolve the petition will begin to count again, and you will not be
you can order more accessories.
If within two (2) months following the request for compliance with requirements or
additional information the interested party will not pronounce on the matter, it will be understood that he has desisted from
the same, proceeding, consequently, to order its file in the Documentary Center of the
entity, without prejudice to the interested party subsequently submitting a new application.
Individuals may not be required to certify, certify or document that the
Superintendency has in its power.

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1.5 Procedure to solve
Taking into account the type of request, it must be resolved by the following dependencies and
according to the procedure indicated below:
a) The documents containing the petition are labeled by the Documentary Center, the
corresponding distribution, at the latest, the day after receipt.
b) Written requests will be resolved by the head of the competent agency, within the
following terms:
- Requests in general or particular interest must be resolved by the agency to
who are assigned, within fifteen (15) days following their receipt date.
- Queries made by individuals must be cleared by the Legal Office,
within thirty (30) days following its receipt date.
- Queries made by public entities or other dependencies of the entity
must be answered by the Legal Office, within thirty (30) days following its
date of receipt, provided that these relate to the powers of the
Superintendency of Industry and Commerce.
- Requests for information made by senators and representatives of the Republic,
in exercise of the control that corresponds to the Congress, must be answered within
the five (5) days following the request.
- Requests for information must be resolved within ten (10) days following their
date of receipt.
- The issuance of certifications will be carried out in a term of fifteen (15) days, unless it is
It deals with certifications on a specific file, for which there are three (3)
days.
c) When it is not possible to respond to the interested party within the indicated terms
above, so you will be informed, stating the reasons for the delay and indicating the date
in which it will be resolved or will respond to your request.
d) Once the response has been signed by the head of the corresponding agency within the
established terms, it will be delivered to the Documentary Center for filing and referral.
In the response to the interested party, the internal filing number of the respective petition will be cited.

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e) When the request is verbal, general or particular, it will be dealt with by the Attention Office
to the User, according to the established public service hours. The decision may be made and
communicate immediately to the interested party. In all other cases, the answer will be formulated by
written.
1.6 Interruption and suspension of the terms to resolve or answer
In the event of a request for information or additional requirements made by the entity, the
terms indicated in literal b) of numeral 1.5 will be interrupted, until compliance with the
information supplement requirement. From the moment the interested party satisfies the
requirement, they will start running the terms again.
Likewise, said terms will be suspended, while deciding the incident of challenge that
deals with article 30 of the contentious administrative code.
1.7 Rejection
There will be room to reject the petition when it is presented in a disrespectful or
disobedient, using threats, insults, insults, insults, insults or provocations, among
others.
1.8 Withdrawal or withdrawal
Interested parties may expressly desist from their requests at any time and before
the final decision is made. However, the Superintendency may continue the action of
office, if deemed necessary for reasons of general interest.
1.9 Responsibility for the improper application of the procedures
The heads of the respective areas and the officials to whom the processing of the
matters determined here, will be disciplinary responsible for the undue attention of the
PQR or consultations at your charge, as well as for the non-application of the principles of good faith,
economy, speed, fairness, publicity, morality, equality and contradiction.
1.10 Sanctions
The unjustified delay in answering the PQR, information or queries, will be sanctioned by the
Superintendency of Industry and Commerce, without prejudice to the action of the Attorney General of the
Nation, in accordance with current legal regulations.

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1.11 Applicable regulations
Situations not provided for in these regulations will be governed by the provisions contained
in the contentious-administrative code and in the provisions that modify, substitute or
add.
The administrative procedures governed by special rules, will be governed by them and, in what is not
provided, the provisions contained in the contentious administrative code and in
this title, as long as they are compatible.
1.12 Internal procedure
For the full compliance with what is established here, the internal procedure that for the
effect established by the Superintendency of Industry and Commerce.

CHAPTER TWO REQUEST FOR INFORMATION
two

2.1 Document consultation
The possibility of requesting information from a public authority is a modality of the right to
petition, by virtue of which, everyone has the right to consult the documents that rest in
public offices and that a copy of them is issued, provided that said documents do not
are reserved in accordance with the Constitution or the law or are related to the defense or
National security.
a) It is the responsibility of the General Secretariat to authorize or deny the consultation of official documents and
issuance of copies or photocopies where appropriate.
b) Documents related to the operation of the Superintendency of Industry and
Commerce, the rules that give rise to and define its functions, its nature, structure and
organizational chart, institutional planning and its results, the status of each procedure carried out by the
entity, the list of the services it provides and the way to access them, as well as the
publications related to the Superintendency of Industry and Commerce, can be
Consulted in the library, during the hours of attention to the public. Said documents
also available on the WEB page www.sic.gov.co .
c) To consult documents in the entity's library, the following must be followed
process:

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i. The private person requests the document reason for consultation from the official of the
Superintendency of Industry and Commerce in charge of the library.
ii. The library official requests a personal identification document from the individual,
who must fill out the loan form.
iii.The official delivers the requested information.
2.2 Photocopies of documents
Any person may request the General Secretariat for photocopies of the documents that rest in the
the Superintendency of Industry and Commerce and that are not reserved. For him
In effect, the procedure established below will be followed.
a) The issuance of copies will give rise to the previous payment of the same, when they are higher
to five (5). For this purpose, the General Secretariat will indicate to the petitioner, verbally or by
writing, as the case may be, the value of the copies and the financial institution in which the
respective payment (Banco Popular account N ° 05000110-6) in favor of the DNT - Superintendency of
Industry and Commerce, code 01, national collection format).
Taking into account the provisions of article 24 of the contentious administrative code, the
The Superintendency of Industry and Commerce will indicate annually, by resolution, the value
that must be paid for the copies, which may not exceed the cost of their reproduction.
Said value must be readjusted annually based on the inflation target, in accordance with the
established in Article 3 of Law 242 of 1995.
b) As of the cancellation of the photocopies, the General Secretariat has ten (10) days to
issue them, except in the case of documents that are part of a file, case in which
which, has a maximum term of three (3) days for issuance.
c) To claim the copies, the petitioner has a period of no more than two (2) months to
from the receipt of the communication by this Superintendency. Otherwise, it
you will understand that you have withdrawn your request.
2.3 Consultation of files
Any person has the right to examine the files that rest in the Superintendency of
Industry and Commerce in the state in which they are.
Those files that contain procedures with respect to which a
term for the interested parties, they may be consulted according to the opening hours to the public
established and in the physical space designated for that purpose.

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2.4 Issuance of certifications
a) In accordance with number 12 of article 21 of Decree 2153 of 1992, the Secretariat
General will issue the certifications that, for reasons of its competence and by virtue of the
legal provisions, corresponds to the Superintendency of Industry and Commerce. It is
It is the responsibility of the General Secretariat to designate the officials in charge of issuing the
certifications.
b) The Superintendency of Industry and Commerce can certify the facts or acts of its
authorship, such as conducting inspection visits, the status of ongoing investigations,
etc.
c) Regarding the issuance of certifications related to the chambers of commerce, the
chamber interested in issuing a certificate of existence and legal representation,
will submit the request to the General Secretariat of the Superintendency of Industry and Commerce who,
Once the certification has been issued, it will be sent to the corresponding chamber by using the
mail.
d) The General Secretariat will also certify that the signature stamped on the certificates of
existence and legal representation issued by the country's chambers of commerce, correspond
those that are registered in this Superintendency.
e) For the issuance of certifications, the General Secretariat has a term of fifteen
(15) days, except in the case of certifications on a specific file, which
they must be issued within a term of three (3) days.
2.5 Reserved information
The Superintendency of Industry and Commerce may only deny the consultation of certain
documents or a copy or photocopy thereof, by means of a duly motivated act, when
These have a reserved character, in accordance with the Constitution and the law or are related to the defense
or national security. For this purpose, the following rules will be followed:
a) In the case of documents subject to reservation, such circumstance will be communicated to the interested party,
in accordance with the provisions of article 22 of the contentious-administrative code, by means of official letter
signed by the General Secretariat that denies the request and will be notified of such circumstance to the
Assistant Attorney for Constitutional Affairs of the Office of the Attorney General of the Nation, according to
the paragraph of article 8 of decree law 262 of 2000.
b) The reserved nature of a document will not be enforceable against the authorities that request it to
the due exercise of their functions, notwithstanding which they must ensure the reservation of said

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documents. Neither will it be enforceable against the person on whom said documents relate, in
whose event must prove such quality.
c) The legal reserve on any document will cease thirty (30) years after its issuance.
Once these have been fulfilled, the document for this sole fact does not acquire the historical character and may be
consulted by any citizen, and the authority in his possession acquires the
Obligation to issue copies or photocopies of it to whoever requests it.
d) In the case of applications for invention patents, the file may not be consulted
by third parties before eighteen (18) months, counted from the date of filing of the
request, unless there is written consent from the petitioner. Once the
publication, the file will be public and may be consulted.
Anyone who proves that the petitioner of a patent has tried to enforce against him
the rights derived from the request, you can consult the file before its publication without
consent of the former.
e) If the petitioner of confidential information insists on his request, the
respective official will send the corresponding documentation to the Contentious Court
Administrative that has jurisdiction in the place where the documents are located. The
The Court will decide in a single instance whether or not to accept the request made or whether it should be addressed
partially, taking into account the provisions of Article 21 of Law 57 of 1985.
CHAPTER THREE COMPLAINTS AND CLAIMS
3

3.1 Centralization of complaints and claims
The attention to the user corresponds to the General Secretariat. This will be the only dependency
authorized by the Superintendency of Industry and Commerce to receive and process complaints and
claims referred to in literal g of numeral 1.1 of this title and that are
file against the entity, prior filing of the same. Complaints and claims received in
different dependencies must be sent to them for their respective processing.
3.2 Functions of the General Secretariat as a dependency in charge of attending to
Username
For the correct fulfillment of its functions, the General Secretariat as the agency in charge of
customer service must:

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a) Process the complaint or claim before the agency and / or responsible official, so that
resolve and inform the interested party of the decision taken.
b) Transfer within the term established in paragraph 1.2, the complaints or claims that must be
resolved by other entities.

c) Inform interested persons, when so requested, about the status of the processing of their
request.
d) Follow up on complaints and claims in order to guarantee a due and timely
User Support.
e) Present quarterly to the Superintendent of Industry and Commerce or when he requires it,
a report containing the following:
- Condensed list of the main complaints and claims, as well as the solution that is given to them
it gave;
- Services about which the greatest number of complaints are made; Y
- Main recommendations of individuals that aim to improve the service
provided by the entity, rationalize the use of available resources and do more
participatory public management.
3.3 Procedure for handling complaints and claims
Complaints and claims will be dealt with and processed according to the procedure and within the
terms established for the right to petition, in the legal provisions and this
resolution.

CHAPTER FOUR RESOURCES OF THE GOVERNMENT WAY
4

4.1 Competent official
Against the acts that put an end to the administrative actions carried out before the
Superintendency of Industry and Commerce in exercise of the right of petition in particular interest,
the resources provided for in article 50 of the contentious-administrative code will proceed, in accordance with
what is established in Decree 2153 of 1992, as follows:
a) The Superintendent of Industry and Commerce is responsible for deciding the following resources:

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- Appeals for reconsideration and requests for direct revocation filed against the
acts that he himself issued
- The appeals and complaints that are filed against the acts issued by the
head of the division of distinctive signs referred to by well-known marks
b) The Delegate Superintendent for the Promotion of Competition is responsible for deciding:
- Appeals for reinstatement and requests for direct revocation against the acts that this
same official issued
- Appeals and complaints against acts emanating from the chambers of commerce
c) The Delegate Superintendent for Industrial Property is responsible for deciding the resources of
appeal and complaint against the acts issued by the heads of the divisions under his charge,
Exception made of those that correspond to the Superintendent of Industry and Commerce.
d) The Delegate Superintendent for Consumer Protection is responsible for deciding the
remedies for reversal and requests for direct revocation against the acts that he himself
issued.
4.2 Timeliness and presentation
The remedies for reconsideration and appeal filed against the acts issued by the
Superintendency of Industry and Commerce, must intervene in the notification procedure
personal or within five (5) days following it, to the cancellation of the edict or to the publication,
depending on the case and in accordance with the provisions of article 51 of the contentious code
administrative. The resources will be received and filed exclusively in the Documentary Center of
the Superintendency.
The presentation of the appeal must be personal before the Superintendency of Industry and Commerce or
another authority that is empowered by law to do so (judge or notary, for example). Throughout
In this case, the term within which it must be presented will only be interrupted with the receipt of the appeal by
part of the Superintendency and the consequent annotation of its presentation in the registry that
the effect carries the General Secretariat.
After the resources have been filed, they will be distributed to the corresponding agency
your study and decision.

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CHAPTER FIVE PUBLICATION, COMMUNICATION, NOTIFICATION AND ENFORCEMENT OF
THE DECISIONS OF THE SUPERINTENDENCY OF INDUSTRY AND
COMMERCE
5
Regarding the execution, publication, communication and notification of the decisions of this
Superintendency, the following rules must be taken into account:

5.1 Publications, communications, citations and notifications
Except for different special provision, to publications, communications, citations and notifications
of the Superintendency, the following rules are applicable:
a) Decisions that put an end to an administrative action initiated on the basis of
a request of general interest, they will be communicated through the publication that of them
do it in the Official Gazette.
b) Decisions that put an end to an administrative action initiated on the basis of
a request of particular interest, the interested party, his representative, will be notified personally
or proxy. If personal notification cannot be made within five (5) days of shipment
of the summons, the notification will be made by edict fixed in the places of attention to the public of the
Superintendency of Industry and Commerce for a term of ten (10) days, with the insertion of the
operative part of the act and the date of fixation of the edict.
If the action was initiated by verbal request, personal notification may be made of it.
way.
If there is no other more effective way of informing the interested party, to make the personal summons, you will be
will send by certified mail a communication to the address that he has written down to the
intervene for the first time in the action or in the new one that appears in the communication made
especially for that purpose. The proof of sending the summons will be attached to the
proceedings. The shipment will be made within five (5) days following the issuance of the act.
When making the personal notification, the notified full, authentic and free copy of the
the decision, if it is written.
c) In administrative and jurisdictional processes carried out before the Superintendency of
Industry and Commerce, except for a different specific provision, summons and communications
may be validly supplied by using certified mail or courier
specialized in public postal services.
d) Notifications by commissioner: When the notified person is at a different address, the
The Superintendency of Industry and Commerce may commission the mayor of the locality for the
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notification and for this purpose the dispatch will be released with the necessary inserts, as provided in
Article 32 of the Code of Civil Procedure.
5.2 Notifications and communications regarding industrial property
In accordance with the provisions of Andean decision 486 and paragraph 1.2.1.8 of title X of this
circular, notifications or communications of the acts and decisions of the Superintendency of
Industry and Commerce in matters of industrial property will be supplied as follows:
a) Those acts that put an end to an administrative action and those of transferring requests for
cancellation to the record holders will be notified personally, in accordance with the procedure
provided for in article 44 of the Contentious Administrative Code, or online, through the Internet, of
in accordance with the provisions of numeral 5.7 of this chapter. If the notification cannot be made
staff within five (5) days of sending the summons, a list will be posted in a visible place to the
public for a term of ten (10) days, prepared through electronic means, with the data
corresponding to the file number, the type of administrative act, the act number
administrative, the indication of those involved in the process and their attorneys, if any, the
sense of decision and the dependence that makes it.
Notifications to persons domiciled outside the Capital District will be provided in accordance with the
here provided; Consequently, the provisions of literal d) of the
numeral 5.1. of Chapter V, Title I of the Sole Circular. The resolutions thus notified will be
available in full text on the Entity's website, the day following the day on which the
Please understand that all stakeholders have been notified.
In the event that the Superintendency of Industry and Commerce does not have an address for
notify the owner of the trademark object of the cancellation request, the applicant will be informed of
the cancellation such circumstance, in the same act in which the cancellation request is admitted and the
It is transferred to the owner of the trademark, preventing him from publishing, at his expense, the aforementioned act,
for a day in a newspaper with wide national circulation, the day on which the
*
notification to the owner, having to submit to the file evidence that this was carried out
.

b) The acts of registration in the industrial property register shall be understood to have been notified
on the date of the corresponding entry.
c) Notification of non-patentability in the terms of article 45 of Andean decision 486,
the requirements and transfers to the intervening parties, which are carried out within the formalities
of industrial property, will be carried out by fixing the list.
d) The resolutions issued by the Division of Distinctive Signs that decide the appeals of
reinstatement confirming the contested decision and granting the appeal
*

External Circular 007 of October 4, 2007. Published in Official Gazette No. 46,772 of October 5, 2007. (Modifies
literal a) of numeral 5.2)
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subsidiarily filed by the interested party, they will be notified by fixation in the list, of
in accordance with the provisions of literal g) of this numeral. Resolutions like this
notified will be available in full text on the Entity's website.
day of the fixation in the list, so that the interested parties, from a computer with access to
internet can print the ruling or, if they prefer, they will be given a copy
*
complete and free on paper, at the Entity's headquarters.
e) The other acts will be validly communicated:
- By depositing in the box assigned for this purpose to the applicant or his / her attorney-in-fact,
as established in section 5.4 of this title; or
- To those who lack this facility, by fixing it on the list. *
f) Notices, communications, requirements, citations or information will be understood
assorted on the date of their posting on the list or on the day of their deposit in the locker
assigned. *
g) The fixation on the list will be made in a place visible to the public for one day with the data
corresponding to the file number, administrative act number, identification of
the intervening parties in the process and their attorneys-in-fact, if any, and the fixing date. *
5.3 Communications regarding non-domiciliary telecommunications services
All actions in which communications service operators take part do not
domiciliary, will be communicated through the locker system assigned by the Superintendency
of Industry and Commerce to each operator, as established in paragraph 5.4 of this title,
except in the case of actions that by legal provision must be communicated through
a different mechanism .
5.4 Regulation of the locker service
a) Locker request: The locker will be assigned prior written request of the interested party and will begin
to operate on the date established by the Superintendency once it has been awarded by it.
b) In accordance with the foregoing, in the event of depositing a document in the locker that
contains a decision that must be communicated or notified differently, said deposit
It will be purely informative and its advertising will be carried out in the legal manner.
established.
Likewise, the box will be used to send the Legal Bulletin of the Superintendency,
prior written request of the interested party.
c) Withdrawal of documents: The withdrawal of documents from the locker must be carried out directly by
the attorney-in-fact or by a person duly authorized by him, who must identify himself and
*

Resolution No. 19959 of July 22, 2003. Published in the Official Gazette No. 45,259 of July 25, 2003.
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list in the forms assigned by the Superintendency for this purpose, the documents that
remove.
The forms will be filled out only for certifications and degrees. The other documents
They will be listed in systematized forms, which will be signed by the official
authorized, who will return them for the Entity's file. The forms will be filled out
only in original.
c) Hours: The document pick-up hours will be from Monday to Friday from 8:30 a.m. to 5:00 p.m.,
continuous working day.
Once the documents are filed, they will be deposited in the box corresponding to the
8:00 a.m.
d) Terms: The terms will begin to count, from the day after the
Deposit.
e) Obligations of the locker holder: The locker holder assumes the obligation to collect
their correspondence daily. The responsibility for not withdrawing the deposited documentation
in the locker will be exclusive to its owner.
5.5 Advertising
When, in the opinion of the Superintendency of Industry and Commerce, the decisions affect the
direct and immediate to third parties who have not intervened in the action, will order to publish the part
decisive, for once, in the Official Gazette or in a newspaper with wide national circulation.
5.6 Execution
The administrative acts of the Superintendency of Industry and Commerce are executed in
the events provided for in article 62 of the contentious administrative code.
Being effective as of its execution, the administrative acts of the Superintendency of
Industry and Commerce are immediately applicable and, in any case, mandatory compliance by
part of the people or entities that it links.
The pecuniary sanctions in favor of this Superintendency must be canceled within the term
indicated for the purpose and, if no term has been provided for such purpose, the same day in
that the corresponding sanctioning act is executed in the terms provided by the code
administrative litigation. If after the specified period has elapsed, the obligated individual has not proceeded to
the cancellation of the total amount of the fine, the Superintendency may initiate its collection

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coercive, in accordance with the provisions of articles 68 of the contentious administrative code and 561
568 of the code of civil procedure.
The person who has the possibility of going to the contentious-administrative jurisdiction in
action for nullity and restoration of the right to obtain the nullity of the sanctioning act and / or the
compensation for damages, does not reduce the effectiveness or obligation of said act.
5.7 Regulation of the Online Notification Service through the Internet

*

5.7.1 Requirements to access the online notification service through the Internet.
Any interested party who expressly expresses their willingness to be notified online through
Internet, you must have a primary email address and preferably another
secondary, enabled for it, which will be the only ones for all possible notifications to
practice by the Superintendency of Industry and Commerce.
The mailbox must meet at least the requirements established in the User's Manual.
User, available on the Entity's website.
5.7.2 Request to access the online notification service through the Internet.
The interested party must request in writing the online notification service through the Internet,
attaching, duly signed, the document containing the "Terms and conditions of use of
electronic means for online notifications through the Internet of the acts issued by the
Delegation for Industrial Property of the Superintendency of Industry and Commerce ”, which is
will be available on the Entity's website, indicating the availability of the
electronic mail addresses described in the previous numeral.
5.7.3 Username and password assignment for online notification via
from Internet.
Once the user accepts the "Terms and conditions of use of electronic media for the
Online notifications through the Internet of the acts issued by the Delegation for the
Industrial Property of the Superintendency of Industry and Commerce ”, an email is sent
informative electronic mail, in which you are assigned a username and two passwords whose use
It will be exclusive to the user and their exclusive responsibility.
5.7.4 To notify online through the Internet, proceed as follows
way:

*

External Circular 005 of July 31, 2008. Published in Official Gazette No. 47,068 of August 1, 2008.
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Once an administrative act has been issued, of which can be notified by this system, it will be sent to the
persons who must be notified of the corresponding notice of summons for personal service
in accordance with the provisions of article 44 of the Contentious Administrative Code, which
It will also prevent that if the user prefers and has accepted the "Terms and conditions of use
of electronic means for online notifications through the Internet of the acts uttered
by the Delegation for Industrial Property of the Superintendency of Industry and Commerce "
referred to in numeral 5.7.2 of this instruction and has your username and password assigned,
It may be notified online through the Internet, within the same term that it would have for the
personal notification.
To access the online notification system through the Internet, the user must enter the
website enabled for this and enter your username and password, which will allow you to decide
if you accept the notification by this means. After this procedure, the user will have access to the text
of the administrative act.
The notification will be understood as supplied from the moment the user confirms his decision to
be notified online via the internet. The terms of execution will begin to be counted from the
business day following the date of the notification.
In the case of an administrative act granting an industrial property right that
allow waiver of terms, these may be waived through the option enabled for this
effect, with which the printing of the respective certificate will be available, if applicable.
5.7.5 Schedules
The online notification service through the Internet will be enabled twenty-four (24) hours,
seven (7) days a week. For notification purposes, the legal time of Colombia will be used.
and the date change time will be at 0:00 hours.
5.7.6 Text of the administrative act
The online notification system through the Internet is enabled so that once the notification of the
act, the visualization of the same is allowed, with the option of saving or printing it. The notified act
online on the Internet is valid for a single copy. However, if the user requests it at the
moment of notification, it may be made available to the same, at the General Secretariat of the
Entity, an authentic copy of the administrative act once notified.
CHAPTER SIX RULES APPLICABLE TO CERTAIN ACTIONS OF THE
SUPERINTENDENCE OF INDUSTRY AND COMMERCE

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6

6.1 Inspection visits
The activities carried out by this Superintendency by conducting inspection visits,
Their purpose is to request information to verify compliance with the
legal provisions whose control is his responsibility. In this sense and in order to facilitate the appropriate
exercise of the power conferred on this entity by number 11 of article 2 of decree 2153 of
1992, the following instructions are established:
a) As a means of identification to develop the inspection and control functions, the
officials have cards. Consequently, to initiate any visit or diligence
official required by the Superintendency within the framework of its legal attributions, the
commissioned official must necessarily identify himself with the corresponding card and with
an official letter signed by the Superintendent of Industry and Commerce or the Superintendents
Delegates
b) The documents and information required by the officials commissioned by this
Superintendency, will be required in writing to the legal representative of the entity or to the reviewer
fiscal. Such request will be signed by an official of the Superintendency of Industry and
Commerce and in the same the term to meet the corresponding requirement will be indicated.
However, there are cases in which the required information is derived from what is found in the
same visit and the information must be delivered at that time.
c) The information and documentation provided to the officials must be accompanied by the
list of the documents attached and be signed by the legal representative of the
entity or by the person designated for that purpose.
d) The information and documentation provided to the commissioned officials by virtue of the
requirements that they formulate, will commit the company or entity that supplies it and
personally to the statutory auditor of the entity when it is such control body that contributes it; I know
They will be understood as authentic and, for the legal effects of the case, will have the probative character
sufficient for the adoption of administrative decisions that are pertinent.
Notwithstanding the foregoing, you may request the extension of the information provided or new
additional documentation to that previously required, in accordance with the provisions of
the present numeral.

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6.2 Actions that include acts of seizure in property procedures
*
industrial
Actions before the Superintendency of Industry and Commerce in property procedures
industrial may be advanced directly by the interested party -in the case of natural persons-,
by legal representatives -in the case of legal persons- or by proxy.
When the same person is the legal representative or attorney-in-fact of several companies or
companies, must clearly indicate the name of who is acting.
When an action is promoted through an attorney-in-fact, he must be a lawyer
duly registered in Colombia, in accordance with the provisions of Article 35 of Decree 196 of
1971, and in the respective powers, it must be stated under the gravity of the oath that no
found within the grounds of incompatibility enshrined in the law, especially those
contained in Decree 2400 of 1968 and Laws 489 of 1998, 734 of 2002 and 1123 of 2007.
The use of a special power of attorney may be used, clearly determining the matter whose procedure is
intends, having to present the power of attorney personally in the General Secretariat of this
Superintendency or in the manner provided in the first paragraph of article 84 of the Code of
Civil Procedure.
You can also resort to the use of special power of attorney for various matters or general power of attorney, granted
by public deed in accordance with the provisions of article 65 of the Code of
Civil Procedure.
If the power of attorney is granted abroad, the provisions of the last paragraph of article 65 will apply.
of the Code of Civil Procedure, and must be legalized or in the manner established by the
Article 259 of the Code of Civil Procedure or with the “Apostille”, in accordance with the Convention of
the Hague of 1961 signed by Colombia.
When an attorney-in-fact intends to carry out several procedures on behalf of the same principal,
may present original or authentic copy of the public deed containing the general power of attorney or
for various matters, in the Entity's Documentation and Information Center, for your
corresponding filing in the file that this agency will carry for this purpose.
will allow the presentation of a new copy of the power of attorney to be dispensed with each time it is initiated
a process on behalf of the same principal.
The filing of powers for the file of general powers and special powers
for various industrial property matters, it will enable the consultation of the power of attorney document
*

External Circular 00007 of September 10, 2008. Published in Official Gazette No. 47,110 of September 12,
2008.
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in digital medium, discriminating the principal, the attorney-in-fact, the date of granting and termination,
if there is one, and the powers conferred by it, as well as its limitations.
The principal or attorney-in-fact benefited from the file must inform the Entity of the cases of
resignation, revocation or any modification of the general power of attorney filed with the Superintendency.
Any eventuality that arises in relation to the powers that be not contemplated in the
This paragraph will be resolved in accordance with the provisions of the Code of Civil Procedure.
6.3 Accumulation of documents and procedures
In accordance with the provisions of the first paragraph of article 29 of the contentious-administrative code,
when there are documents related to the same action or actions that have the
same effect, a single file will be made with all of them to which they will be accumulated, ex officio or at the request of
interested party, any others that are processed before the same entity and that have an intimate relationship
with him to avoid conflicting decisions.
Likewise, two (2) or more administrative actions may be accumulated under the same procedure.
advanced against the same natural or legal person, provided that they come from the same
cause, concern the same object or related issues, or must use the same
tests.
If several requests are made on the same, similar or related matters, before different
dependencies of the Superintendency, these will be accumulated in a single procedure in the dependency
that corresponds, according to the nature of the request.
Once the accumulation is arranged by the competent agency, the actions will continue to be processed
jointly and will be decided in the same ruling.
6.4 Request for extensions
When it comes to requesting extensions to answer the demands made by this entity, it is
It is necessary to take into account the following:
a) Written submission of the application is required prior to the expiration of the term
initially set to answer the letter.
b) It is necessary to fully substantiate the facts or reasons that justify it, stating them
correctly and objectively.
c) The requested time must be indicated, which in no case may be greater than thirty (30)
days.
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d) In the case of extensions of the procedural terms referred to in articles 39, 42,
43, 45, 120, 122, 123,146 and 148 of Andean decision 486 of 2000, the petitioner must
previously consign the sum established annually by resolution of the
Superintendency of Industry and Commerce for said concept.
6.5 Lost receipts
In case of loss of payment receipts that must act within the files that rest
Before the Superintendency of Industry and Commerce, the following rules will apply:
a) Once the loss of the payment receipt has been established in the file, the division that confirms it will inform
this fact to the agency in charge of carrying out the investigation and will request the Office of
Systems to verify whether the delivery of the payment receipt is registered.
i. If the payment receipt appears filed, the Systems Office will certify to the
division that verified the loss, the receipt filing date, the filing number
assigned and, if possible, the identity of the person who entered the information. A copy
of said certification must be attached to the file and another, sent to the Control Office
Internal.
ii. If the payment receipt is not filed, it will be understood that the payment has not been made and
It will be done in correspondence. However, if the applicant sent a copy of the receipt of
payment and / or the corresponding reference memorandum, will be sent to the Financial Division for
to certify whether the receipt was issued by the Superintendency of Industry and Commerce.
b) Once the above circumstances have been established, the Financial Division must refer to the division that
a certification to this effect was found to have been lost, with a copy to the agency in charge of the
investigation of the Superintendency of Industry and Commerce.
c) In any of the hypotheses mentioned in literal a), the agency in charge of

advance the investigation will file a criminal complaint and initiate the administrative procedures that
proceed for missing receipts that are informed.
It is also the responsibility of said agency to carry out administrative investigations
for lost receipts. For this purpose, you must also take into account the
information sent by the Systems Office.
d) The division that found the loss will continue with the process presuming the existence of the payment
of those receipts to which some of the aforementioned certifications have been issued
in literal a) of this numeral. Timeliness of payment will be verified with a copy of the
receipts and / or memorials with system information as appropriate. Copy of the complaint
criminal must be included in the record.
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6.6 Reconstruction of files
*

6.7 Persuasive and coercive collection

The following is the normative and procedural framework to make the recovery of the
Tax credits in favor of the Nation, originated in administrative acts that give merit
executive issued by the Superintendency of Industry and Commerce, through persuasive collection and / or
coercive.
6.7.1 Regulatory framework
The provisions applicable in this area are: Law 6 1992 Article 112 Implementing Decree
2174 of 1992 article 1, Law 1066 of 2006, Regulatory Decree 4473 of 2006, Code of
Civil Procedure Chapter IV, Title XXVII, section second book third, Contentious Code
Administrative Titles IV, V and XIX, Resolution 3517 of 2007 of the Superintendency of Industry and
Commerce.
of

6.7.2 Procedure
Under the provisions of Article 112 of Law 6 1992, the public entities of the
national order have legal powers to enforce the credits required in their favor. On
development of said regulations, Decree 2174 of 1992 prescribes that law enforcement entities
national can organize internal working groups for the collection by coercive jurisdiction of the
credits in your favor.
of

Through Resolution 22349 of August 8, 2003, the Superintendent of Industry and Commerce
created and organized the Coercive Collection Work Group in the Legal Office, whose occupation is
make effective the recovery of the credits payable in favor of the Nation, originated in acts
administrative authorities that provide executive merit by coercive jurisdiction issued by the
Superintendency of Industry and Commerce, establishing two stages for collection management:
persuasive collection and coercive collection.
6.7.2.1 Persuasive collection
During this stage, the debtor is invited to cancel their obligations for tax credits,
before starting any administrative action.

*

External Circular No. 0012 of November 30, 2007. Published in the Official Gazette No. 46,833 of December 5, 2007.
(Modify all of the numeral 6.7)
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Initially, a "Single Collection Notice" will be sent to the sanctioned person by certified mail, by means of
from which the payment of the credit that is owed is requested.
Likewise, the sanctioned person will be charged by telephone, through the call center, when there is room to
this, leaving a record of the management carried out in the file.
Once the foregoing has been exhausted, without a favorable response from the debtor, the coercive stage will begin.
6.7.2.2 Coercive collection
Once the persuasive stage has been exhausted without obtaining positive results, the credit will be charged
prosecutor by coercive jurisdiction, following the procedure indicated for the effect in the Statute
Tax, Title VIII and the regulations that said Statute refers.
This procedure involves all actions aimed at the forced collection of
obligations contained in administrative acts that provide executive merit, in accordance with
provided in article 68 of the Contentious Administrative Code and other applicable provisions.
The stages of this procedure are as follows:
1st Payment Order: once the payment of the fine has not been accredited, the head of the Group of
Coercive Collection will proceed to issue an order by executive means of coercive jurisdiction in charge of the
sanctioned, for the value of the obligation contained in the resolution that provides executive merit plus
interest of one percent (1%) per month from when the obligation became enforceable until
make the full payment of the obligation (Article 9 Law 68 of 1923).
2nd Summons for notification of the payment order: for the personal notification of the
payment order, the sanctioned person will be summoned by means of a communication sent by mail
certificate to appear within a term of ten (10) days from the delivery of the letter
(Article 826 of the Tax Statute). The summons will notify the debtor that he has fifteen (15)
days to prove the payment of the fine together with your interests (Article 830 of the Tax Statute) or
present exceptions (article 831 of the Tax Statute) and that, if the
summons, you will be notified by certified mail (article 826 of the Tax Statute).
3 ° Personal notification of the payment order: When the sanctioned person appears for purposes
of the personal notification, this will be made in the Legal Advisory Office - Collection Group
Coercive by the ad hoc secretary , indicating the date on which it is practiced, the name of the notified, his / her
identification, address and telephone, the file number, the number of the resolution that imposed
the penalty and the value of the interest. This act must be signed by the notified person and by the secretary
ad hoc and will be attached to the file.
In the personal notification procedure, the sanctioned person will be given a copy of the resolution
whereby a payment order is issued against him.
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If the aforementioned does not appear at the office of the executing official to receive the personal notification
within ten (10) days following the delivery of the letter, it will be notified by certified mail
attaching a copy of the payment order issued against you (Article 826 and 569 of the Statute
Tax).
4 ° Precautionary measures: Prior or simultaneously with the payment order, it may be decreed, if
were appropriate, the seizures of the goods on which the Superintendency of Industry and
Commerce has established ownership of the executed (Article 837 of the Tax Statute) until the
limit established in the Law (articles 837-1 and 838 of the Tax Statute).
In the case of the seizure of sums of money deposited in banking establishments and
similar, will be communicated to the corresponding entity, as provided in the second paragraph of the
Article 839-1 of the Tax Statute, indicating the maximum amount of the measure (Article
838 of the Tax Statute), which may not exceed twice the value of the debt plus the
interests. The sums withheld by the banks must be consigned in the deposit account
judicial proceedings of the Banco Agrario de Colombia, within three (3) days following receipt of the
communication, under the orders of the Superintendency of Industry and Commerce, coercive jurisdiction, of the
which will not be available except by virtue of an order that terminates the process and
communicated to the depositary through official letter. (Article 839-2 of the Tax Statute) ”.
5 ° Judicial deposits: For the purposes of the corresponding procedures regarding deposits
judicial (endorsement), the payer of the entity and the head of the Coercive Collection Group must register
the signatures in the Agrarian Bank prior authorization of the Superintendent.
As a consequence of the seizure of the current accounts of those sanctioned, the Banco Agrario de
Colombia sends to the Superintendency of Industry and Commerce the judicial deposits that have
been consigned by other banks in favor of this.
The Financial Division will make a list of the deposits sent by the Banco Agrario de
Colombia which will remit to the Coercive Collection Group. A copy of these will be left to be attached to the
corresponding file. In said Division, the deposits will be verified one by one, signing the
copy of the relationship and proceeding to keep them in custody.
In the event that a file is filed for payment and there are judicial deposits
embargoed that are not applied to the debt, the titles will be endorsed by the payer and the boss
of the Coercive Collection Group to be returned to the sanctioned.
6 ° Exceptions: Once the payment order has been notified, the executed person may propose exceptions of
merits (Article 831 of the Tax Statute). The head of the Coercive Collection Group will resolve the
exceptions proposed within the month following their filing.

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7th Payment: Payment of the fine may occur both in the persuasive stage and in the coercive stage.
Made the payment in accordance with the instructions contained in the resolution being executed, the chief
of the Coercive Collection Group will issue a "file communication" or "Termination Resolution",
as the case may be, and simultaneously send communication to the sanctioned informing him about the
filing the file for payment of the obligation; It will also provide for the cancellation of the
embargoes decreed if pertinent (article 833 Tax Statute). It will proceed in the same way
form when the proposed exceptions are declared proven, is revoked or declared null, of
be the case, the administrative act that originated the coercive process.
For the purposes of certifying the payment of an obligation, the executed party must submit a carbon copy
of the deposit made in the Banco Popular at the Entity Paying Office window,
where four (4) internal payment receipts will be issued to replace the aforementioned
consignment and which will be distributed as follows: For the sanctioned, for the Financial Division,
for the Delegation that imposed the sanction and for the Coercive Collection Group.
The Coercive Collection Group will send the coercive collection files that have been filed to the
Documentary Center for its definitive file, which will be attached to the original file,
in accordance with the provisions of the archiving regulations.
8th Payment Agreements. At any stage of the coercive administrative procedure, the debtor may
enter into a payment agreement with the administration in which case the procedure will be suspended and
the preventive measures that have been decreed may be lifted. (Resolution 3517 of
2007 of the Superintendency of Industry and Commerce, chapter V).
8.1. General conditions
8.1.1 Suspension. The presentation by the debtor of the payment agreement request will not suspend
the terms of execution of the obligations previously acquired by it.
8.1.2 Inadmissibility. It will not be possible to request a payment agreement when the debtor has
In breach, without just cause, a previous payment agreement approved by the Superintendency of
Industry and Commerce or is reported in the State's Delinquent Debtors Bulletin.
8.1.3. Initial value. As a condition for the approval of a payment agreement, it is required that
provide a down payment of at least thirty percent (30%) of the total principal of the debt plus
the interests that have been caused up to the date of execution of the resolution that approves the
agreement.
8.1.4 Reception. Requests for payment agreements must be filed at the offices of the
Superintendency of Industry and Commerce or sent through any postal service (mail or
specialized courier). However, the term to approve the application will only start to run
from its establishment.
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8.1.5 Information. Any serious inconsistency in the information provided in the request for
payment agreement, which is detected after its approval, will give rise to the
declaration of expired term of the entire obligation, without prejudice to the other actions
legal procedures.
8.1.6 Elaboration. The study and approval of the payment agreement will be the responsibility of the
Coercive collection, prior receipt of the certification of the account statement issued by the area
financial and signed by the Accountant of the Superintendency.
8.1.7 Approval of the Payment Agreement. The payment agreement will be approved by resolution
issued by the Head of the Coercive Collection Group.
8.1.8. Perfecting the agreement. Executed the resolution that approves the request for agreement
payment submitted, said agreement shall be understood to have been perfected.
8.1.9. Communication. The basic information of the payment agreement will be entered into the system of acts
administrative for its association to the resolution or resolutions by which the
payment agreement.
8.1.10. Deadline. The maximum term that is granted for the payment of the obligation object of the
payment agreement, may not exceed sixty (60) months, counted from the execution of
the resolution that approves it, for which the executing official will take into account the solvency
economic of those executed.
8.1.10.1 Fees and Interests. The value of each installment will be equal to the total value of the capital on the date of
approval of the agreement divided by the number of installments provided for therein. About the balance
unpaid capital, will be charged, during the term granted in the approved resolution, an interest of the
twelve percent (12%) annually; Said interest must be paid on the date of payment of each installment,
In accordance with the provisions of Article 9 of Law 68 of 1923.
8.1.11. For the purposes of control of compliance with the agreement, the debtor will credit his payment
by presenting a copy of the respective consignment at the collection window of the
Superintendency of Industry and Commerce.
8.1.12. The collection window official will associate the payment made to the fee
corresponding provided in the resolution that approves the agreement. For this purpose, the Advisory Office
Systems will implement improvements to the system of administrative acts that allow feeding and
check the history of each payment agreement.
8.2. Requirements.

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8.2.1. Submit the request for a payment agreement addressed to the Head of the Coercive Collection Group,
signed by the natural person debtor or by the legal representative in the case of legal persons.
8.2.2. Accompany duly completed the payment plan format, established by the
Superintendence.
8.2.3. In the case of legal persons, present a certificate of existence and legal representation
issued by the respective Chamber of Commerce or the legally competent authority, with
no more than one month in advance of the application submission date. If the debtor is a
public law entity, must include a copy of the act of appointment and the act of
possession of their legal representative, if applicable.
8.2.4. Attach a copy of the income statement for the immediately previous or last taxable year
filed when the deadlines for submitting said declaration have not yet expired.
8.2.5. When the amount of the obligation that is the subject of the application exceeds the statutory powers or
regulations of the legal representative of the debtor legal entity, must also accompany
copy of the minutes of the board of directors or competent social body in which the authorization to
request the payment agreement.
8.3. Terms and guarantees.
In events in which precautionary measures have not been issued within the coercive process or
when these are insufficient to cover the entire debt, the request for the agreement of
Payment must be made under the following criteria related to the term for payment and types of
warranty.
8.3.1. Normal term of the agreement depending on the amount.
The deadline for compliance with the approved payment agreement will be directly related to the
value of the overdue obligation, under the following table of parameters:
TABLE 1
From - To (in UVT - Tax Value Unit)

Deadline

Up to 120

6 months

Greater than 120 up to 500

12 months

Greater than 500 to 3000

24 months

Greater than 3000

36 months

8.3.2. Graduation of the term depending on the ability to pay
The terms provided in table 1 will be maintained, when the qualification of payment capacity that
It is illustrated in the following table, the result is "natural range"; otherwise, it will be taken
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as an approvable term the previous or next rank, according to the qualification thrown in the present
table.
Number of times that the obligation in arrears represents with respect to
to the debtor's working capital

Location in table 1

0-49

Next rank

50-100

Natural range

More than 100

Previous rank

When as a result of the application of the criterion of ability to pay provided for in the present
table, a shift to the "next rank" is indicated and the period initially indicated in table 1
corresponds to thirty-six (36) months, will be approved as a term up to sixty (60) months.
Likewise, when as a result of the graduation of the term by application of this table,
indicate a shift to "previous range" and the term indicated in table 1 corresponds to six (6)
months, the Superintendency will deny the request for a payment agreement.
For the purposes of estimating working capital, it will be taken from the income statement
presented, as current assets, the total gross equity discounted the value of fixed assets
and, as current liabilities, the value of the declared liabilities.
In case of non-accompaniment with the request for the payment agreement of the copy of the declaration
of income of the last declared taxable year, the term approval study will be carried out
only with the first table, that is, without the graduation of the term indicated in this numeral.
8.3.3. Guarantees depending on the amount
From - To (in UVT - Tax Value Unit) Class of guarantees admitted
Up to 120

Personal / real / bank / insurance

Greater than 120 up to 500

Personal / real / bank / insurance

Greater than 500 to 3000

Personal / real / bank / insurance

Greater than 3000

Real / bank / insurance

When the term contained in the approved agreement is less than one (1) year and has been carried out in
due form complaint of assets before the Coercive Collection Group, it will not be necessary to
offering guarantees.
When the constitution of the offered guarantee causes any disbursement, the costs of the same will be
debtor's charge.
8.4. Breach of payment agreement
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Failure to comply with the payment agreement will generate the following consequences:
a) The Superintendency of Industry and Commerce will apply the acceleration clause (immediate payment of
the entire obligation) that governs the payment agreement.
b) The guarantees established will be made effective. In the event that it has not been constituted
guarantee, precautionary measures will be decreed on the denounced goods.
c) The Coercive Collection Group must monitor compliance with the approved payment agreements
within the coercive collection processes that are carried out and report the non-compliance to the area
financial for the purposes of inclusion in the Bulletin of Delinquent Debtors of the State.
6.8. Record of Hearings

*

6.8.1. Record of hearings. The Superintendency of Industry and Commerce has teams
of recording that allow to faithfully reproduce the development of the audiences that must
celebrated on the occasion of the exercise of both administrative and jurisdictional functions.
For this, “CD-R” discs are used, which after being recorded for a single time, only allow their
later reading.
6.8.2. Minutes of hearings. Of the hearings held at the Superintendency of Industry
and Commerce, an act must be drawn up that must be signed by those who intervened in them, the
same day of your practice.
The disc or CD containing the recording of the corresponding hearing will be an integral part of the
content of the act referred to in this paragraph.
The minutes, together with the discs or CD's, constitute the support or document that contains the memory of
the performance advanced in the hearings.
6.8.3. Content of the minutes. In the minutes referred to in the previous paragraph, a record will be made
of the following:
• The

reference of the process or the filing number that corresponds to the action and that
identify in each case.
• The agency that conducts the hearing.
• The full name of all the participants and the capacity in which they act.
• The date of the hearing, the exact start and end time.
• The documents that are provided during the performance or to which allusion is made.
• Suspension of the hearing or diligence if applicable.
*

External Circular 00008 of October 03, 2008. Published in the Official Gazette 47.131 of October 03, 2008
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• The

number of items, discs, CD's or equivalents that have been used, in which
record the recording.

6.8.4. Rules for recordings of hearings. The hearing officer
proceed as follows:
6.8.4.1. It will start indicating the date, time, class of diligence, object, reference number of the
process or filing of the action to which it refers and will be identified with its name
complete, manifesting the quality in which it acts.
6.8.4.2. Next, the official will make a presentation of the recording system, making
all warnings related to the technical conditions necessary for a
proper use of the equipment, such as:
• Description of objects or people for which a verbal explanation is required.
• Movement of the person speaking, so that they do not move away from the microphone.
• Habits or customs that prevent proper registration, such as keeping your hands in front
of the mouth while speaking or noises produced by the movement of files,
documents or books in front of the microphone.
6.8.4.3. Exhausted the above, he will give the floor to each of the intervening parties, who
They must also identify themselves and indicate the quality in which they act.
6.8.4.4. The official in charge of the hearing will pronounce with precision during the recording, the
decisions to be made if applicable.
6.8.4.5. The hearing or diligence will end, indicating the time of completion.
6.8.5. Security and backup copies. After the hearing or performance
corresponding, the official in charge of it must make a copy of the CD or disk that
contains the respective recording, a medium that must be kept in an alternate site that
Entity will indicate for the effect, which may not be the same in which the file rests.

CHAPTER SEVEN CONCILIATION COMMITTEE
7

7.1 Integration
Form the Conciliation Committee of the Superintendency of Industry and Commerce, which will be
composed of the following officials who will have voice and vote and will be its members
permanent:
- The Superintendent of Industry and Commerce or the Delegate Superintendent for Protection
of the Consumer, who will act as their delegate;
- The Delegate Superintendent for Industrial Property;
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- The Deputy Superintendent for the Promotion of Competition
- The secretary general; Y
- The Head of the Legal Advisory Office
7.2 Functions
The Conciliation Committee of the Superintendency of Industry and Commerce will have the following
functions:
a) Formulate and execute unlawful damage prevention policies.
b) Design the general policies that will guide the defense of the Entity's interests.
c) Study and evaluate the processes that are or have been pursued against the Entity, in order to
determine the causes of conflict, the rate of convictions, the types of damage
for which he is sued or convicted and the deficiencies in the procedural actions
by the attorneys-in-fact, in order to propose corrective measures.
d) Establish institutional guidelines for the application of direct settlement mechanisms, such as
such as the transaction and the reconciliation.
e) Determine the origin or inadmissibility of the conciliation and indicate the institutional position
that sets the parameters within which the legal representative or attorney-in-fact will act in the
conciliation hearings.
f) Evaluate the processes that have been failed against the Entity in order to determine the
provenance of the replay action.
g) Define, if applicable, the criteria for the selection of external lawyers that guarantee their
suitability for the defense of public interests and follow-up on the processes
entrusted to them.
h) Designate the official who will exercise the Technical Secretariat of the Committee, preferably a
legal professional.
i) Issue its own regulations.
In addition to the aforementioned functions, the Conciliation Committee of the Superintendency of
Industry and Commerce will comply with the obligations established in Decree 1214 of 2000.
7.3 Sessions and voting

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The Conciliation Committee of the Superintendency of Industry and Commerce will meet in the form
ordinary every three (3) months and when called by the Superintendent of Industry and Commerce; the
Committee will meet with a minimum of three (3) of its permanent members and decisions will be
they will adopt by simple majority.
The Committee will invite to its sessions the Directorate of Judicial Defense of the Nation of the Ministry of
Justice and Law, who may attend with the right to speak.
7.4 Technical secretariat
The Technical Secretariat of the Conciliation Committee will be exercised by the Head of the Advisory Office
Legal entity of the Entity and will have the following functions:
a) Prepare the minutes of each session of the Committee.
b) Verify compliance with the decisions adopted by the Committee.
c) Prepare a report on the Committee's management and the execution of its decisions, which will be
delivered to the legal representative of the entity and to the members of the Committee every six (6) months. A
A copy of the same will be sent to the Directorate of Judicial Defense of the Nation of the Ministry of
Justice and Law.
d) To project and submit for the Committee's consideration the information that it requires for the
formulation and design of policies for the prevention of unlawful damage and for the defense of
interests of the Entity.
e) Others that are assigned by the Committee.
CHAPTER EIGHT ADMINISTRATIVE AND JURISDICTIONAL ACTIONS IN
CONSUMER PROTECTION MATTER *
8

8.1 Administrative Actions
8.1.1 Issuance of general administrative acts **.
The Superintendent of Industry and Commerce shall exercise the administrative functions of imparting
instructions by issuing administrative acts of a general nature, provided for in the
Article 2, paragraph 21 of Decree 2153 of 1992, and those that correspond in a special way to the

* Resolution No. 334 of January 15, 2003. Published in the Official Gazette No. 45,067 of January 18, 2003.
** Resolution No. 16451 of June 20, 2003. Published in the Official Gazette No. 45.231 of June 27, 2003.
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Delegate Superintendent for Consumer Protection, enshrined in article 17
numerals 3 and 8 of the same decree.

8.1.2 Actions that involve jurisdictional decisions and determine responsibility
administrative. **
The Deputy Superintendent for Consumer Protection will decide simultaneously in each
particular case, the investigations carried out on the occasion of the exercise of the functions
jurisdictional provisions in Article 145 of Law 446 of 1998 and administrative functions
that on the same issues are provided for in Decrees 3466 of 1982 and 2153 of
1992.
In cases where the Deputy Superintendent for Consumer Protection has decided
previously a performance in exercise of the administrative functions provided for in this paragraph,
It will correspond to the Superintendent of Industry and Commerce to adopt the jurisdictional decision to which
there is room.
8.1.3 Determination of administrative responsibility
In actions aimed at establishing administrative responsibility and that do not involve the
adoption of jurisdictional decisions, the Delegate Superintendent for the Protection of
Consumer will adopt the corresponding administrative decision.
8.1.4 Accreditation and metrology
The administrative functions of the Consumer Protection Office in relation to the
accreditation and supervision of the national certification system and those that it performs as
National Metrology Agency provided for in articles 2, numerals 13, 16 and 17, numerals
4,5, 6 and 7 of Decree 2153 of 1992, and other concordant regulations, will continue to be exercised
by the Deputy Superintendent for Consumer Protection.
8.1.5 Appeals against the acts of non-service operators
telecommunications homes
The decision of the appeals against the acts issued by the service operators
non-residential telecommunications, will be adopted by the Delegate Superintendent for the
Consumer protection.

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8.2 Jurisdictional actions
Decisions regarding investigations carried out in the field of consumer protection
in exercise of the jurisdictional functions provided for in article 145 of Law 446 of 1998,
They will be adopted by the Deputy Superintendent for Consumer Protection.
In relation to the exercise by this Superintendency of the powers in matters of
unfair competition, attributed in Law 446 of 1998, the honorable Constitutional Court, through
Sentence 649 of 2001 stated: "... the constitutionality of the norms will have to be conditioned
studied in the following sense: the same official or office of the
Superintendency of Industry and Commerce, exercise jurisdictional functions regarding cases of
unfair competition, in which it had already ruled previously, on the occasion of the
exercise of its administrative functions of inspection, surveillance and control in the matter. Such
functions must be carried out by different officials, between whom there is no relationship
any hierarchical or functional subjection in regard to the matter that is submitted to its
knowledge".
Therefore, it corresponds to the Consumer Protection Division, the administrative functions
in matters of unfair competition, which are listed below:
1. Initiate ex officio or at the request of a third party, in development of administrative powers,
Preliminary inquiries on infringements of the provisions on unfair competition.
2. Resolve, in development of administrative powers, on the admissibility of complaints
about unfair competition.
3. In development of the administrative powers, process the preliminary inquiry, open and instruct
the investigation aimed at establishing the infringement of the provisions on unfair competition.
4. Decree and practice, in development of the administrative powers, tests in the matters of
unfair competition ahead.
5. Prepare and present, in development of the administrative powers, the reasoned report of the
cases of unfair competition.
6. Prepare, in development of administrative powers, draft resolutions through the
which penalties are imposed for violation of the rules on unfair competition.
7. Prepare, in development of the administrative powers, projects of response to the offer of
guarantees within investigations for unfair competition.
Article 2. Reassign the functions of the Deputy Superintendent for Consumer Protection
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administrative procedures in matters of unfair competition that are indicated below:
1. Monitor, in development of administrative powers, compliance with the provisions on
unfair competition.
2. In the development of administrative powers, order, as a precautionary measure, the suspension
immediate conduct that may be contrary to the provisions of unfair competition.
3. In the development of administrative powers, decide on the termination of investigations by
alleged violations of the provisions on unfair competition, when in his opinion the alleged
the infringer provides sufficient guarantees that he will suspend or modify the conduct for which he is
investigates.
4. In developing administrative powers, order offenders to modify or
termination of conduct that is contrary to the provisions of unfair competition.
5. In the development of administrative powers, impose financial penalties until the
equivalent to two thousand (2,000) legal monthly minimum wages at the time of the imposition of
the sanction, for the violation of the rules on unfair competition.
6. In the development of administrative powers, impose on administrators, directors,
legal representatives, tax auditors and other natural persons who authorize, execute or
tolerate conduct that violates the rules on unfair competition, fines of up to three hundred
(300) monthly legal minimum wages in force at the time of the imposition of the sanction.
7. In development of the administrative powers, decide the resources and revocation requests
direct filed against the acts issued on unfair competition.
8. Convene the Advisory Council referred to in article 24 of Decree 2153 of 1992 for the
matters indicated in numerals 4 and 5 of this article.

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P.
1.1
1.2
1.2.1
1.2.2
1.2.2.1
1.2.2.2
1.2.2.2.1
1.2.2.2.2
1.2.2.2.3
1.2.2.2.4
1.2.2.3
1.2.2.3.1
1.2.2.3.2
1.2.2.4
1.2.2.4.1
1.2.2.4.2
1.2.2.4.3
1.2.2.4.4
1.2.2.4.5
1.2.2.4.6
1.2.2.5
1.2.3
1.2.4
1.2.5
1.2.5.1
1.2.5.2
1.2.5.3
1.2.6
1.2.6.1
1.2.6.2
1.2.6.3
1.2.6.3.1
1.2.6.3.2

1.2.6.3.3
1.2.6.3.4

Quality and suitability conditions ............................................. ............................................. 1
Guarantees 1
Scope of warranty .............................................. .................................................. ............... 1
Automotive ................................................. .................................................. ............................ 1
Definitions................................................. .................................................. ............................. 1
Guarantee of quality, suitability and after-sales service .......................................... ........................ 3
Certificate of guarantee ............................................... .................................................. .............. 3
Warranty term * ............................................. .................................................. ............... 4
Scope of warranty .............................................. .................................................. ............... 5
After-sales service * ............................................. .................................................. ............ 5
Consumer protection mechanisms ............................................. .................................... 6
Institutional mechanism ................................................ .................................................. ........... 6
Contractual protection ................................................ .................................................. .............. 8
Monitoring and control mechanisms ............................................. ........................................ 10
Information submission ............................................... .................................................. ......... 10
Implementation ................................................. .................................................. ..................... 10
Initial information ................................................ .................................................. .................. eleven
Sporadic information ................................................ .................................................. .......... 12
Periodic information ................................................ .................................................. ............. 12
Information available ............................................... .................................................. ........ 13
Compliance Notice ............................................... .................................................. ............ 14
Batteries (lead acid type accumulators) .......................................... ................................ 14
PVC and CPCV pipe and fittings ........................................... .......................................... fifteen
Appliances that run on combustible gas ............................................ ............................ 17
Gas Appliances Information and Warnings *** ....................................... ................ 17
Repealed * 17
Repealed * 17
Minimum requirements of suitability and quality of the facilities for the supply of gas in
residential and commercial buildings .............................................. .................................. 17
Object 17
Field of Application ............................................... .................................................. .............. 18
Contents 18
Definitions, acronyms and referenced standards ............................................ ................................ 18
Requirements for the suitability of facilities for supplying gas in buildings
residential and commercial, to eliminate and prevent risks that threaten health and
safety. 19
Requirements for the prevention of practices that may be misleading ................................... 21
Specific verification requirements .............................................. ........................................ twenty-one

1.2.6.3.4.1 Verification of CO content in the environment 21
1.2.6.3.4.2 Verification by municipal authorities 22
1.2.6.4
1.2.6.4.1
1.2.6.4.2
1.2.6.4.3
1.2.6.4.4

Conformity assessment .............................................. .................................................. .. 22
Certification of conformity of new installations ............................................ ................ 22
Certification of conformity of existing installations ............................................ ............ 2. 3
Certification bodies ............................................... .................................................. .... 2. 3
Certification operating conditions ............................................. .................................. 25
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1.2.6.5
Registration in the register of manufacturers and importers .......................................... ................ 25
1.2.6.6
Special information and protection conditions ............................................ ................... 25
1.2.6.7
Surveillance and Control and Penalty Regime ............................................ ............................. 26
1.2.7
Computers ................................................. .................................................. ....................... 27
1.2.8
Appliances * and Gas Appliances ** ............................................ ..................................... 27
1.2.8.1
Definitions................................................. .................................................. ........................... 27
1.2.8.2
Guarantee of quality, suitability and after-sales service .......................................... ...................... 28
1.2.8.2.1
Certificate of guarantee ............................................... .................................................. ............ 28
1.2.8.2.2
Scope of warranty .............................................. .................................................. ............. 29
1.2.8.2.3
After-sales service .............................................. .................................................. ........... 29
1.2.8.3
Consumer protection mechanisms ............................................. .................................. 30
1.2.8.3.1
Institutional mechanism ................................................ .................................................. ......... 30
1.2.8.4
Monitoring and control mechanisms ............................................. ........................................ 31
1.2.8.4.1
Implementation ................................................. .................................................. ..................... 31
1.2.8.4.2
Information available ............................................... .................................................. ........ 32
2.1
Consumer information and commercial advertising * ........................................... ................. 33
2.1.1
Misleading information ................................................ .................................................. ............ 33
2.1.1.1
Elements 34
2.1.1.2
Criteria 34
2.1.2
Commercial advertising ................................................ .................................................. ........... 35
2.1.2.1
Commercial advertising with incentives .............................................. ........................................ 35
2.1.2.2
Commercial price advertisement .............................................. .............................................. 37
2.1.2.3
Commercial advertising with images .............................................. ........................................ 37
2.1.2.4
Commercial advertising of products harmful to health .......................................... ........... 38
2.1.2.5
Automotive commercial advertising .............................................. ..................................... 38
2.1.2.6
Comparative commercial advertising ............................................... .......................................... 38
2.2
Supervision mechanisms and administrative measures * ........................................... ............. 39
2.2.1
Information available ................................................ .................................................. ........... 39
2.2.2
Administrative measures ................................................ .................................................. ......... 40
2.3
Public price information .............................................. .................................................. 40
2.3.1
Public price indication systems ............................................ ................................... 40
2.3.2
Indication of prices per unit of measure (PUM) and availability of "returns" ................... 40
2.3.2.1
Definitions................................................. .................................................. ........................... 40
2.3.2.2
PUM indication. .................................................. .................................................. ............. 41
2.3.2.3
Application schedule ............................................... .................................................. ...... 42
2.3.2.4
Availability of "returns" ............................................. .................................................. ........ Four. Five
2.3.2.5
Monitoring mechanisms ............................................... .................................................. ... Four. Five
2.3.2.5.1
Initial information ................................................ .................................................. .................. Four. Five
2.3.2.5.2
Sporadic information * ............................................... .................................................. ........ 46
2.3.2.5.3 (Deleted) * 46
2.3.2.6
Compliance Notice ............................................... .................................................. ............ 46
2.4
Sale of food and / or beverages ........................................... ................................................ 47
2.4.1
Voluntariness of the tip .............................................. .................................................. ..... 47
2.5
Medicine sales ............................................... .................................................. .... 49
2.5.1
General rule ................................................ .................................................. ......................... 49
2.5.2
Regarding the PUM ............................................... .................................................. .................. 49
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2.6
2.7
2.7.1
2.7.2
2.7.3
2.7.4
2.7.5
2.8
2.8.1
2.8.2
2.8.3
2.8.4
2.9
2.9.1
2.9.2
2.10
2.10.1
2.10.1.1

2.10.2
2.10.3
2.10.3.1
2.10.3.2
2.10.4
2.10.5

Unique form for the preparation of reports of civic police officers * * ............ 50
Household Refrigerators and Freezers * ........................................... ....................... fifty
Range 50
Definitions................................................. .................................................. ........................... fifty
Specific requirements ................................................ .................................................. ........... 53
Conformity assessment. .................................................. ............................................... 55
Penalty regime. .................................................. .................................................. ....... 55
Sound equipment * .............................................. .................................................. ................. 55
Range 55
Concepts for output measurement in sound equipment ........................................ ............. 56
Specific requirements ................................................ .................................................. ........... 56
Conformity assessment .............................................. .................................................. .. 56
Digital Terrestrial Television (DTT). .................................................. ......................................... 56
Consumer information on Digital Terrestrial Television (DTT). .................................. 57
Penalty regime. .................................................. .................................................. ....... 57
Public shows ................................................ .................................................. .......... 59
Information Publication ............................................... .................................................. ..... 59
Natural or legal persons who organize and / or promote public shows
must provide in the Internet address and / or customer service line that have
arranged for the promotion of the event directly or through the people who
sell ticket office for these purposes, the following data, in addition to the information contained
in the previous numeral: ............................................. .................................................. .............. 59
Natural or legal persons that sell ticket office for public shows must
provide, in addition to the information to be provided by the organizer and / or promoter, the
following information to the public: ............................................. .................................................. ....... 60
Security Mechanism ............................................... .................................................. ....... 60
System and Procedure for petitions, complaints and claims - PQR ....................................... .... 60
System of requests, complaints and claims-PQR ......................................... ............................. 60
Procedure for requests, complaints and claims-PQR. .................................................. ......... 61
Ticket Sales Service Guarantee ........................................... ................................. 61
Penalty Regime ................................................ .................................................. .......... 61

3

65

3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.7.1
3.7.2
3.8
3.9
3.10

Definitions................................................. .................................................. ........................... 65
Contracts subject to this regulation ............................................ .......................... 67
Information that must be in writing ** .......................................... .................................. 67
General rules for the conclusion of contracts .......................................... .................. 69
Obligation to verify legal maximum interest rate limits ............................... 71
Special obligations of the producer or supplier *** ......................................... .................. 71
Information on settlement and payment of fees *** ........................................ ....................... 72
Periodic information to the debtor .............................................. ................................................. 72
Sending information to the debtor's address ** ......................................... .............................. 72
Preparation of lists with factors ** ........................................... ............................................. 73
Certification duty * .............................................. .................................................. ............ 73
Public information mechanisms * ............................................ ...................................... 74

2.10.1.2

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3.11
3.12
3.13
3.14

Faculty of withdrawal ............................................... .................................................. .......... 74
Database of those who carry out the activity * ......................................... ....................... 74
Legal consequences ................................................ .................................................. .......... 75
Sanctions 75

4

75

4.1

Applicable general rules ............................................... .................................................. ... 75

5

76

5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
5.9

Register of quality and suitability of goods and services ......................................... ................... 76
Request for deposit in the Registry ............................................ ............................................. 77
Validity of the deposit in the Registry ............................................ ............................................ 77
Modifications to the Registry ............................................... .................................................. .... 77
Responsibility of the depositor ............................................... .............................................. 77
Verification of the conditions deposited in the Registry .......................................... ........... 77
Registry Fees ............................................... .................................................. ................. 78
Information to consumers about the deposit in the Registry ........................................ ... 78
Consultation of the Registry ............................................... .................................................. .............. 78

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TITLE II

CONSUMER PROTECTION

CHAPTER ONE QUALITY AND SUITABILITY OF GOODS AND SERVICES
1.1 Quality and suitability conditions
Every producer or retailer has the obligation to fully guarantee the conditions of
quality and suitability indicated in the mandatory official Colombian technical standards or in the
technical regulations and ordinary and usual market regulations.
1.2 Guarantees
Regarding guarantees, the applicable rules are the following:
1.2.1 Scope of the warranty
When a good or service is repaired or changed for the purposes of warranty effectiveness, it will begin to
run a new term of this from the last delivery or repair.
1.2.2 Automotive
Depending on the nature of the good or service, the presumed minimum guarantee obliges to provide the
Essential technical assistance for its use and to repair and supply spare parts
necessary for this last effect, as established in Article 13 of Decree 3466 of 1982.
In this sense, the terms of the presumed minimum guarantee are established and rules are established for the
control of the rules on consumer protection in the automotive sector, applicable to the
producers, assemblers, importers, producer representatives, dealers, workshops and
authorized spare parts vendors in the automotive sector.
1.2.2.1 Definitions
For the purposes of this section 1.2.2, it is understood as:
a) Vehicle: Any device mounted on wheels that allows the transport of people, animals
or things from one point to another by public or private land open to the public, according to
established in Article 2 ° of Law 769 of 2002 (National Land Transit Code). *

* Resolution No. 12674 of May 2, 2003. Published in the Official Gazette No. 45,182 of May 9, 2003.
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b) Automotive sector consumers: Whoever acquires, uses or enjoys motor vehicles,
its component parts or accessories or the provision of services related to these, for
the satisfaction of one or more needs.
c) Manufacturer or producer: Whoever is in the assumptions established in literal a) of the
Article 1 of Decree 3466 of 1982, regarding one or more motor vehicles, their parts
original components or accessories.
d) Assembler: Whoever arms totally or partially motor vehicles. For effects here
The assembler is said to be the producer of the vehicles he assembles.
e) Importer: Who enters Colombian territory, finished motor vehicles and / or parts
and original accessories thereof. Importers are reputed to be producers with respect to
goods that are introduced into the national territory.
f) Producer representative: Who acts on behalf of and in the name or representation of a
producer of motor vehicles, parts, components or original accessories.
g) Concessionaire: Who has as main activity the distribution, commercialization and / or
marketing of motor vehicles and their parts, spare parts or accessories, being able for
authorization of the manufacturer, assembler, importer or producer representative to provide the
after-sales service and use intangible assets (image, commercial positioning,
procedures, models and patents) of one or more specific brands.
When a manufacturer sells motor vehicles or their parts directly to the public,
spare parts or accessories, the instructions provided for dealers will apply.
h) Authorized spare parts dealer: Whoever supplies or offers to the public, in exchange for a
price, parts, components or accessories of motor vehicles, duly authorized
by the respective manufacturer, assembler, importer or producer representative.
i) Authorized workshop: Who provides the maintenance, repair and / or after-sales service of
motor vehicles, authorized by the manufacturer, assembler, importer or representative of
respective producer.
j) Authorized network: Set of producers, assemblers, importers, representatives of
producer, dealers, workshops and authorized parts dealers who exercise their
activity with respect to the same or same makes of vehicles.
k) After-sales service: Service that ensures preventive and corrective maintenance, the
fulfillment of the guarantee and the replacement of parts, pieces and accessories for vehicles
automotive.
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l) PQR definition: Manifestation of dissatisfaction for the alleged breach of the terms and
warranty conditions, regarding the product and / or service provided, by the
consumer.*
1.2.2.2 Guarantee of quality, suitability and after-sales service
Regardless of whether the obligations indicated in the numerals are met
subsequent, the recipients of this numeral 1.2.2 will guarantee to the buyer that their products
meet advertised specifications or market trends for motor vehicles
of the corresponding class, by granting a guarantee of quality, suitability and
after-sale service.
In front of the consumer, the fulfillment of the terms of the guarantee is joint and several obligation of all
those that have intervened in the production and distribution chain of the respective vehicle. The
consumer may make use of the guarantee of quality, suitability and after-sales service in
any of the distribution channels established and authorized by the producer, importer,
producer or concessionaire representative, regardless of the actions that whoever
Respond to the consumer against the person responsible for the damage.
1.2.2.2.1 Warranty certificate
The recipients of this paragraph must have a written document that contains the
terms of your assurance of quality, suitability and after-sales service, which, at a minimum, will involve
the standards set forth here.
The document must be kept as indicated in section 1.2.2.4.6 below, in the understanding
that those who register their quality and suitability conditions in the registry referred to in article 3
Decree 3466 of 1982, will be relieved of that need.
A copy of this document must be delivered to each purchaser. In each operation it should be
express proof of having delivered the document.
The guarantee certificate referred to in this section must be in writing, in the language
Spanish, in legible font and contain at least:
- The identification of the manufacturer, dealer or importer;
- Identification of the seller;
- The identification of the vehicle with the necessary specifications for its correct
individualization;
- The conditions in which the enlistment of the vehicle will be presented;
* Resolution No. 12674 of May 2, 2003. Published in the Official Gazette No. 45,182 of May 9, 2003.
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- The conditions of validity of the guarantee and its validity period;
- The description of the parts of the vehicle excluded from the guarantee;
- The conditions of attention of the guarantee and the after-sales service specifying the channels
established and authorized distribution where they can be made effective.
Exclusions must be express and will always be understood strictly. Exclusions
They can only be with respect to the parts and pieces that usually suffer deterioration or wear due to the
normal vehicle operation.
1.2.2.2.2 Warranty term *
The quality guarantee and after-sales service will cover the product for all defects not
attributable to the user and will ensure the obligation to provide the technical assistance necessary to
maintenance, as a minimum, under the following conditions:
For private vehicles, for twelve (12) months from the date of delivery of the
vehicle to the original purchaser or twenty thousand (20,000) kilometers of travel, whichever is first
comply.
For public service passenger transport vehicles, for six (6) months from
from the date of delivery of the vehicle to the original purchaser or fifty thousand (50,000) kilometers of
tour, whichever comes first.
For other public service vehicles, for four (4) months from the date of
delivery of the vehicle to the original purchaser or twenty thousand (20,000) kilometers of travel, which
first it is fulfilled.
For private commercial vehicles, for twelve (12) months from the date of
delivery of the vehicle to the original purchaser or twenty thousand (20,000) kilometers of travel, which
first it is fulfilled.
For motorcycles, scooters and motorcars for six (6) months from the delivery date
of the vehicle to the original purchaser or six thousand (6,000) kilometers of travel, the first thing that is
comply.
Motorcycles, scooters and motorcycles that are used for sports competitions are
excluded from this obligation, thus freeing assemblers, importers and
producer representatives in setting the term of the guarantee and conditions.

* External Circular No. 014 of December 3, 2001. Published in the Official Gazette No. 44,639 of December 7, 2001.
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The period, greater than one week, during which the consumer is deprived of the use of the vehicle
automotive under warranty, for any cause related to its repair attributable to the
responsible for making it, will automatically interrupt the term of the guarantee granted, and must
said time to be computed as an extension of it.
1.2.2.2.3 Scope of the warranty
Complementing what is stated in article 29 of Decree 3466 of 1982, the quality guarantee,
suitability and after-sales service, commits its parties to the vehicles
automotive in whose manufacture, assembly, distribution or sale has participated, at least to:
- Provide technical assistance or replacement of the necessary parts that allows the
proper operation of the vehicle during the entire period covered by the warranty without
any cost to the buyer;
- Guarantee, for a term not less than ten (10) years, replacement material for vehicles
national and imported.
For the purposes provided in this paragraph, the producer, assembler, importer, representative of

producer, workshop dealer and parts dealer, you must maintain an inventory
representative of the fast moving parts and pieces and ensure the timely supply of the
remaining spare parts, in all the cities in which it operates.
1.2.2.2.4 After-sales service *
The after-sales service must be provided by every producer, assembler, importer, or
representative of producer, dealers, workshop and dealer of spare parts and guarantee, as
minimum, the following:
- Adequate and sufficient workshops to offer maintenance, warranty and
repairs.
For the motorcycles, scooters and motorcars sector, the availability of workshops must be ensured
authorized, adequate and sufficient to offer maintenance care, warranty and
repairs in all parts of the country where the sales network is present
(dealers) and where there are no dealers, there are 500 vehicles in
circulation, and
- Trained technical staff and specialized tools for models and services
offered.

* External Circular No. 014 of December 3, 2001. Published in the Official Gazette No. 44,639 of December 7, 2001.
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1.2.2.3 Consumer protection mechanisms
1.2.2.3.1 Institutional mechanism
Producers, assemblers, importers, producer representatives, concessionaires,
workshops and authorized spare parts vendors must have an institutional mechanism
of receipt and processing of PQR duly documented.
Producers, assemblers, importers and producer representatives should endeavor, with
an intensity directly proportional to the type of contractual relationship that binds them, that the
authorized parts dealers, workshops and vendors have such a mechanism.
Producers, assemblers, importers and producer representatives of motorcycles,
Scooters and motorcars must ensure that dealers, workshops and dealers of
spare parts, authorized for their products or services, have an institutional mechanism for
reception and processing of the PQR's related to customer service, duly
documented. *
The institutional customer service mechanism must, at least:
a) Have at the disposal of consumers in the automotive sector information printed with the
ordinary and electronic addresses, fax numbers and procedures applicable to the PQR, without
detriment of the other information that is considered pertinent. They must also be informed
that the PQR presentation does not have to be personal nor does it require the intervention of a lawyer.
b) Establish internal administrative procedures and forms necessary for the efficient
reception and processing of the PQRs, in the conditions that are intended for their reception. The
The procedure adopted and informed to the consumer must provide, in any case, the following:

**

- The maximum time in which the PQR will be resolved.
- In the case of the second consumer claim for the same concept and / or in the
Whatever the request is for the refund of the money or the change of the motor vehicle, the agent who
is attending the PQR, you must ensure that in the process of this you have:
i. The previous concept of the manufacturer, assembler, importer or producer representative
respective; **

* External Circular No. 014 of December 3, 2001. Published in the Official Gazette No. 44,639 of December 7, 2001.
* * Resolution No. 5154 of February 26, 2003. Published in the Official Gazette 45,115 of March 3, 2003.
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ii. Once the previous stage has been exhausted, if the consumer considers that his PQR has not been
resolved satisfactorily, you must be informed about the possibility of going to the
competent authorities on the subject. * *
c) Have systems that allow for the proper identification and classification of PQRs. Might
It is a care code assigned to each of the PQRs submitted and answered.
The filing label should allow the PQR to be easily located and identified, the date of its
presentation, the reason for the claim and the code that the producers for this purpose,
assemblers, importers and producer representatives will assign each of the
spare parts dealers, workshops and vendors. As an example, the
format contained in annex 1.1 Registration label 3010-F01.
d) Keep a detailed list of the PQRs submitted by consumers in the sector
automotive, including: *
• Code assigned to each dealer, workshop or dealer of spare parts in accordance with
established in section 1.2.2.3.1
• Name of the dealer, workshop or parts dealer that receives the PQR.
• Name of the claimant and ID number
• Date of receipt of the PQR (year / month / day.)
• Data that individualizes each vehicle (engine number, VIN, series or chassis, plate, line:
according to the commercial classification).
• Reason for the PQR: According to the classification established in Annex No 2.
• Vehicle mileage: Registered at the time of entry that gave rise to the PQR.
• Observations: Justification of the pending status of the claim.
e) Assign a code to each of the spare parts dealers, workshops and vendors,
whose first three digits must correspond to those assigned by the Superintendency of
Industry and Commerce in Annex 1.3, and whose next three digits must identify the
dealer, authorized workshop and parts dealer as follows:
In the case of dealerships, the next three digits must be between the numbers 100
and 199. In the case of workshops, the next three digits must be located between the numbers 200
and 299. If it is a question of dispensers of spare parts, the next three digits must be located
between the numbers 300 and 399.
In the event that a dealer has the quality of a workshop and / or parts dealer
simultaneously, the priority for your identification code will be the following: Dealers
or workshops or vendors of spare parts, exclusively.

* Resolution No. 12674 of May 2, 2003. Official Gazette No. 45,182 of May 9, 2003.
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Any producer, assembler, importer and producer representative who has not been
assigned a code, because it is new to the sector or because it is not included in annex 1.3,
must inform the Delegation for Consumer Protection of their presence and request
that a code be assigned to it for the purposes established in this paragraph.
1.2.2.3.2 Contractual protection
The contracts entered into with consumers in the automotive sector must indicate the right to
present PQR, as well as the existing mechanisms and procedures for that purpose. The contracts
They must also contain the applicable regulations regarding the effectiveness of the guarantee.
contained, in particular, articles 11, 12, 13 and 29 of Decree 3466 of 1982 and this circular or the
provisions that modify or add them. Said information must be clearly stated,
precise and express.
Producers, assemblers, importers and producer representatives must guarantee
that any clause that implies limitations or restrictions regarding the rights of the
consumers, must be informed prior to the completion of the contract.
Every contract must be accompanied by the guarantee certificate referred to in the
numeral 1.2.2.2.1.
1.2.2.3.3 Security mechanism * *
Producers or manufacturers, assemblers, importers and producer representatives of the
automotive sector, motorcycles, scooters and motorcars must immediately inform the
Deputy Superintendent for Consumer Protection and Metrology, when there are
serious indications that a failure in a system or subassembly, or a defect in a part or piece of
a vehicle could harm the health, life, integrity or safety of consumers,
even when those responsible for this obligation know of failures that have been
reported abroad, of vehicles of brands, lines and models similar to those
They sell in Colombia, regardless of their references.
Simultaneously, they must inform the procedure and the estimated term in which it will be carried out.
the campaign of the vehicles put into circulation within the national territory, or the reasons why
which the campaign does not apply in Colombian territory. For such purposes, they must take into
consider the following rules:
a) Producers or manufacturers, assemblers, importers and producer representatives
of vehicles must fill out and send electronically in Excel format, to the email
automotor@sic.gov.co ., as appropriate, the 3ID-V, or 3ID-VCRC, 3DIV-CY formats

*

* External Circular No. 017 of July 19, 2011. Published in DO No. 48,137 of July 21, 2011.
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3CRO-C which make up the “Vehicle Safety Campaign Referral” format,
contained in Annex No. 1.6 of this Circular.
The purpose of the “Vehicle Safety Campaign Remission” format is to set the minimum
information that the report of the Safety Campaign must contain, in which the
specify the fault, line and model of the vehicle involved, number of units in
circulation, application schedule, among others.
b) Producers or manufacturers, assemblers, importers and producer representatives
must have a duly documented institutional procedure that
guarantee that the information reported by them to the email of the Superintendency
of Industry and Commerce, through the "Institutional Responsible", has the approval
of the legal representative or is electronically signed by him.
c) Only the 3ID-V format will be reported when the replacement campaign does not apply in
Colombia, explaining the reasons why it is not effective.
d) The information reported to the Deputy Superintendent for Consumer Protection and
Metrology shall be published on the website of the producer or manufacturer, assembler,
importer and representative of the respective producer, at the time the
Bell.
The rules indicated in paragraphs a), b), and d) will also apply when the same fails or
defect is the reason for claim of at least four percent (4%) of the vehicles of the
same series and model in circulation, even if the defect does not threaten health, life, integrity or
consumer safety
e) Producers or manufacturers, assemblers, importers and producer representatives
must inform this Superintendency within the first 8 days of each quarter the
progress of the Safety Campaign (s) adopted, in the formats listed in the
literal a) of this numeral, without prejudice to the fact that the Superintendency may demand the
reporting more frequently in particular cases. This obligation is
will keep until the close of the campaign (s), which (s) may only be closed (s)
when the revision of a minimum of 80% of the vehicles involved is reached, always
that it is demonstrated that efforts were made to contact consumers who might
be affected.
In any case, the information related to the Security Campaign (s), advanced (s)
For each producer, manufacturer, assembler, importer and producer representative, you may
be disclosed on the website of this Superintendency according to the information sent
for these.

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f) In the event that after three (3) months after the Safety Campaign has started, the
producers or manufacturers, assemblers, importers and producer representatives not
have a minimum coverage of forty-five percent (45%) of the total of the
affected units served, or 80% in the first year, the Superintendency of Industry and
Commerce may issue all the orders it deems necessary, at the expense of the
responsible (s), to achieve significant progress in the Campaign.
1.2.2.4 Monitoring and control mechanisms
For purposes of compliance with the provisions of this numeral 1.2.2, the
following instructions:
1.2.2.4.1 Submission of information
Dealers, authorized workshops and spare parts vendors must refer to the
Superintendency of Industry and Commerce the information referred to in the
following numerals, through the respective producers, assemblers, importers and
producer representatives.
Producers, assemblers, importers and producer representatives of motorcycles,
Scooters and motorcycles must send the Superintendency of Industry and Commerce the
information referred to in the following numerals. *
1.2.2.4.2 Implementation
Producers, assemblers, importers, producer representatives, concessionaires,
authorized workshops and parts dealers, will adopt and implement the instructions here
established. Producers, assemblers, importers and producer representatives,
will ensure that dealers, authorized workshops and vendors of spare parts, comply with
this obligation.
Dealers, authorized workshops and parts dealers will be responsible for the
observance and proper functioning of established consumer protection mechanisms
for its authorized network, verified the adaptations that may take place based on the
instructions issued by the Deputy Superintendent for Consumer Protection of the
Superintendency of Industry and Commerce.
Producers, assemblers, importers and producer representatives of motorcycles,
Scooters and motorcars will adopt and implement the instructions set forth herein and
They will also be responsible for the observance and proper functioning of the mechanisms of
* External Circular No. 14 of December 3, 2001. Published in the Official Gazette No. 44,639 of December 7, 2001.
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consumer protection established for your licensed network. In addition, in agreement with the
authorized distributors and workshops will adopt and implement the necessary control measures
to comply with the standards contained in this circular. *
As of August 13, 2001 * , producers, assemblers, importers, representatives of
producer, dealers, authorized workshops and vendors of spare parts, must adopt the
actions and schedules to follow to ensure the installation of the institutional mechanism for
customer service and compliance with the other instructions given.
The corresponding governing body of producers, assemblers, importers and
producer representatives, must designate an official "institutional responsible", in charge of
of the implementation and compliance with what is established herein and of ensuring the disposition of
material, administrative and economic means to comply with the schedules
established. Evidence of the above must be sent to the Consumer Protection Office
*
no later than September 27, 2001.
Authorized parts dealers, workshops, and vendors must designate a
"Local manager" with identical functions to those indicated in the previous paragraph.
The full implementation of the provisions of this section 1.2.2 must have been completed on the 27th of
September 2001. ‡
1.2.2.4.3 Initial information
By August 28, 2001, § the producers, assemblers, importers and representatives of
producer, they must send to the Consumer Protection Delegation:
a) Copy of the document containing the instructions and guidelines that define the
actions and schedules to follow, as well as the "institutional manager" for its authorized network,
in the terms of the third paragraph of numeral 1.2.2.4.2 above;

This obligation was established in article 4.2 of circular 09 of June 20, 2001, in which it was established that
"Within 30 days following the effective date of this circular ...". This circular was published in the Official Gazette
N ° 44,468 of June 27, 2001.
† This obligation was established in article 4.2 of circular 09 of June 20, 2001, ibid., Which provided
that "Evidence of the foregoing must be sent to the Consumer Protection Office within 3 months
counted from the entry into force of this act ”.
‡ This obligation was established in article 4.2 of circular 09 of June 20, 2001, ibid, in which it was foreseen
that "The full implementation of the provisions of this circular must have been completed in 3 months, counted from
the entry into force of the same ”.
§ This obligation was established in article 4.3 of circular 09 of June 20, 2001, ibid, in which it was foreseen
that "Within 40 days after the validity of this circular ...".
*

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b) Internal administrative procedures and PQR submission forms for each
one of the procedures to be completed in your authorized network, as well as the code system
attention, referred to in literals b) and c) of numeral 1.2.2.3.1; Y
c) The code system assigned to each of the dealers, workshops and vendors of
spare parts, referred to in literal e) of numeral 1.2.2.3.1.
The requested information must be sent to the Superintendency in writing or in a message of
data (original format and MS-WORD 95 format) via the Internet or on magnetic media (3 ½ '' floppy disk
formatted with MSDOS).
On December 15, 2001, the producers, assemblers, importers and representatives of
Producer of motorcycles, scooters and motorcycles must inform the Delegation of Protection
to the Consumer if there were modifications to the content of the initial report attached to the
Superintendency of Industry, which must be detailed. *
1.2.2.4.4 Sporadic information
Dealers, authorized workshops, and spare parts vendors must inform the
producers, assemblers, importers or representatives of the respective producer, within the
seven (7) days after its occurrence, any modification that is introduced to the schemes and
documents adopted and prepared in accordance with the instructions given in this section 1.2.2.
In the event of opening a new establishment that manufactures, imports, assembles or markets
motor vehicles or services related thereto, the representative or owner shall
accredit, before the Delegation for Consumer Protection of the Superintendency of Industry
and Commerce, within thirty (30) business days following the start of operations, the
initial information required in section 1.2.2.4.3 above.
1.2.2.4.5 Periodic information
Within the first week of each quarter, any dealer, authorized workshop and warehouse of
spare parts, will provide the manufacturer, assembler, importer or representative of the respective producer,
a report on compliance with the institutional mechanisms adopted, indicating the
deviations that have occurred, the person responsible for the anomaly and the corrections
taken. It will also present in the same terms, the detailed relationship referred to in the
literal d) of numeral 1.2.2.3.1.
Once the information is received from your authorized network and within the second week of each
quarter, producers, assemblers, importers and producer representatives, will report
* External Circular No. 014 of December 3, 2001. Published in the Official Gazette No. 44,639 of December 7, 2001.
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to the Deputy Superintendent for Consumer Protection of compliance with the schemes
adopted in your network, indicating the results obtained, the deviations that may have been
presented, the person responsible for the anomaly and the corrections adopted. It will also send a
Consolidated relationship of the variables referred to in literal d) of section 1.2.2.3.1. For him
In effect, it is suggested to apply the detailed format in annex 1.4 Consolidated PQR 3010-F02.
Within the second week of each quarter, producers, assemblers, importers and
representatives of producers of motorcycles, scooters and motorcycles must inform the Superintendent
delegate for consumer protection compliance with the schemes adopted in its network,
indicating the results obtained, the deviations that may have occurred, the person responsible for
the anomaly and the corrections adopted. It will also send a consolidated list of the
variables referred to in literal d) of section 1.2.2.3.1. For this purpose, it is suggested to apply the
detailed format in annex 1.4 Consolidated PQR 3010-F02. *
The periodic information must be certified by the institutional responsible for
compliance and legal representative. The certification by the fiscal auditor must be carried out
annually, which must be sent with the periodic report corresponding to the month of January. *
On December 15, 2001, the producers, assemblers, importers and producer representatives of
Motorcycles, scooters and motorcars must inform the Consumer Protection Office if they
presented modifications to the content of the periodic report submitted to the Superintendency of Industry, the
which should be detailed. ***
The information referred to in literal d of numeral 1.2.2.3.1 must contain the detail of the PQRS
(according to the aforementioned definition). However, in annex 1.4 Consolidated PQR 3010-F02, it will be indicated
in the observations box the total number of warranty service requests received by each
dealer, workshop or dealer of spare parts and for each producer or assembler when there is no
distribution or attention, without it being necessary to classify them according to annex No. 1.2. **

1.2.2.4.6 Information available
Producers, assemblers, importers and producer representatives must maintain
disposition of the Superintendency of Industry and Commerce, for a term not less than that required
legally for commercial papers, copy of the model clauses to be included in the contracts of
concession, in accordance with the provisions of section 1.2.2.3.2. They must also keep in them
terms, copy of the guarantee certificate referred to in section 1.2.2.2.1.

The Superintendency may request, at any time, technical justifications,
administrative, legal and economic that it considers pertinent.

* External Circular No. 014 of December 3, 2001. Published in the Official Gazette No. 44,639 of December 7, 2001.
*** External Circular No. 014 of December 3, 2001. Published in the Official Gazette No. 44,639 of December 7, 2001.
** Resolution No. 12674 of May 2, 2003. Published in the Official Gazette No. 45,182 of May 9, 2003.
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1.2.2.5 Notice of compliance
As of September 1, 2001, the following text must be kept in each establishment
open to the public from the authorized network of producers, assemblers, importers and representatives of
producer, in a place visible to the customer in the sales room and service workshop, so that it is legible to
naked eye:
By provision of the Superintendency of Industry and Commerce, this establishment must have a
institutional mechanism for the reception and processing of petitions, complaints and claims. As responsible for
compliance with these provisions has been designated (name of local compliance officer)
who will attend to your concerns and claims. If the disagreement persists, we appreciate informing
(name of the institutional compliance officer) to the telephone number (XXXXXXX or line 9 800 if
exist) ”.

1.2.3 Batteries (lead acid type accumulators)

*

The guarantee of quality, operation and service of the batteries will be subject to the following rules:
a) Term of the guarantee. Manufacturers of lead acid type accumulators (batteries) for use in
motor vehicles, must grant a minimum guarantee of quality, operation and service to their
products from the date of delivery as follows:
i) Six (6) months for batteries whose use corresponds to public service vehicles and
other commercial vehicles;
ii) Six (6) months for batteries whose use corresponds to motorcycles, scooters and motorcycles.
iii) Twelve (12) months for batteries whose use corresponds to private service vehicles;
b) Warranty card. To ensure the consumer compliance with the quality assurance,
operation and service referred to in the previous literal, the manufacturers of lead-type accumulators
acid (batteries) for use in motor vehicles, directly or through their supply channels.
distribution, they must deliver to each buyer a warranty card, duly
completed together with the unit sold. The text of the warranty card must contain at least
minus the following data:
i) Product identification: Trademark or trademark and identification or serial number;
ii) Manufacturer's identification: Name (company name) and NIT;
c) Scope of the guarantee. The guarantee will be provided in accordance with the following terms:
i) The guarantee of quality, operation and service will protect the product against manufacturing defects
for the term indicated in literal a);
ii) In any case of exchange of the good by guarantee, the new product will have a guarantee equal to
that of the product initially purchased;

* Resolution No. 2356 of February 11, 2004. Published in the Official Gazette No. 45,461 of February 13, 2004.
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iii) The consumer may make use of the guarantee at the place of purchase or through the channels of
distribution and sale authorized by the manufacturer;
iv) The attention of the guarantee may not be subordinated to the presentation of the guarantee card and / or
the invoice;
d) Minimum information . On the body of each product (battery) it must be clearly indicated
the data corresponding to nominal capacity (electric current-time), starting capacity
(electric current) and reserve capacity (time), indicated in accordance with the international system of
units;
e) To facilitate the attention of the guarantee, the manufacturer or importer must implement the
mechanisms throughout the distribution network that allow to have the necessary information to
identify the product, use, date of sale and validity of the warranty;
f) To facilitate compliance with the provisions of literal e) of this article, the entire chain of
distribution made up of direct points of sale, distributors, chain stores, etc.,
within five (5) days after the sale or replacement under warranty, they must report to the
manufacturer the product data, which allow to determine the entry into force of the guarantee of
every battery sold.
1.2.4 PVC and CPCV pipe and fittings **

(BLANK SPACE)

The Council of State by ruling of September 3, 2004, Counselor Speaker: Dr. Gabriel Eduardo
Mendoza Martelo: Declared "the nullity of Resolutions: 224 of January 17, 2001," by which some
technical requirements for PVC and CPVC pipe and fittings; 29447 of September 11, 2001, "by which
partially modifies external circular No. 10 of 2001 ", and 33064 of October 4, 2001." by which
partially resolutions No. 224 and 29447 of 2001 ", issued by the Superintendency of Industry and Commerce"
** **

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(BLANK SPACE)

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1.2.5 Appliances that run on combustible gas
1.2.5.1 Warnings and information on gas appliances ***
For the purposes of the provisions of articles 14 and 17 of Decree 3466 of 1982, the information provided
provide consumers with household and commercial appliances that work
with gas, you must at least comply with the following rules:
a) Information about the appliance: Each appliance and its corresponding packaging must bear
affixed or printed, permanently, easily legible, indelible, visible to the
consumer and installer and in the correct Spanish language, one or more plates with information
in which the following is indicated:
"THIS APPLIANCE SHOULD NOT BE INSTALLED IN BATHROOMS OR BEDROOMS"
"THIS APPLIANCE IS ADJUSTED TO BE INSTALLED FROM _____ TO ____ METERS
ABOVE SEA LEVEL"
b) The producer of appliances for domestic and commercial use that run on fuel gas
will be responsible for compliance with the provisions of this paragraph. In the case of
imported artifacts, it is up to the importer to comply with the obligations of
information indicated in this numeral as well as with the Technical Regulation RTC-001MDE
issued by the Ministry of Economic Development through Resolution 0321 of 2002.
c) It will be understood that the device works correctly when at the maximum height for which it was
designed and declared by the manufacturer, the conditions of nominal power, flow are maintained
gas and combustion, which allow the appliance to maintain the level of carbon monoxide emissions
carbon corresponding to its design. The aforementioned conditions must
be declared in the installation and operation manuals.
1.2.5.2 Repealed *
1.2.5.3 Repealed *
1.2.6 Minimum suitability and quality requirements of the facilities for the supply of
*
gas in residential and commercial buildings
1.2.6.1 Object
This regulation aims to:

* Resolution No. 14471 of May 14, 2002. Published in Official Gazette No. 44,803 of May 17, 2002. (Adds
from section 1.2.6 to 1.2.6.7)
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a) Prevent and reduce the risks of poisoning by inhalation of concentrations of toxic gases
and the creation of explosive atmospheres derived from installations for the supply of gas in
residential and commercial buildings, setting conditions that must be met for the
projection, construction, expansion, reform or revision of the facilities for the supply
gas in residential and commercial buildings.
b) Establish suitability requirements, minimum security measures and service guarantees that are
must observe when planning, constructing, expanding, reforming or reviewing the facilities for the
gas supply in residential and commercial buildings, as well as minimum requirements
of the rooms where the gas appliances are located and the conditions of their connection and
start-up and evacuation of the combustion products of said devices.
1.2.6.2 Field of Application
This regulation applies to the projection, construction, expansion, reform or revision of the
installations for the supply of gas in residential and commercial buildings where
present the following circumstances:
a) That the supply gas of the installation is within the families and groups of
according to the value of the Wobbe number used in Colombia. Table †† shows the
families and groups of gaseous fuels used in the country.
Families and gas groups

Second family
Group H
Third family (group B / P)

Gross Wobbe Number in Calorific Value
higher in MJ / m3
(at 15 C and 1013.25 mbar)
Minimum
Maximum
39.1
54.7
45.7
54.7
72.9
87.3

b) That the operating pressure of the installation for supplying gas to the building is
found within the following limits:
Residential building: maximum 14 kPa (140 mar)
Commercial building: maximum 140 kPa (1400 Mar)
1.2.6.3 Content
1.2.6.3.1 Definitions, acronyms and referenced standards

††

Resolution 0321 of 2002 of the Ministry of Economic Development.
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For the purposes of the provisions of section 1.2.6 of this Chapter, its terms and acronyms
used shall be understood to conform to the definitions contained in annex 2.7 3022 - 01 of the
this Circular, which also indicates the standards referenced for its application.
1.2.6.3.2 Requirements for the suitability of facilities for the supply of gas in buildings
residential and commercial, to eliminate and prevent risks that threaten health
and security.
a) The suitability requirements regarding the protection of the pipes, coupling methods
and protection against corrosion of the same, general specifications concerning the
ventilation of interior rooms, location of gas appliances, characteristics of
construction of gas appliances, additional air requirements, ventilation methods
of indoor enclosures, unconfined spaces, confined spaces, specifications for the
construction of lattices, grids and ducts for the ventilation of interior spaces and
ducts for the evacuation of combustion products, shall be deemed satisfied with the
compliance with the technical requirements indicated in NTC 2505 (3rd. Update)
“Gas pipelines. Installations for the supply of gas in residential buildings and
commercial".
If an installation constructor accepts for the provision of its service a technical standard that
for its use is international and it is different from the NTC 2505 (3rd. Update), you must
previously demonstrate to the Superintendency of Industry and Commerce the equivalence of
said technical standard with the requirements established in NTC 2502 (3rd. Update).
b) The materials and equipment used in the installation for the supply of gas must be
exclusively those that have been designed for the conduction of gases object of the
numeral 1.2.6 of this Chapter, in the cases of materials or equipment that are subject to
to compliance with technical regulations or mandatory official Colombian technical standard, these
must have the corresponding certificate of conformity issued by the agency
Accredited by the Superintendency of Industry and Commerce.
c) When an installation for the supply of fuel gas included in the field of
application of this numeral 1.2.6 for strictly technical reasons cannot
materially comply with its prescriptions, the installer may direct whoever
it corresponds to certify the installation, a request for its authorization accompanied by the
corresponding technical documentation stating and justifying this impossibility,
including a proposal for an alternative technical solution.
The person to whom it corresponds to certify the installation may authorize that the aforementioned
installation is adapted to the proposed solution, which in no case may entail a reduction in

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the security resulting from the prescriptions of this regulation. The authorization must
be recorded in writing, copies of it must be kept by the installer and
by the certifier for the purposes of verification by the Superintendency of Industry and
Commerce, if required.
d) The installation of electrical appliances converted to gas is prohibited.
e) As of the effective date of this regulation, ‡‡ the terminal ends of conduits of
Gas evacuation product of the combustion of type B and C appliances must be designed and
be constructed in such a way that at no time is recirculation of said gases allowed to the
interior of the building. The terminal ends of the gas evacuation ducts
product of the combustion of gas appliances must extend at least one
meter (1 m) above the highest part of the roof of the building. The
installation of the terminal ends of said conduits directly to the facade.
At the time of the five-year periodic reviews of facilities in which the
terminal ends of combustion gas evacuation ducts give
directly to the facade of the building, it must be verified that recirculation does not occur
of these gases inside the building, by measuring the concentration of monoxide
of carbon CO in the unit in which the installation is verified and in the adjacent units. From
The characteristics of the evacuation duct and the measurements must be recorded
expressed in the review.
If there is recirculation of gases produced by combustion inside the building in the
unit in which the installation is verified or in adjacent units, the company
Distributor must provide the necessary measures in accordance with the provisions of the numeral
V.4 of CREG resolution 067 of 1995, so that corrections can be made
necessary to ensure that there is no recirculation of gases produced by combustion
inside the building.
f) When installing appliances in an enclosure, its installer must take into account
counts the powers of all the appliances to be installed, in order to determine the volume
of air necessary for its correct operation. The person who reviews or certifies the
installation must leave a written record of said calculation, determining if it is a
confined or unconfined enclosure, which will be part of the certification of the facility. In order to
The effect can be applied to Guide 3022 - F01, which is indicatively incorporated into this
Circular.

The instruction incorporated in literal e) numeral 1.2.6.3.2 of Chapter I will become effective as of May 17
of 2002, date of publication in the Official Gazette No. 44803 of resolution No. 14471 of May 14, 2002.
‡‡

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In the event that devices are temporarily not installed at the connection points of the
installation for gas supply, the installer must indicate the maximum joint power
allowed for each one of the rooms where it is planned to locate gas appliances, in
document that will form an integral part in the certification process of the installation in the
terms of this Circular.
g) Natural persons who are dedicated or employed for the construction, expansion,
reform, revision or certification of the facilities for the supply of gas in buildings
residential and commercial, must have a certificate of labor competence issued by
the National Apprenticeship Service, Sena, or by a personnel certification body
accredited by the Superintendency of Industry and Commerce based on the standards of
labor competence indicated in the scope under which accreditation is granted. *
In all cases, for the issuance of the certificates of conformity referred to in the
numeral 1.2.6 of this chapter, the existence of certificates of competence will be verified
work of personnel who build, expand, reform or overhaul the facility for the supply of
gas and that they have been issued by the National Apprenticeship Service, Sena, or by
a personnel certification body accredited by this Superintendency. *
For the purposes of the certification of conformity of the facilities referred to in this section, the
Certificate of labor competence will be required as of May 1, 2005. *
1.2.6.3.3 Requirements for the prevention of practices that may be misleading.
a) The gas appliances to be installed must have the information on their labeling or labeling
required in numeral 1.2.5 of Chapter I of Title II of this Circular, in order to calculate the
volume of air that the room where the respective appliance is to be installed must have.
b) As an integral part of the conformity certification, it must be recorded that the
user has been informed about the minimum security requirements for adequate
operation and printed material (primers, brochures, manuals, etc.) that has been delivered
for this purpose, as well as what is indicated in numeral 1.2.6.6 of this Chapter.
1.2.6.3.4 Specific verification requirements
1.2.6.3.4.1 Verification of CO content in the environment
a) In rooms where gas appliances are installed, a
measurement of the concentration of Carbon Monoxide (CO) in three (3) points located at a
*
*

Resolution No. 16074 of July 15, 2004. Published in the Official Gazette No. 45,616 of July 21, 2004.
Resolution No. 31981 of December 24, 2004. Published in the Official Gazette No. 45,776 of December 29, 2004.
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meter of the separation of the gas appliance of greater power. Measurements will be made with
all gas appliances operating at their rated power, five (5) minutes after
have been turned on. The highest value obtained must be less than 50 ppm concentration
Carbon Monoxide (CO) diluted in the environment.
It will be understood that the installation of the devices does not meet the conditions of suitability and
legally required quality, when the concentration of carbon monoxide (CO) of the
gases product of combustion at any of the reading points is higher than the
established in this numeral.
1.2.6.3.4.2 Verification by municipal authorities
a) As an integral part of the process of issuing a construction license for a building
residential or commercial new or that is not legalized, in whose design the
installation for the supply of fuel gas, it must be responsible for the
design to a qualified professional in the field and this design must be previously
approved by the distribution company as a quality and suitability requirement to be
presented before the mayor, urban curator or competent authority for its study according to
what is stated in articles 43 letter f) and 44 of Decree 3466 of 1982. Consequently, in addition
of the requirements demanded by the corresponding authorities, the following must be submitted
documentation:
i. Technical report, with a detailed description of the installation project for the
fuel gas supply and the respective plans signed by an Engineer or
Architect, graduated, registered and with a valid professional card.
ii. Approval by the gas distribution company, with concept on the
availability of service provision at the facility's construction site.

*

1.2.6.4 Conformity assessment
1.2.6.4.1 Certification of conformity of new installations
a) In compliance with the provisions of Articles 7 and 8 of Decree 2269 of 1993, the projection,
construction, expansion and reform of the facilities that are the object of this regulation must
demonstrate, prior to commissioning through certification of conformity
issued in accordance with the provisions of this Circular, compliance with the requirements,
minimum security measures and service guarantees that must be observed when projecting,
build, expand, reform the facilities for the supply of gas in buildings
residential and commercial, as well as the minimum requirements of the premises where they are located

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gas appliances and the conditions of their connection and start-up, in the
conditions set forth in section 1.2.6.3 of this Chapter.
b) The verification prior to the provision of the service referred to in numeral 2.23 of the resolution
CREG 067 of 1995, it will be understood as supplied with the issuance of conformity certification
issued as indicated in this regulation and therefore its cost is understood to include
in the value of the connection.
1.2.6.4.2 Certification of conformity of existing installations
a) In compliance with the provisions of articles 7 and 8 of Decree 2269 of 1993, for the
existing facilities as of May 17, 2002 §§ that do not have certification of
conformity in accordance with what is indicated here, it must be obtained no later than the
Timeliness of the periodic inspections indicated in numeral 5.23 of the CREG resolution
067 of 1995, through the issuance of the certification obtained as indicated in this
Circular.
The certification of conformity of existing facilities may be restricted to the requirements
concerning the protection of exposed pipes, methods of coupling and protection against
corrosion of the same, general specifications concerning the ventilation of rooms
interiors, location of gas appliances, additional air requirements, methods of
ventilation of interior rooms, unconfined spaces, confined spaces,
specifications for the construction of lattices, grids and ducts for the ventilation of
interior enclosures and ducts for the evacuation of combustion products, in the
conditions set forth in section 1.2.6.3 of this Chapter.
b) The periodic review indicated in paragraph 5.23 of CREG resolution 067 of 1995, is
It will be understood as supplied with the issuance of the conformity certification of the existing installation
issued as indicated in this regulation, and therefore its cost is understood to include
at the expected value for periodic review.
c) At any time, at the request of the user and at his cost, compliance with
the requirements contemplated in numeral 1.2.6 of this Chapter through the issuance of
certification issued as indicated in this Circular.
1.2.6.4.3 Certification bodies
Certifications in accordance with the requirements established in section 1.2.6 of this
Chapter, must be issued by:

§§

Resolution No. 14471 of May 14, 2002. Published in the Official Gazette No. 44,803 of May 17, 2002.

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a) Accredited bodies: Certification or inspection bodies accredited by the
Superintendency of Industry and Commerce.
Fuel gas distribution companies may choose to directly carry out these
certifications as an accredited inspection body, for which you can manage
before the Superintendency of Industry and Commerce the accreditation in such condition of the unit
technique that is used for such work.
b) Qualified Bodies: Bodies that are in the process of accreditation as
certification or inspection bodies before the Superintendency of Industry and Commerce,
once the documentary evaluation has been completed within the corresponding procedure and
ordered the corresponding field audit by this Entity.
c) Direct certification: Fuel gas distribution companies that have a
management system certified in accordance with ISO 9001 - 9002, ISO 9000 or
equivalent at the discretion of the Superintendency, by a body accredited by this
Superintendency, which includes the procedures related to the acquisition of materials,
marketing, design, construction and verification of gas supply facilities
fuel in residential and commercial buildings, with prior authorization from the
Superintendent of Industry and Commerce may directly issue the certification for the
installations for the supply of fuel gas in residential and commercial buildings,
of its users.
The distribution company must submit the respective request to the Superintendency of
Industry and Commerce, accompanying the same copy of the management system certificate and the
verification and certification procedure, which you will use based on your conditions
operational commissioning, subject to the requirements of this Circular.
In any case, the certifications issued directly by the distribution company must
comply with the provisions of section 1.2.6 of this Circular.
The authorization referred to in this section may be revoked at any time, when
lose the certification of the management system, when the conditions that would have changed
from its issuance, or it is evidenced that the application of the proposed procedure is not
fulfilling the purpose foreseen in this numeral.
d) Until April 30, 2003, the certifications referred to in this paragraph may be
issued by companies with proven experience in auditing of
gas installations. *
For the purposes of the provisions of this section, said auditing companies, no later than 31
December 2002, they must submit for approval the documentation that proves their
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existence and legal representation and the evidence or documents that demonstrate its
experience, along with procedures for the inspection of new facilities and
existing (periodic review) for the supply of fuel gas in buildings
residential and commercial. Said documentation must be presented to the Group of
Control and Surveillance of Technical Regulations and Legal Metrology of the Superintendency of
Industry and Commerce.*
As of April 30, 2003, these companies will not be able to continue certifying facilities
for the supply of gas in residential and commercial buildings, unless they have obtained
accreditation as an inspection body before the Superintendency of Industry and Commerce,
or they are in the case provided in section b) of this section 1.2.6.4.3 *
1.2.6.4.4 Operational conditions of the certification
When the certification of the facilities referred to in numeral 1.2.6 of this Chapter does not
carried out directly by the distribution company, it may agree with the entities that will
carry out the certification an operating procedure for it that guarantees compliance with the
provided in said numeral. The operating procedure must be presented to the Superintendent
Delegate for Consumer Protection, for approval.
1.2.6.5 Registration in the register of manufacturers and importers
In accordance with the provisions of Article 11 of Decree 2269 of 1993, the people who build,
expand, reform or revise the facilities for the supply of gas referred to in the numeral
1.2.6, must be registered in the Register of Manufacturers and Importers of the Superintendency of
Industry and Commerce, in accordance with the provisions of Chapter I of Title IV of this Circular.
Those who currently carry out these activities must process the registration no later than the
July 17, 2002. ***
1.2.6.6 Special information and protection conditions
a) Information on modifications: In accordance with numeral 2.25 of the Distribution Code of
Combustible Gas by Networks CREG 067 of 1995, when the user makes modifications in
its facilities, it must immediately notify the distribution company that it is
supplying fuel gas at the time of the modification so that said
The modification is reviewed against the requirements established in section 1.2.6 of this Chapter.
Said notification and its proof of receipt must be made in writing.
* Resolution No. 39272 of December 2, 2002. Published in the Official Gazette No. 45,023 of December 6, 2002.
*** Resolution No. 14471 of May 14, 2002, established in number 1.2.6.5 that this obligation should be
fulfilled "within 2 months following the publication of this regulation." The Resolution was published in the
Official Gazette No. 44,803 of May 17, 2002.
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b) Offering a CO carbon monoxide detector device: As of August 22,
2002, ††† all constructor of installation for the supply of gas in residential buildings
and commercial must inform and offer, to each residential or commercial unit in which it is
locate a new installation that has at least one room in which the nominal power
combined aggregate of gas appliances is greater than 4.2 kW, the possibility of equipping it as
minimum with a carbon monoxide detector device. *
The same information must be provided by the controller or the distribution company in the
timeliness of the five-year periodic review of the facility; as well as by the installer
when additional appliances are installed. *
It will be up to the user to freely decide on the installation, or not, of one or more devices
carbon monoxide detectors, which should be located in the rooms where they are
Find the highest aggregate power rating of the installed appliances. The companies
Distributors must also inform about the possibility of equipping the installation with
*
said element.
Carbon monoxide detection devices may be marketed by any
person, subject to the provisions on quality and suitability contained in the Decree
3466 of 1982, and the other provisions on guarantees and information contained in this
Single Circular. *
For these purposes, it must be taken into account that they must guarantee continuous operation
and permanent, that the user can directly verify that the device works
correctly and that the CO concentration level in the environment at which the
warning mechanism is appropriate to the conditions of the room, location of the detector and
installed appliances, to prevent users from being subjected to CO concentrations and / or
combustible gases that affect your health and safety. *
1.2.6.7 Surveillance and Control and Penalty Regime
a) It is the responsibility of the Superintendency of Industry and Commerce to carry out the tasks of surveillance and control
of the provisions of numeral 1.2.6, in accordance with the provisions of Decrees 3466 of 1982,
2153 of 1992 and 2269 of 1993.
b) In accordance with the provisions of Articles 43 and 44 of Decree 3466 of 1982, in accordance with
With articles 23, 24 and 25 of the same decree, mayors may advance the actions
This obligation was established in Article 2 of Resolution No. 26308 of August 22, 2002, in which
provided that "As of the entry into force of this administrative act ...". Said Resolution was published in the
Official Gazette No. 44,910 of August 23, 2002.
* Resolution No. 26308 of August 22, 2002. Published in the Official Gazette No. 44,910 of August 23, 2002.
* Resolution No. 26308 of August 22, 2002. Published in the Official Gazette No. 44,910 of August 23, 2002.
†††

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administrative and impose the sanctions indicated in case of non-compliance with the
conditions of suitability and quality of goods and services; within such attribution they will exercise
also the control provided for in letter a) of numeral 1.2.6.3.4.2 of this Chapter.
c) Failure to comply with the provisions and instructions contained in this Circular will give
place to the sanctions provided for in the contentious-administrative code, the decrees 3466 of
1982, 2153 of 1992, 2269 of 1993 and other applicable regulations.
1.2.7 Computers
Blank space
1.2.8 Appliances * and Gas Appliances **
1.2.8.1 Definitions
For the purposes of this circular, it is understood by:
a) Appliances: *** They are appliances that use electrical energy or to carry out tasks
household, leisure activities, home care and personal care, etc.,
such as smoothing the clothes in the case of the irons, the frets to prepare a coffee, heating or
cooking food, washing or drying clothes, washing dishes, vacuuming dust, receiving signs of
image and sound and reproduce them, do computer work and reproduce them, etc.
home appliances use different components that can be electrical, mechanical,
electronic, technological or some that combine several of the above. Examples of
Appliances are: Refrigerators, washers, dryers, tower washers, dishwashers, stoves,
hoods, kitchens, ovens (electric, toasters, microwaves, etc.), vacuum cleaners,
Irons for clothes, coffee makers, kettles, frets, pots (rice cookers, steamers, fryers,
multipurpose, wook, foundue, etc.), juicers, blenders, blenders, mince all, toasters,
sandwich boxes, can openers, knives, televisions, video players (home theater, blu ray,
receiver system A / V, VHS, DVD, etc.) video projectors, computers (desktop,
laptops, etc.), multifunctional equipment, printers, game consoles, digital cameras,
video cameras, sound systems, minicomponents, radios, recorders, players
MP3, MP4, IPOD, IPAD, memories (USB, class, etc.), speakers, telephones (cordless,
cell phones, etc.) faxes, photocopiers, electric radiators, heaters, fans, air
conditioners, sewing machines, irons, and hair dryers, foot massagers,
shavers, epilators, etc.

* External Circular No. 004 of April 28, 2003. Published in the Official Gazette No. 45,182 of May 9, 2003.
** Resolution No. 9747 of May 4, 2005. Published in the Official Gazette No. 45,905 of May 11, 2005.
*** External Circular No. 018 of July 22, 2011. Published in the Official Gazette No. 48,142 of July 26, 2011.
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b) Producer's representative: Whoever acts on behalf of and on behalf of a
domestic or foreign producer of household appliances, parts, components or accessories
originals and in such virtue assumes the responsibilities of the latter.
c) Authorized service center : Who provides the maintenance, repair and / or

after-sales of household appliances, authorized by the manufacturer, assembler, importer or
respective producer representative.
d) After-sales service : Service that ensures:
• preventive and corrective maintenance,
• the fulfillment of the guarantee and
• replacement of spare parts, parts, pieces, components, accessories and supplies for
home appliances.
e) Gas Appliance: Appliance for domestic and / or commercial use, that works with fuel
*
gaseous.
1.2.8.2 Guarantee of quality, suitability and after-sales service
Regardless of whether the obligations indicated in the numerals
subsequent, the recipients of this circular will guarantee to the buyer that their products
meet advertised specifications or current market trends for appliances and
gas appliances, by granting a guarantee of quality, suitability and service of
after sales. In front of the consumer, the fulfillment of the terms of the guarantee is obligation
solidarity of all those who have intervened in the chain of production and distribution of the
household appliance or gas appliance. The consumer may make use of the quality guarantee,
suitability and after-sales service directly to the dealer or marketer or at
any of the channels established and authorized by the producer, importer or representative of
producer, regardless of the actions that whoever responds to the consumer has in front of
to the person responsible for the damage.
1.2.8.2.1 Warranty certificate
The recipients of this circular must have a written document, in Spanish at
legible handwriting, in which the terms of its guarantee of quality, suitability and service of
post-sale, which, as a minimum, will involve the standards set forth herein.
The guarantee certificate must be delivered to each purchaser, and contain at least:

*

Resolution No. 9747 of May 4, 2005. Published in the Official Gazette No. 45,905 of May 11, 2005
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- The identification of the producer or importer;
- The identification of the appliance or gas appliance with the necessary specifications for
its correct individualization;
- The conditions of validity of the guarantee and its validity period;
- The description of the parts of the appliance or gas appliance excluded from the guarantee;
- The conditions of attention of the guarantee and the after-sales service specifying the channels
established and authorized care where they can be made effective;
- Declaration of the time during which the supply of spare parts and supplies for the
proper functioning of the property.
Exclusions must be express and will always be understood strictly. The
Exclusions can only be with respect to the parts and pieces that usually suffer deterioration or
wear from the normal operation of the appliance or gas appliance.
1.2.8.2.2 Scope of the warranty
In development of the provisions of Article 29 of Decree 3466 of 1982 and without prejudice to the
obligation to exchange the good for another or return the money, in accordance with the provisions of the
Article 13 of the aforementioned decree, the guarantee of quality, suitability and after-sales service, commits
to its obliged persons with respect to electrical appliances and gas appliances in the manufacture of which,
import, distribution or sale has participated, at least in providing technical assistance,
repair and supply the necessary spare parts, parts, pieces and accessories that allow the
proper functioning of the appliance or gas appliance during the entire period that
protect the warranty at no cost to the consumer.
For the purposes provided in this numeral, producers, importers, representative of
Producer and vendors must have directly, or through service centers
authorized or vendors of spare parts, from a representative inventory of spare parts, parts and
parts with higher turnover and guarantee the timely supply of the remaining spare parts as well as
replacement units and supplies. In any case, producers, importers and representatives of
The producer must guarantee the timely supply of spare parts and pieces in all
cities in which they operate.
1.2.8.2.3 After-sales service
The after-sales service must be provided by every producer, importer or representative of
producer directly or through authorized service centers or by suppliers or
vendors and ensure, as a minimum, the following:
• Adequate and sufficient service centers to offer maintenance and repairs;
• Qualified, trained technical personnel and the minimum and specialized tools for the
models, references and services offered;
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• Ensure the availability or supply of spare parts, replacement units, parts, pieces,
accessories and supplies during the stay of the appliance or gas appliance in the
market, which guarantee its suitability.
1.2.8.2.4 Warranty term *
When the producer, distributor or retailer of an electrical appliance or a gas appliance does not
inform the consumer about the term of the minimum guarantee, referring to the conditions of
suitability and quality of the same and of the after-sales service, which covers the product by all
defects not attributable to the user and ensures the obligation to provide technical assistance
necessary for maintenance, it will be presumed that the term of said guarantee is twelve (12)
months, counted from the date of delivery of the appliance or gas appliance to the buyer
original. However, the producer, distributor or retailer who claims to have given a guarantee
for a term less than the twelve (12) months established here, you must prove that you reported the
term of the guarantee corresponding to the consumer and that he expressly accepted it.
1.2.8.3 Consumer protection mechanisms
1.2.8.3.1 Institutional mechanism
Producers, importers, producer representatives, suppliers or vendors and centers
authorized service providers must have an institutional mechanism for receiving and processing
attention to guarantees and supplies of spare parts, hereinafter PQR, duly documented.
Producers, importers and producer representatives must consider in accordance with the
type of contractual relationship that binds them, that authorized service centers and vendors
of spare parts have such a mechanism.
The institutional consumer service mechanism must, at least:
a) Have available and deliver to consumers in the household appliances sector and
gas appliances the listings with the printed information of the ordinary addresses and
electronic, telephone and fax numbers of the service centers that make up your network
authorized at the national level and the procedures applicable to the PQRs, without prejudice to the other
information deemed relevant. Likewise, they must be informed that the presentation
PQR does not have to be personal nor does it require the intervention of a lawyer.
b) Establish internal administrative procedures and forms necessary for the efficient
reception and processing of the PQRs, in the conditions that are intended for their reception. The
The procedure adopted and informed to the consumer must provide, in any case, the following:
*

External Circular No. 018 of July 22, 2011. Published in the Official Gazette No. 48,142 of July 26, 2011.
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- Immediate notification to the producer, importer or representative of the respective producer of the
PQR filed directly or through an authorized service center;
- The maximum time in which the PQR will be resolved;
- When the request is the return of the money or the change of the appliance or
gas appliance, the respective supplier or vendor must request the concept of the
producer, importer, producer representative or respective authorized service center.
If the requested concept has not been presented within three days, the supplier or vendor
decide how to make the guarantee effective in accordance with the rules that regulate the
matter;
- If the consumer considers that his PQR has not been satisfactorily resolved, he will be
will inform about the possibility of going to the competent authorities on the matter.
In the case, in which a consumer, is deprived of the use of the electrical appliance or gas appliance in
warranty for any cause related to its repair attributable to those responsible for
carry it out, for a term greater than the maximum time established in which the PQR should have been
resolved, the term of the guarantee granted will be automatically interrupted and the
said time as an extension of it.
1.2.8.3.2 Safety Mechanism for Gas Appliances.

*

Suppliers, importers and representatives of gas appliance products when they have
Serious indications that a failure in a system or subassembly, or a defect in a part or piece of
A gas appliance could threaten the health and life or safety of consumers, it must
report it in writing to the Superintendency of Industry and Commerce within two business days
following. In the same terms, the procedure and the estimated term must be reported in the
which will correct the fault or defect.
The procedure will be similar to the previous one, when the same failure or defect is the reason for the claim
in four percent (4%) of the gas appliances in circulation, having to provide the proposal
of the corrective measures adopted or that will be implemented for this purpose.
1.2.8.4 Monitoring and control mechanisms
For purposes of compliance with the provisions of this circular, the following must be observed
instructions:
1.2.8.4.1 Implementation
Producers, importers, producer, supplier or vendor representatives and centers of
Authorized services will adopt and implement the instructions established herein and will be
*

Resolution No. 9747 of May 4, 2005. Published in the Official Gazette No. 45,905 of May 11, 2005
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responsible for the observance and proper functioning of the mechanisms for the protection of
consumer.
Within 3 months after the validity of this circular, producers, importers,
producer representatives, authorized workshops and vendors, must adopt the actions and
schedules to follow to ensure the installation of the institutional customer service mechanism
and compliance with the other instructions given.
Each producer, importer, producer representative and retailers, must designate a
"Institutional Responsible" official, in charge of the implementation and compliance with the
established and to ensure the availability of the material, administrative and economic means
to comply with the established schedules. Evidence of the above, you must
remain at the disposal of the Consumer Protection Delegation, in the same way
contained in literals a) and b) of section 1.2.8.3.1.
The full implementation of the provisions of this circular must have been completed in 6 months,
counted from its entry into force.
1.2.8.4.2 Information available
Within 3 months after the validity of this circular, producers, importers,
Producer, supplier and vendor representatives must keep at the disposal of the
Consumer Protection Delegation:
a) Copy of the document containing the instructions and guidelines that define the
actions and schedules to follow, as well as the "institutional manager" for its authorized network,
in the terms of the third paragraph of numeral 1.2.8.4.1 of this circular;
b) Internal administrative procedures and PQR submission forms for each
one of the procedures to be completed in your authorized network;
c) List of suppliers or vendors and service workshops that make up your network
authorized at the national level, indicating the address and name of the owner and / or legal representative.
1.2.9 Term of the minimum guarantee for non-perishable products *
As a general rule, when the producer, distributor or vendor of a non-perishable product does not
inform the consumer about the term of the minimum guarantee, referring to the conditions of
suitability and quality of the same and of the after-sales service, which covers the product by all
defects not attributable to the user and ensures the obligation to provide technical assistance

*

External Circular No. 018 of July 22, 2011. Published in the Official Gazette No. 48,142 of July 26, 2011.
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necessary for maintenance, it will be presumed that the term of said guarantee is twelve (12)
months, counted from the date of delivery of the product to the original purchaser. However, the
producer, distributor or retailer who claims to have given a guarantee for a shorter term, at the
of the twelve (12) months established here, you must prove that you reported the term of the warranty
corresponding to the consumer and that he expressly accepted it.
Notwithstanding the foregoing, for the following products, the term of said guarantee will be presumed
at least under the following conditions:
1. For flats, for twelve (12) months from the date of delivery to the buyer.
original.
2. For furniture and fixtures, for twelve (12) months from the date of delivery to the
original purchaser.
3. For spare parts (for vehicles and motorcycles), for twelve (12) months from the date of
its delivery to the original purchaser.
4. For tires, for six (6) months from the date of delivery to the buyer.
original.
5. For frames and lenses, for six (6) months from the date of delivery to the
original purchaser.
6. For footwear, for two (2) months from the date of delivery to the buyer.
original.
CHAPTER TWO INFORMATION TO THE CONSUMER
2.1

Consumer information and commercial advertising *

In accordance with the provisions of Decree 3466 of 1982, trademarks, legends, advertisements
commercial and, in general, all advertising and information provided to the consumer about
the components, properties, nature, origin, mode of manufacture, uses, volume, weight or
measurement, prices, form of use, characteristics, quality, suitability and quantity of the products or
services promoted and the incentives offered, must be true, verifiable, sufficient and not
must mislead or be able to mislead the consumer about the activity, products and services and
establishments.
Therefore, the following criteria must be taken into account among others:
2.1.1 Misleading information
It is considered misleading information, commercial advertising, brand or legend that of any
manner, including its presentation, misleads or is likely to mislead consumers or
* External Circular No. 011 of May 9, 2002. Published in the Official Gazette No. 44,802 of May 16, 2002.
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people to whom it is addressed or affects and who, due to its deceptive nature, may affect their
economic behavior.
2.1.1.1 Elements
To determine if the commercial propaganda, brand or legend or in general any form of
Advertising is misleading, the following elements will be taken into account, among others:
a) The indications on the characteristics of the goods or services, such as their availability,
nature, execution, composition, procedure and date of manufacture or provision,
its appropriate or suitable nature, uses, quantity, specifications, geographical origin or
commercial or the results that can be expected from its use or the results and
essential characteristics of the tests or controls carried out on the goods or services.
b) The price or its method of fixing and the conditions of supply of goods or provision of
services.
c) The nature, characteristics and rights of the advertiser, such as their identity and their
heritage, their qualifications and their industrial, commercial or intellectual property rights, or
the awards you have received or your distinctions.
2.1.1.2 Criteria
For the purposes of the provisions of articles 14, 15, 16 and 17 of Decree 3466 of 1982, or of the
rules that modify, complement or replace them, it will be understood that the information or
Commercial propaganda is misleading, among other cases when:
a) Information necessary for a proper understanding of commercial advertising is omitted.
b) When the essential information for the proper handling, maintenance, form of
employment, use of the good and / or service as well as precautions about possible risks, do not be in
Spanish language.
When a Technical Regulation establishes the obligation to provide information to consumers,
It must come in its entirety in Spanish.
Information is considered sufficient when represented by symbols
internationally recognized and / or in words that by custom are fully
recognized by consumers in terms of their meaning or application.

*

*

External Circular No. 004 of February 14, 2011. Published in the Official Gazette No. 47,985 February 16, 2011.
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c) Mechanisms are established to transfer the costs of the incentive to the consumer so that
this cannot be easily noticed, such as when the quality or quantity of the
product or service or its price is increased, among others.
d) Information on restrictions, limitations, exceptions and additional conditions for the
acquisition of the product or service, is not included in commercial advertising and has no similar
notoriety when offering the product or service that is advertised.
e) Products or incentives are offered with deficiencies or imperfect, used, remanufactured,
remodeled or rebuilt, soon to expire and from collections or previous models without
indicate such circumstances clearly and precisely in commercial advertising.
f) Products, services or incentives are offered free of charge when the delivery of the
themselves is subject to the fulfillment of some condition by the consumer that does not
It is indicated in commercial advertising.
2.1.2 Commercial advertising
For purposes of compliance with the requirements of truthfulness, sufficiency and not misleading the
consumer the following instructions are given for some special cases of advertising
commercial.
2.1.2.1 Commercial advertising with incentives
Commercial advertising with incentives is understood to be any advertisement directed to the general public or to
a specific sector of the population, in which the commercialization of
products or services under more favorable conditions than the usual ones, which may consist of
in the offer through any means of dissemination or advertising system of raffles,
raffles, coupons, vouchers, photos, figures, posters, images or any other type of representation of
people, animals or things, money or any retribution in kind, in order to induce or
make the purchase of a particular product or service more attractive.
The most favorable conditions are not understood as commercial propaganda with incentives
obtained individually as a result of direct negotiation from the consumer.
Below are some technical and legal criteria for the full application of the
requirements of truthfulness, sufficiency and not induction to error demanded by the legislator.
a) Minimum information
i. Identification of the promoted product or service and the incentive offered indicating its
quantity and quality.

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ii. Requirements and conditions for delivery, such as if it is not cumulative with other
incentives, if the amount per person is limited, etc.
iii. Term or validity of the incentive, indicating the exact date of initiation and termination of the
herself.
iv. Commercial name or company name of the offeror.
v. Expenses, discounts, withholdings, taxes, deductions and, in general, the costs to
consumer's charge for the delivery of the incentive, if applicable.
saw. If images of the products or incentives are used in the commercial advertising, the
Items delivered must have the same characteristics as those presented in the
commercial propaganda.
vii. If the incentive is a discount generally offered to the public or sector
determined, the commercial advertising must expressly indicate the amount or
percentage, except when the discounts are different and apply to several products
case in which the minimum and maximum amounts or percentages granted may be indicated.
b) Induction to error
Without prejudice to the power that exists to freely indicate the price of products and services
not subject to a control regime, it will be understood that it is misled when:
i. Simultaneously with the offer of the incentive and up to six months after the withdrawal of the
offering these increases the price of the good or service, or
ii. Incentives are offered within the month following the increase in the price of the good or service whose
acquisition is promoted.

c) Exhaustion of incentives
In accordance with the provisions of Article 16 of Decree 3466 of 1982 in commercial advertising with
Incentives must indicate the “exact date until which the offer of the incentives will be valid”.

In cases where the delivery of the product, service or incentive is conditioned on the availability of
inventories or stocks, in addition to the indication of the effective date required in the aforementioned
Article 16 must indicate the number of products, services and incentives available.
When the products, services or incentives offered before the effective date are exhausted
announced in commercial advertising, the public must be warned of this circumstance by
noticeable notices in the establishment and commercial advertising suspended immediately.
In addition to what is stated in the previous paragraph, if stocks are depleted with more than three (3) missing
days to end the period of validity of commercial advertising, in accordance with the provisions of the
Article 32 of Decree 3466 of 1982, it must be corrected by taking the necessary measures
to avoid misleading or causing harm or damage to consumers. In this sense,

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the exhaustion of products, services or incentives must be announced in a proportional manner and
appropriate to the initial conditions of dissemination of commercial propaganda and the remaining period of
validity.
2.1.2.2 Commercial price advertising
If the price of the product or service is indicated in the commercial advertising, it must be taken into account
following:
a) The price must correspond to the total price of the product, including taxes or any charges
in addition to where appropriate and be announced in a clear, visible and legible manner.
b) When it is stated that the price of the product or service is the cheapest, the lowest price or the
cheaper or compared with the market price of other establishments or companies,
Said information must have the pertinent documentary supports.
c) When it is announced that the goods are sold at cost or at factory price, the price shall
correspond to the cost of sale, in accordance with the description defined in class 6 “Cost of
Sales ”of the Single Plan of Accounts for Merchants established in Decree 2650 of
1993, plus any applicable taxes.
d) When in the commercial advertising the sale of products or services is offered in term
through financing systems and information on the cost of the same is included, it will be
It is necessary to indicate the effective annual interest rate that is applied. If financing is not
granted by the offeror, this circumstance must be indicated and the name of the person who
grants.
e) It is considered that the consumer is misled when comparing the new price with the
old and the latter is greater and has been increased during the month prior to the date on which the
the announcement is made.
2.1.2.3 Commercial advertising with images
In commercial advertising with images, the following must be observed:
a) The image of the product or service used in commercial advertising must correspond to
that of the promoted product or service.
b) The quantity of the product that appears in the commercial advertisement must correspond to the quantity
effectively contains the packaging of the promoted product.

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c) In catalog sales, the characteristics and dimensions or measurements of the
products.
2.1.2.4 Commercial advertising of products harmful to health
Without prejudice to compliance with the requirements indicated in the law for specific products, such as
for example tobacco and alcoholic beverages, in commercial advertising for harmful products
health or that involve risks to it, it must be clearly warned about its
harmfulness or dangerousness and indicate the need to consult the conditions for its correct use and
contraindications, which according to the provisions of Decree 3466 of 1982 must be reported
on the labels, containers or packaging, or in annexes that are included within these.
2.1.2.5 Automotive commercial advertising
When in the commercial advertising used by dealers, workshops and dealers of
authorized spare parts of the automotive sector, involve in one way or another the producers,
assemblers, importers or respective producer representatives, the latter must
provide and ensure compliance with a regulation that contains the specific guidelines
on the way in which the commercial advertising, offer, promotion, discount or incentive directed to the
public must be presented to the consumer.
The regulation adopted by the manufacturer, assembler, importer or producer representative
corresponding in each particular case, must be attached to the information referred to in Title II
Chapter I numeral 1.2.2.4.6 of this Circular.
2.1.2.6 Comparative commercial advertising
Comparative commercial propaganda is understood to be one in which explicit or
implicitly to a competitor or to goods or services offered by a competitor in a way that
a confrontation is made between the activity, the commercial benefits, services or the
own or third-party establishment with those of a third party. Comparison or confrontation may not
refer to extremes that are not analogous, nor verifiable, nor use indications or statements
incorrect or false, or omit the true ones.
For the full application of the requirements indicated in the law, some of the following are indicated
technical and legal criteria applicable to comparative commercial advertising:
a) The comparison must be between goods, services or establishments that satisfy the same
needs or have the same purpose.

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b) The comparison must refer to objective or verifiable characteristics of the activities, the
establishments and goods or services, therefore it must be carried out between one or more
essential, pertinent, verifiable and representative characteristics thereof. The judgments
or subjective appraisals do not constitute a valid term of comparison before the consumer
since they correspond to the personal statement of the person issuing the judgment.
c) The real characteristics of the activities, establishments, products and
services that are compared and may not be misled about them.
d) The extremes are considered to be non-analogous and misleading when compared
activities, establishments, products and services of different qualities without indicating their price,
or in cases where the price is reported and the difference in quality is not warned.
2.2 Supervisory mechanisms and administrative measures *
2.2.1 Available information
Without prejudice to the provisions of commercial regulations, advertisers, producers, importers
and merchants must keep at the disposal of the Superintendency of Industry and Commerce the
information and documentation related to commercial advertising for a term not less than three
years from the date of its last publication, and in any case the following:
a) Copy of the commercial advertising used, that is, of the advertisement, brochure, flyer, video,
cassette, label, packaging and in general the means of diffusion or advertising system used.
b) Written proof of the owner of the establishment or legal representative of the person
in which you state that you have verified compliance with the rules that regulate the
commercial propaganda and especially that established the veracity of the information contained in
the same with the reality of the product or service offered.

c) In the case of commercial advertising with incentives, additionally, the
Next information:
i. Report that reflects the changes in the price of the product or service in the
establishment or company that carries out commercial advertising, from the month prior to
the use of the same and up to six months after the withdrawal of the incentive.
ii. Documents that certify the delivery of the incentives.

* External Circular No. 011 of May 9, 2002. Published in the Official Gazette No. 44,802 of May 16, 2002.
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d) When the advertiser, producer, importer or merchant has been sanctioned for violation
to the provisions relating to commercial advertising, you must implement in the company or
establishment of administrative mechanisms to control that commercial propaganda
used complies with the requirements of truthfulness, sufficiency and non-induction of error indicated in
the law, which must be reported to the Superintendency within the month following the
date the decision is final.
2.2.2 Administrative measures
Without prejudice to the penalties contemplated in the penal code for misleading offers of
knowledge products and services of criminal judges, the Superintendency of Industry and
Commerce may adopt the following measures:
a) Order the correction of commercial advertising.
b) Order the necessary measures to prevent errors from being incurred again or causing
harm to consumers.
2.3 Public price information
Article 18 of Decree 3466 of 1982 provides that every supplier or vendor is obliged to
set the maximum prices to the public of the goods or services offered. Consequently, still
When in general there is freedom of prices, every supplier or vendor is obliged to
set the maximum prices to the public of goods and services, according to the regulations of the
competent authority or, in the absence thereof, according to its possibilities or convenience, in the goods
themselves, in gondolas, shelves or shelves.
2.3.1 Public price indication systems
In any information system on prices directed to consumers, the
total price of the product, which will include any additional charge or tax that may arise, without
prejudice to their discrimination in invoices in accordance with tax provisions.
The public indication of prices can be done on lists, on the goods themselves, on gondolas,
shelves or shelves.
2.3.2 Indication of prices per unit of measure (PUM) and availability of "returns"
2.3.2.1 Definitions.
For the purposes of this paragraph, it is understood by:

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a) Unit of measurement: Magnitude of mass, volume or length in which the quantity of a
well. The unit of mass is the kilogram, the unit of volume is the liter and the unit of length is the meter.
b) Price per unit of measure (PUM): Figure in pesos resulting from dividing the total price of each
either by the net quantity of mass, volume or corresponding length.
c) Large warehouse: Any commercial establishment that sells mass consumer goods at retail
and whose bimonthly gross income is equal to or greater than three thousand (3,000) minimum wages
current monthly legal regulations, such as chain stores, department stores,
*
supermarkets and hypermarkets.
To determine the gross income, all the income of the
establishments of the same large warehouse and the two-month periods will be counted as indicated for the
presentation of the industry and commerce tax. The entity that acquires the
large warehouse condition, it will be kept for six (6) more two-month periods, counted from the
last in which their sales had so determined.
d) Goods by measure: The goods that are packed at the time of purchase and whose price is
determined based on mass, volume or length and those prepackaged when the
intensity, degree or amount of consumption depends on the mass, volume or length.
2.3.2.2 PUM indication.
Department stores must indicate the PUM for each good by measure that they offer to the public.
For this purpose, the following rules will be taken into account:
a) The obligation contained in this numeral may be fulfilled by indicating the PUM in
the goods themselves, in their packaging, labels, stickers, containers or in the gondolas or
shelves on which the product is displayed, regardless of how the product is
relation to the total price.
b) The PUM must be legible for the consumer. For this purpose, the height of the characters in the
PUM may not be less than fifty percent (50%) of the height of the price characters
total sale. In any case, when the PUM is fixed on a gondola, shelf or shelf, the height of the
all its characters may not be less than three (3) millimeters.
c) Exceptionally, the PUM indication may be expressed using units of mass, volume
or lengths different from those indicated in literal a) of numeral 2.3.2.1 above, always and
*

External Circular No. 005 of February 23, 2011. Published in Official Gazette No. 47,994 of February 25, 2011.

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when: It is done identically for all products of the same genre; the shape
selected make it easy to compare prices by unit of measure; and, the unit used is
multiple or submultiple of the units of the international system of units, according to the
tables included in Title VII relative to Metrology.
Until December 31, 2001, department stores may indicate the PUM using as
unit of measure the pound, as long as next to it it appears in a clear, unmistakable way
and in larger characters, the PUM according to the international system of units
applicable in Colombia.
d) In promotions and combos. *
i. In promotions: When a promotion involves an extra content, extra product, a
gift or discount, the indication of the PUM should only be made with respect to the
base product and quantity to which the offer accesses.
ii. In combos: When several products are sold together as a "combo" type, it will be indicated
a single total price equivalent to the sum of the prices of each good and, with respect to each
product, its respective price per unit of measure will be indicated individually, this
The rule is applicable only in cases where the same establishment sells the
Combo products individually in the same built-in presentation
in this.
iii. The anchors are excluded from the obligation to indicate the PUM for the products that
make up the same, without prejudice to informing the price of each product and the value that
You will pay for the accessories that make up the rack.
e) In relation to the products offered in the existing delikatessen areas within the
warehouses, if the definitions contained in numeral 2.3.2.1 and their
subdivisions, the same is applicable to them.
f) For the products offered in the cafeterias of the warehouses, the indication of the
PUM. The indication of prices of said products must comply with the provisions
for the sale of food and / or beverages in numeral 2.4 of this title.
2.3.2.3 Application schedule
As of August 1, 2000, 20% of department store outlets must be
indicate to the public the PUM in the manner established in this chapter of the following products: Rice,
sugar, lentils, chickpeas, peas, beans, corn, broad beans, panela, butter, margarine, fats and oils
edibles, barley, wheat, flours, starches, chocolate, coffee, salt and seasonings, pasta,

* External Circular No. 04 of March 11, 2002. Published in the Official Gazette No. 44,739 of March 14, 2002.
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soft drinks, beers, juices and soft drinks, milk and its derivatives, meat, fish and seafood, water
drinking, tomato sauce and pasta and mayonnaise, fruits and vegetables.
As of December 31, 2000, 30% of department store outlets
must indicate to the public the PUM in the manner established in this chapter, regarding the
commodities provided for in the immediately preceding paragraph.
As of June 30, 2001, 50% of department store outlets will have to
indicate to the public the price per unit of measure, in the manner established in this chapter, as
to the basic products provided for in the first paragraph of this numeral.
As of December 31, 2001, 100% of department store outlets
must indicate to the public the PUM in the manner established in this chapter, regarding all
goods that can be sold by unit of measure.
As of June 30, 2003, anyone who offers the public goods by measure, other than those
indicated in the previous paragraphs, they must indicate the PUM in the manner established in this chapter. *
The goods listed below are exempt from indicating the price per unit of measure: *

•

Cosmetics
For this purpose, the following shall be understood:
• Cosmetics for the eye area
- Eyelashes
- Eyeliners
- Creams
- Gels
- Shadows
- Pencils
• Skin cosmetics
- Creams
- Cleaners
- Nutritious
- Moisturizers
- Protectors for daily use
- Hands and body
- At night
• Powders
- Facials: loose and compact
- Body powders
- Powders in suspension
* External Circular No. 15 of June 15, 2002. Published in the Official Gazette No. 44,849 of June 28, 2002.
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- blushes
• Tonic and astringent lotions
• Products for before and after shaving
- Foams
- Soaps
- Lotions
- Gels
• Sunscreen, tanning and self-tanning products
• Products for localized weight loss and massages
• Facial masks
• Exfoliating products Depilatory products
- Waxes
- Creams
• Cosmetics for the lips
- Lipstick
- Eyeliners
- Protectors
- Shines
- Pencils
• Hair cosmetics
Tinctures
- Products for waving, straightening and lightening hair
- Shampoos
- Conditioners
- Glitter
- Fixers
- Rinses or rinses
- Toners, massages, hair masks and hair treatments in general
- Shampoo and conditioner in one
• Nail cosmetics
- Enamels
- Hardeners
- Removers and solvents
- Creams
• Perfumery products
- Eau de cologne
- Cologne
- Lotion
- Tiolette water

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- Fragrance
- Excerpts
- Cream
- Oil
• Snacks
• Different products contained in a single package when it is necessary to prepare the mixture
2.3.2.4 Availability of "laps"
To fix the price to the public, denominations in legal tender must be used.
It will be the responsibility of the establishment to have the necessary names for
supply the consumer with the correct change. In no case may the change be less than that
dump the bill.
This obligation is effective as of June 1, 2000.
2.3.2.5 Monitoring mechanisms
For purposes of compliance with the provisions of paragraphs 2.3.2 and following, the
observe the following instructions:
2.3.2.5.1 Initial information
Department stores must internally adopt the necessary measures to ensure that they are
ensure compliance with the provisions of paragraphs 2.3.2.2 and following, no later than the 15th
June 2000.
Within the policies defined by each large warehouse to comply with the instructions,
the use of multiples and submultiples of the selected unit of measure must be justified
to announce the prices, which must be identical for all the products of the same
gender. The aspect should be included in the reports that of these policies should be related to this
Superintendence.
The body with competence to adopt the decision must pronounce at least for
point:
a) Institutional criteria to permanently comply with the provisions.
b) Operating procedure to be followed in each establishment open to the public to give
permanent compliance with the provisions.

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c) Schedule to be followed to implement what was agreed in relation to points a) and b)
previous.
d) Appointment of an official responsible for the implementation and fulfillment of the points
a), b) and c) above at the entity level, “institutional compliance officer”, and one in
each establishment open to the public, “local compliance officer”.
e) Procedure, site, schedule, forms and other aspects necessary to make the
direct complaints from consumers in relation to the issues addressed by this
chapter.
A report authorized by the board of directors, if it exists, on the manner in which the
contemplated in this number must be reported to the Delegate Superintendent for the Protection of the
Consumer, June 15, 2000 at the latest.
Each large warehouse will be responsible for complying with its own procedure, verified the
adjustments to be made in response to the instructions of the Delegate Superintendent for
Consumer Protection.
2.3.2.5.2 Sporadic information *
Department stores must inform the Deputy Superintendent for the Protection of the
Consumer the modifications that are introduced to the adopted schemes in accordance with
indicated in the previous subnumeral, as well as the deviations that may have occurred, the
responsible for the anomaly and the corrective measures adopted, within the month following its occurrence.
Said report must be certified by the legal representative, the institutional representative and the fiscal auditor.
2.3.2.5.3 (Deleted) *
2.3.2.6 Notice of Compliance
The following text must be kept in each establishment open to the public of the large
warehouses, so that it is legible with the naked eye from all registers or boxes:
“By order of the Superintendency of Industry and Commerce , this
The establishment must inform the public, in addition to the value of each item, the
price per unit of measure, that is, how many pesos are paid for each kilogram,
liter or meter, of the goods it offers. Likewise, this establishment must have
with the necessary denominations to give the consumer the change or "returns"
correct and, in no case, the change may be less than the one shown by the account.
* Resolution No. 31713 of November 19, 2003. Published in the Official Gazette 45,382 of November 25, 2003.
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As responsible for compliance with these provisions has been designated
(name of the local compliance officer) who will address your concerns and
claims. In case of persisting non-compliance, we appreciate informing 9 800
910165. "
Notwithstanding the foregoing, as of June 15, 2000, and at all points of sale, you must
keep the following text legible to the naked eye from all registers or boxes:
“By order of the Superintendency of Industry and Commerce , this
establishment must have the necessary designations to give the
consumer the correct change or "returns" and, in no case, the change may be
lower than the one shown by the account. As responsible for compliance with these
provisions has been appointed (name of local compliance officer)
who will attend to your concerns and claims. In case of persisting non-compliance,
We appreciate informing 9 800 910165 '"
In the text of the notices where the number 9800910165 of the Superintendency of Industry and
Commerce, it should be clarified that it only operates at the national level and excludes Bogotá, DC from its
coverage, for this reason the number 4049044 ‡‡‡ will be used for this city to receive
any claim. *
2.4 Sales of food and / or drinks
The sale price to the public of each of the products that are sold in the establishments
for the consumption of food and / or beverages must be informed through the list system, set in
a sufficiently visible place for consumers.

Additionally, letters can be used in which the price of the product must also be indicated.
each of the products that are sold, which must always coincide with the one set in the
respective list.

2.4.1 Voluntary tip
The tip corresponds to a payment for the service provided and a token of appreciation
by the way in which he was cared for by a certain person, who is in charge of the service in

New citizen service line in Bogotá 5920400 PBX: 5870000 Ext. 1190/1191
* External Circular No. 04 of March 11, 2002. Published in the Official Gazette No. 44,739 of March 4, 2002.

‡‡‡

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establishments for the consumption of food and / or beverages. The tip is voluntary,
so it is up to the consumer's decision to pay or not.
The determination of the consumer not to pay the tip or to modify its amount when it is
is suggested, it can be adopted at any time, even after the invoice has been issued.
sale, if the customer was not asked in advance of its dispatch, in accordance with the provisions of the
numeral 2.4.2. of this circular. *
2.4.2. Obligation to inform about the voluntary nature of the tip **
The owners and managers of establishments for the consumption of food and beverages
(Restaurants, bars, social or cultural clubs, grills, discos, coffee shops and the like) must
inform consumers about the voluntary nature of the tip and the corresponding right that
assists in not paying it or modifying its amount when it is suggested to them, through posted notices
at the entrance of the commercial establishment with adequate size and location so that it is
visible to consumers who enter, and in the letters and price lists that are delivered to the
consumers, with the following text:
“ TIP WARNING : Consumers are informed that this establishment of
Commerce suggests to its consumers a tip corresponding to XX% (indicate the
suggested percentage) of the account value, which may be accepted, rejected or
modified by you, in accordance with your assessment of the service provided. At the time of
request the account, tell the person who attends you if you want said value to be or not
included in the bill or indicate the value you want to tip.
In case you have any problems with the collection of the tip, please contact the
Attention Line of the Superintendency of Industry and Commerce to file your
complaint, Tel: 6513240 In Bogotá §§§ , for the rest of the country 's national toll - free:
018000-910165 "
Without prejudice to the obligation to fix the notices indicated in this paragraph, it must be
ask the consumer at the time of requesting the settlement of his account to state if he chooses
whether or not to pay the tip or to pay a different amount than suggested.

2.4.3. Obligation to issue the sales invoice ***
External Circular No. 015 of 2011. Published in the Official Gazette No. 48,094 of June 8, 2011.
** External Circular No. 015 of 2011. Published in the Official Gazette No. 48,094 of June 8, 2011.
§§§ New citizen service line in Bogotá PBX: 5870000 Ext. 1190/1191
*** External Circular No. 015 of 2011. Published in the Official Gazette No. 48,094 of June 8, 2011.
*

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The owners and managers of establishments for the consumption of food and beverages
(Restaurants, bars, social or cultural clubs, grills, discos, coffee shops and the like) are in
the legal obligation to issue the sales invoice or equivalent document in accordance with the
current legal provisions on the matter.
2.5 Medicine sales

*

2.5.1 General rule
The pricing of the drugs should be done by indicating on the packaging,
the container or the body of the good or on labels attached to any of them.
This obligation corresponds to the supplier or dealer who offers the drugs to the public,
among them, chain stores, family compensation funds, drugstores and drugstores in
general.
Except from the general rule, those medicines freely accessible to the public in which
use a barcode on the container, packaging, body of the good or by means of labels attached to
the goods, in which case, the supplier or vendor may indicate the price on the gondola, shelf
or shelf where the goods are located.
When the sale of medicines is not freely accessible to the public, being carried out through the
type of pharmacy attended, the vendor may choose to indicate the price to the consumer
through the screen of a verifier and / or electronic reader, which using POS technology or its
equivalent, process the information from the barcode printed or attached to the container, packaging, or
in the body of the medicine.
The price informed to the consumer through the modalities described above, must be clear and
legible and must match the one actually charged to the consumer. In case of
inconsistency, the consumer will be entitled to pay the lower price.

2.5.2 Regarding the PUM
The indication of the PUM only applies to medicines freely accessible to the public, as long as
when said products correspond to the definition of goods per unit of measure established
in numeral 2.3.2.1 of this title.
*

Resolution No. 34460 of December 4, 2003. Published in the Official Gazette 45,399 of December 12, 2003.
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2.6 Unique form for the preparation of reports of civic police officers * *
Adopt as a single format for the practice of proceedings of civic police officers,
belonging to any consumer league or association, form N ° 3000-F02 (02-11-08)
contained in annex number 1.8 of this Circular.
For the practice of all diligence carried out by any civic police officer, it will be necessary
to fill out the respective form prepared by the Superintendency of Industry and
Commerce.
2.7 Refrigerators and freezers for domestic use *
2.7.1 Scope
The requirements established in numeral 2.7 apply to the following products for use
domestic: refrigerators with or without low-temperature compartment, appliances for
store frozen food and food freezer. The established requirements will be
required for those products that are marketed in the national territory from the first
(1) October 2003.
2.7.2 Definitions
To comply with the instructions issued in numeral 2.7, the following must be applied
definitions:
a) Gross volume: It is the total volume within the interior walls of the appliance, or of a
compartment with external door, without internal accessories, the doors or covers being
closed.
The gross volume is calculated by subtracting from the total volume, the volume occupied by
accessories such as air ducts, evaporator, fan and other associated accessories.
b) Gross nominal volume: It is the gross volume declared by the manufacturer.
c) Storage volume: Part of the gross volume of any compartment that is left over
after deduction of the volume of spaces recognized as unusable for the
food storage.

* * This numeral was added to the Sole Circular by Resolution No. 33265 of October 22, 2002, which at its
It was once modified by Resolution No. 40462 of December 18, 2002, ”published in the Official Gazette No. 45.047 of the
December 28, 2002.
* Resolution No. 19629 of July 15, 2003. Published in the Official Gazette 45,252 of July 18, 2003.
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d) Total storage volume: It is the sum of the storage volumes of the
compartments for storing fresh food, refrigerator compartment, compartment
to preserve vegetables, low temperature compartment, even if its doors are
independent.
e) Total nominal storage volume: It is the total declared storage volume
by the manufacturer.
f) Compartment for storage of fresh food: It is the one provided for the
storage of non-frozen food, which in turn can be divided into
sub-compartments, where temperatures can be maintained according to table 1
of numeral 2.7.3.
g) Compartment to preserve vegetables: Compartment designed to store food
individuals or drinks at a temperature higher than that of the behavior for food
cool, and in which temperatures can be maintained according to table 1 of numeral
2.7.3.
h) Low temperature compartment: This can be:
- For ice making, or
- To store frozen food.
A refrigerator can have one or more low-temperature compartments.
Alternatively it may not have a low temperature compartment.
i) Compartment for making ice: One specifically designed to freeze water and
store ice.
j) Compartment for the storage of frozen food: The one provided
specifically for the storage of frozen foods. They are classified according to
its storage temperature, as follows:
- Compartment "one star": The one in which the storage temperature has a
minimum cooling of -6 ºC.
- Compartment "two stars": The one in which the storage temperature has a
minimum cooling of -12 ºC.

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- Compartment "three stars": The one in which the storage temperature has a
minimum cooling of -18 ºC.
- Section "two stars": Part of a compartment for storage of frozen food
or a “three-star” compartment, which is not independent (that is, it does not have its own
own lid or door for individual access), in which the storage temperature does not
exceeds -12 ºC.
k) Refrigerator compartment: Compartment specifically designed to store food
highly perishable, in which temperatures can be maintained between -2 ºC and +3 ºC.
l) Compartment for freezing food: The one suitable for freezing food and for the
storage of frozen foods under storage conditions of "three
stars "
m) Frost-free system: One in which cooling is provided by the circulation of
forced air and the evaporator (s) is / are defrosted by an automatic system.
The characteristics of the frost-free system are:
- The system is operated automatically to prevent permanent frost formation on
all internal surfaces of the appliance.
- No ice or frost builds up on stored food.
- Storage temperatures in the fresh food compartment, compartment
to store frozen foods and in the cellar (if any), they are kept within the
limits specified in the definitions contained in this numeral 2.7.
- The defrosting water is automatically drained.

n) Domestic refrigerator (also called “refrigerator”): Insulated cabinet with equipment and
volume suitable for domestic use, cooled by one or more energy sources, and with one or more
more compartments provided for food preservation, at least one of them
suitable for storing fresh food.
o) Domestic refrigerator without frost: One that has a system without frost, with
compartment for the preservation or storage of fresh food and / or compartment
low temperature.

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p) Household frost-free refrigerator-freezer (also called “refrigerator
freezer ”): A frost-free appliance that has at least one compartment for storing
fresh food and one for freezing food.
q) Household appliance without frost to store frozen food (called "appliance
for storing frozen food ”): Frost-free appliance with one or more
compartments, which is (are) appropriate for food storage
frozen under "three star" storage conditions.
r) Frost-free household food freezer (referred to as “food freezer”):
Frost-free appliance with one or more compartments suitable for freezing.
s) Climate class: Corresponds to the aptitude with respect to the capacity of the products to
operate in the extreme ambient temperatures in which the products have been intended
to use and therefore the required storage compartment temperatures
must be met.
Climate classes are defined as follows:
Class

Symbol Ambient temperature range in degrees Celsius in which it is
intended to use the appliances and for which the
required storage temperatures (see letter d, numeral 2.7.3)

YN
N
ST
T

Extended temperate
Temperate
Subtropical
Tropical

+10 to +32
+16 to +32
+18 to +38
+18 to +43

t) Refrigerant: Fluid used to transfer heat in a refrigeration system, which
absorbs heat at low fluid pressure and temperature and releases heat at high fluid pressure
temperature and a high pressure of the fluid, usually involving changes of state of the fluid.
u) Refrigeration system : Closed system that using a refrigerant achieves by transfer
heat the temperatures corresponding to each compartment of the products described in
the scope of this numeral.
2.7.3 Specific requirements
a) Each product corresponding to numeral 2.7.1, whether imported or produced domestically,
must be attached or printed, both on its labeling, on its packaging and / or packaging, as well as on
any means of information that is provided to consumers, permanently and

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on a place easily visible to the consumer, in Spanish, at least the following
information:
- Gross nominal volume expressed in accordance with the international system of units.
- Total nominal volume of storage expressed in accordance with the international system of
units.
- Climate class for which the product was manufactured
- Type and quantity of refrigerant expressed in accordance with the international system of units.
- System without frost (when applicable) or without this system.
b) The volumes that the previous paragraph deals with, measured by the surveillance and control authority, do not
They must be less than the nominal volume by more than three percent (3%).
c) The distributors and vendors of the products corresponding to numeral 2.7.1. must
provide the information of the products exhibited to the public, related in literal a), of
this numeral.
d) Each product determined for a climate class must comply, at the time of verification
by the surveillance and control authority, with the temperature parameters established in the
definitions of numeral 2.7.2 of this resolution, and those corresponding to the parameters
established in table 1.
Table 1
Temperature Class Compartment for
from
ura
store food
Ambient climate 1
fresh

t1,t2,t3

Shared
I lie
frozen
ry from
"three
stars "
tm,
max

Shared
I lie and
sections of
"two
stars "

t ***

Shared
lie of
"a star"

t **

t*

Shared
I lie for
keep
vegetables

Compartment
Fridge

Tcm

tm, max

YN

+10 to
+32

0 <t 1 , t 2 , t 3 <+10 +5

≤-18

≤-12

≤-6

+8 <tcm <+14 -2 <tm, max <+3

N

+16 to
+32

0 <t 1 , t 2 , t 3 <+10 +5

≤-18

≤-12

≤-6

+8 <tcm <+14 -2 <tm, max <+3

ST

+18 to
+38

0 <t 1 , t 2 , t 3 <+10 +5

≤-18

≤-12

≤-6

+8 <tcm <+14 -2 <tm, max <+3

T

+18 to
+43

0 <t 1 , t 2 , t 3 <+10 +5

≤-18

≤-12

≤-6

+8 <tcm <+14 -2 <tm, max <+3

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t: temperatures in degrees Celsius.
t 1 , t 2 , t 3 : instantaneous temperatures within the same compartment.
tm: mean temperature.
Tcm: temperature corresponding to the arithmetic average of the instantaneous temperatures of the
compartment for preserving vegetables.
1 Temperature range of the room for which the product is intended for use.
e) The refrigeration system must be hermetically sealed.
f) The cooling agents that are part of the cooling system and the thermal insulators,
or the agents used in its preparation, which are part of the products included in the
numeral 2.7.1. of this chapter, they should not be found within the controlled substances in the
Montreal Protocol to which Colombia acceded by Law 29 of 1992 and Resolution 528
June 16, 1997 of the Ministry of the Environment - today the Ministry of the Environment, Housing and
Territorial Development- and the Ministry of Foreign Trade -now the Ministry of Commerce, Industry
and Tourism-.
2.7.4 Conformity assessment.
The Superintendency of Industry and Commerce in exercise of the powers of surveillance and control
established in decrees 3466 of 1982 and 2153 of 1992, may at any time, verify the
conformity of the information provided on the labels, plates or other means of
information in which allusion is made to the requirements referred to in this numeral 2.7, with the
effectively offered, as well as its subjection to the conditions of quality and suitability legally
enforceable.
2.7.5 Penalty regime.
Failure to comply with the provisions of numeral 2.7 will give rise to the sanctions that are established
in article 32 of decree 3466 of 1982.
2.8 Sound equipment *
2.8.1 Scope
The requirements established in this section apply to the following products: equipment
sound, mini and midicomponents, home theater, radios, radio recorders, tape recorders and speakers.
The established requirements will be enforceable for those products that are marketed in the
national territory as of June 1, 2004.

* Resolution No. 2357 of February 11, 2004. Published in the Official Gazette No. 45,463 of February 16, 2004.
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2.8.2 Concepts for output measurement in sound equipment
The power expressed in RMS is the ratio at which electrical energy flows per unit of time and
actually outputted by the sound amplifier, representing the sustained average of
output power.
PMPO power, peak music power output, reports the maximum power that an amplifier
can supply or bear, without damage, for a short period of time.
2.8.3 Specific requirements
Producers, importers, suppliers and / or vendors of products detailed in the
numeral 2.8.1, must use the following legend according to the instruction that is given more
go ahead:
"By express instruction of the Superintendency of Industry and Commerce, the
consumers that in order to compare the performance of sound reproducing equipment, one must
use the power expressed in terms of RMS, since the power in PMPO is not
comparable between similar products from different manufacturers. "
Producers and importers must adhere and / or print on product packaging
detailed in numeral 2.8.1 the previous legend.
Suppliers and / or vendors must maintain the aforementioned legend in each
establishment open to the public, in a place where the products detailed in the
numeral 2.8.1, so that it is legible with the naked eye.
Producers, importers and suppliers must use the power information expressed
in RMS in all types of advertising and POP material, in the same way in training aimed at
sellers and promoters, will be instructed in relation to the content of this resolution.
2.8.4 Conformity assessment
The Superintendency of Industry and Commerce in exercise of the powers of surveillance and control
established in Decrees 3466 of 1982 and 2153 of 1992, you may, at any time, verify
the conformity of the information provided to consumers as established in
the numeral 2.8.3.
2.9 Digital Terrestrial Television (DTT).

*

*

External Circular No. 4 May 21, 2010. Published in the Official Gazette No. 47,719 of May 24, 2010.
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2.9.1 Consumer information on Digital Terrestrial Television (DTT).
The natural or legal person that manufactures, imports or distributes television receivers in
the national territory, must comply with the following:
1.- Have available on your website the questions and answers that are contained in the
Appendix 1.
2.- Post it in a place that is visible to the public at each of its points of sale, so that it is legible
at first glance, a notice containing the following legend:
“Mr. consumer: when purchasing a television, keep in mind that Colombia adopted a
DVB-T standard for Digital Terrestrial Television - DTT, whose signal is being incorporated in
gradually and will coexist with the analog (current) until 2019. From that moment,
televisions that do not have the DVB-T standard incorporated or do not have a decoder
For this purpose, they will not be used to receive the open TV signal.
If you want to enjoy DTT in Colombia, find out if the television has the DVB-T standard or if
you must purchase a decoder for this.
Learn about DTT, its conditions, requirements and alternatives, consulting the web pages of the
National Television Commission- " www.cntv.org.co " and the Superintendency of Industry and
Commerce - "www.sic.gov.co ”".
3.- In case of having permanent sales consultants, have at the disposal of the
consumer the "questions and answers" contained in Annex 1, so that at the request of
this can be delivered in writing.
2.9.2 Penalty regime.
Failure to comply with the provisions set forth in numeral 2.9 of this Circular will give rise to
to the sanctions established in Article 32 of Decree 3466 of 1982. "
Annex 1. Questions and answers:
1. What is Digital Terrestrial Television - DTT?
Digital Terrestrial Television - DTT is defined by the technology it uses to transmit its signal.
Contrary to traditional television, which sends its waves in an analog way, DTT encodes its
signals in binary form, enabling new options:
Multiprograms - possibility of more channels
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Better video quality
Better sound quality
Interactivity
Mobility
2. How to access Digital Terrestrial Television - DTT?
To enjoy Digital Terrestrial Television - DTT without changing the television you currently have
You must purchase a decoder box with the standard chosen for Colombia (European - DVB-T).
Another option is to purchase a television with the European standard that has built-in the ability to
receive digital signals.
3. Should I change my current TV?
Not necessarily. Yes, you want to receive a Digital Terrestrial Television signal - TDT can buy a
set-top box that you must connect to your current television in order to receive the service.

4. When will I enjoy Digital Terrestrial Television - DTT?
In 2010, the first broadcasts of Digital Terrestrial Television - DTT will begin, both for
public and private channels.
The implementation will be done gradually and the National Television Commission - CNTV-, will be
timely informing the start dates of the emissions. Until 2019 you can receive
simultaneously analog (current) and digital signals, therefore, for that moment, if not
you have a decoder or a television with the DTT standard it will not be possible to see the television signal
national open.
5. What is the difference between Digital Terrestrial Television - DTT and television by
subscription?
Subscription television is a paid service that can be received via satellite or cable.
6. What should I do if I have subscription television and I want to receive the signal from
Digital Terrestrial Television - DTT with all the options that it offers?
You must buy a set-top box or television that is prepared to receive the signal from the
standard chosen for Colombia (European - DVB-T).
If you do not want to receive the digital terrestrial signal, do not worry, you will continue to receive your service from
subscription television.
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2.10 Public Shows

*

For the purposes of this circular, public spectacle is understood to be all forms of recreation.
collective that brings together the people who attend them, to express their emotions, enjoy and
share artistic expressions, where the invitation to the public is open, general and
undifferentiated.
2.10.1 Publication of Information
Natural or legal persons who organize and / or promote public shows must
provide the following information to the public, directly or through the people you sell
ticket office for effects, from the first time the performance of the show is announced and in all
the locations where promotional events for ticket sales are held, regardless
of the means used to carry out said dissemination:
a) Municipality and location of the place where the event will take place;
b) Kind of activity carried out in the show;
c) Date and time when the event will take place;
d) Responsible for the event; Name, tax identification number NIT; and address
of the entrepreneur, natural or legal person organizing and / or promoter of the show
public.
e) Companies and / or channels authorized for the sale of tickets.
f) Main and secondary artists that appear in the show, if it is from the
case.
g) Opening hours to the public and order of presentations.
h) The Internet address and / or customer service line where you can see all the
particular conditions of the event, including prices and description of the event.
2.10.1.1 Natural or legal persons who organize and / or promote public shows
must provide in the Internet address and / or customer service line that have
arranged for the promotion of the event directly or through the people who
sell ticket office for these purposes, the following data, in addition to the information
contained in the previous numeral:
a) Admission conditions (including age restrictions), particular rules
or instructions related to the development of the show.

*

External Circular No. 5 of June 17, 2010. Published in the Official Gazette No. 47744 of June 18, 2010.

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b) Physical characteristics of the enclosure, number of seats, number of seats, location of the
localities, accommodation modalities and access conditions for people
disabled and pregnant women.
c) Total number of tickets available. In case discounts for purchases are foreseen
of ballots on specified dates, the number of tickets available for each period. On
In the event that the show provides for the availability of the public in localities, the number of
tickets available by location;
2.10.1.2 Natural or legal persons that sell ticket office for public shows
must provide, in addition to the information to be provided by the organizer and / or
promoter, the following information to the public:
a) The total price of the tickets (including VAT), discriminating the charges that were
add-ons, such as ballot printing and cost of home delivery;
b) Time of delivery of the ballot, when a home delivery has been requested;
c) Term and conditions for declining purchase of the ticket, by the consumer, if
are provided;
d) Procedure for the refund of the money, option of payment or replacement for another event,
in cases of cancellation or modification of the conditions initially announced;
2.10.2 Security Mechanism
Natural or legal persons dedicated to the organization and / or promotion of shows
public and the sale of ticket office for shows of this type, when their cancellation occurs or
The conditions initially announced are modified, they must inform, within three (3)
days following the occurrence of the event, to the Superintendent for Consumer Protection and
Metrology about the measures being taken related to:
a) The means used to publicize the news;
b) The procedure for the return of the money;
c) The procedure to exercise the subscription or replacement option to attend another event,
indicating the date of completion.
2.10.3 System and Procedure for petitions, complaints and claims - PQR
2.10.3.1 System of requests, complaints and claims-PQR
Natural or legal persons dedicated to the organization and / or promotion of shows
public and the sale of ticket office for shows of this type must implement a system of
register of requests, complaints and claims -PQR-, which must contain at least the following
information:

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a) Date of presentation of the PQR;
b) Means of presentation of the PQR (people, written or electronic);
c) Name and identification of the applicant;
d) Telephone, address and email of the applicant;
e) Motivation of the PQR;
f) Maximum time in which it will be resolved;
g) Status of the complaint processing
2.10.3.2 Procedure for requests, complaints and claims-PQR.
Within three (3) business days following the filing of the petition, complaint or claim, the
You must send a physical or electronic communication to the complaining petitioner or claimant,
informing you of the number under which your request was registered, unless you have done so in
personal way.
The PQR will be processed within the term set by the system described above, within a period not
more than thirty (30) business days and in any case the petitioner, complainant or
claimant the reason for the delay in the response, when it is given outside the term
indicated to give the answer.
Additionally, the consumer should be informed about the possibility of going to the
Superintendency of Industry and Commerce or to the mayors, when the disagreement persists.
2.10.4 Ticket Sales Service Guarantee
The companies that are dedicated to the sale of tickets, must have a service support to the
customer who functions continuously during the hours in which the sales are made.
Additionally, they must have a web page where the consumer is informed of the
terms of service, returns processes, and hotline to raise
Questions that must be resolved in less than 24 hours.
2.10.5 Sanctioning Regime
Failure to comply with the provisions set forth in numeral 2.10 of Chapter II, Title II, of the
Sole Circular of the Superintendency of Industry and Commerce will give rise to sanctions
enshrined in article 32 of Decree 3466 of 1982.
2.11 PQR procedure in department stores

*

2.11.1 Definition of department store:
*

External Circular No. 005 of February 23, 2011. Published in Official Gazette No. 47,994 of February 25, 2011.
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Any commercial establishment that sells mass consumer goods at retail and whose income
bimonthly gross are equal to or greater than three thousand (3,000) monthly legal minimum wages
current, such as chain stores, department stores, supermarkets and
hypermarkets.
The previous definition replaces the one indicated in numeral 2.3.2.1, literal c), of this title.
The department store must adopt a procedure within each of the points of sale
attending to the following:
2.11.1.1 Availability of a form
The form must contain at least the following information:
a) Name of the department store
b) Point of sale where the events occurred
c) Date and time

d) Full name of the consumer
e) Identification document
f) Address, telephone, email.
g) City
h) Space for the consumer to submit their complaint or claim; with an indication that
In this space, the interested party must describe the events that occurred at the point of sale.
i) Signature and identification of the consumer
j) Name, signature and identification of the person who attends the complaint or claim in the
point of sale (who is the person designated as the local compliance officer)
The form must be made available to the consumer at the point of payment or at the service point
to the customer during all the time that the warehouse is open to the public and must include the
following legend:
“Mr. consumer, report the reasons for your claim and request a copy of this form duly
signed by the “local compliance officer.
REMEMBER! In case of having to file a claim with the competent entities
(Superintendency of Industry and Commerce or mayors), it is recommended that you attach a photocopy of the
present form, since the facts recorded there may serve as the basis for your
complaint."
2.11.1.2 Designation responsible for compliance

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Department stores must designate a person responsible for the PQRs per establishment, who
must sign the form in which the consumer records the facts that are the reason for disagreement. The
position of the person in charge that for these effects has been chosen, will be informed in the text of the notice. I know
must ensure that throughout the time the establishment is open to the public, there is a
responsible for receiving complaints and delivering the corresponding copy to the consumer.
2.11.1.3 Notice
The following notice must be posted in each establishment open to the public, in a conspicuous place, in
payment points and in the customer service area. The contact telephone numbers of this
Superintendency must remain updated.
NOTICE OF COMPLIANCE
"Mr. consumer: By order of the Superintendency of Industry and Commerce, this
The establishment has at its disposal Request, Complaint and Claim (PQR) forms. Yes
requires submitting a PQR, request the form from the person in charge ( name of the position ), record the
facts reason for disagreement, clearly specifying the date and time of the facts and in the
as far as possible the people who knew the claim directly and ask for a signed copy
by the warehouse manager for receipt of the PQR.
In case the warehouse does not have forms available or there is no person in charge of the reception
of the complaint or claim, contact the customer service line ________ (warehouse line)
and report such fact to the Superintendency of Industry and Commerce to the following telephone numbers:
National Free Line 018000910165 and in Bogotá 6513240 * **** , to the email:
info @ sic, gov.co or on the website www.sic.gov.co ”.
2.11.2 Monitoring mechanism
The legal representatives of the Department Stores must submit to the SIC within 30 days
following the date of publication of the circular by which these present
instructions, the form format and the document containing the instructions given to the
within the organization to comply with the PQR`s mechanism.
2.12 Marketing of milk and products made from rehydrated whey
or other similar compounds. *
In consideration of the differences between milk and those products made from
of rehydrated whey and other similar compounds, especially regarding their composition,

New citizen service line in Bogotá No. 5920400 PBX: 5870000 Ext. 1190/1191
* External Circular No. 012 of April 25, 2011. Published in the Official Gazette No. 48,053 of April 27, 2011
****

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nutritional quality and price, the marketers and vendors of these last two types of
Products must take all necessary measures to prevent consumers from
confuse them, especially the following:
2.12.1 When supermarkets and other points of sale sell or sell the
products made from rehydrated whey and other similar compounds, by means of the
location in gondolas, shelves or shelves, these products must be clearly
separated from the milk and always identified with a notice located in a visible place where
expressly indicate:
“ THIS PRODUCT IS NOT MILK.
Its composition and nutritional quality differ from those of milk "
In any case, the possibility that the consumer has in view, in the form
Simultaneously, the PUM of milk, compared to the PUM of a product made from whey
rehydrated and other similar compounds.
2.12.2 Milk and products made from rehydrated whey and other compounds
Similar may not be presented to the public or promoted at the same points of
display, unless it is clearly indicated that products made from
of rehydrated whey and other similar compounds are not the same as milk in its
composition and nutritional quality. This obligation will only be understood to be satisfied with the use of the
notice referred to in numeral 2.12.1 of this Circular.
2.12.3 In accordance with the provisions of paragraph 2.1.2.6 of Chapter Two of Title II of the
Circular Única, the comparative commercial propaganda made between products made from
of rehydrated whey or other similar compounds and milk, is considered misleading because it does not
they are analogous extremes.
2.12.4 In the events in which the products made from rehydrated whey and other
similar compounds are marketed or sold by location in gondolas, shelves
or shelves, the fixing of the price to the public must not include indications or expressions that suggest
it's about milk.
2.13 Information on warranties for used private service vehicles *
2.13.1 Definition of used motor vehicle : For the purposes of applying what is established in
this circular, a used motor vehicle shall be understood as one that has a mileage covered and
it has been the subject of an initial search.

*

External Circular No. 014 of April 26, 2011. Published in the Official Gazette No. 48,053 of April 27, 2011.
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2.13.2 Information on guarantees. The natural or legal person that sells, distributes or provides in
an establishment of trade used motor vehicles of private service shall comply
with the following:
a) Adopt the "Guide on guarantees for used private service vehicles" that is included
as Annex No. 2.8 of this circular.
b) Processing rules.
i. The supplier, dealer or distributor of used vehicles of private service must
Fill in the blank spaces, in which the information related to the
guarantees offered. You can also supplement the guide with additional information
that you consider important about the condition of the vehicle; in no case may the guide
contain less information than that determined in this Circular.
ii. The guide must be presented on legal-size paper and its content in letter sizes
arial specified below: 24 for the text, 28 for the titles and 36 for the title
Home "GUIDE ON WARRANTIES FOR USED SERVICE VEHICLES
PARTICULAR ”, which should head each of the pages. Titles must go
bold highlights and sharp capital letters.
c) Location. Affix the guide in a visible place on each of the vehicles that are found
displayed (such as the panoramic or windows) in a way that is accessible and
consumer readable.
d) Delivery. At the request of the consumer, the supplier, dealer or distributor must deliver
a copy of the guide.
2.13.3 Exceptions . The instructions given in this Circular will not be applicable to the
transactions that are carried out as a result of an auction, judicial sale or auction or sale between
non-merchant individuals.
CHAPTER THREE ACQUISITION OF GOODS AND PROVISION OF SERVICES THROUGH
*
FINANCING SYSTEMS
3
3.1 Definitions
For the correct application and interpretation of this chapter, it will be understood by:

*

Resolution No. 19097 of June 24, 2002. Published in the Official Gazette No. 44,848 of June 27, 2002.

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a) Interest: Without prejudice to the provisions of article 717 of the civil code, the interest corresponds to
the rent paid for the use of capital during a given period. Likewise, of
In accordance with the provisions of Article 68 of Law 45 of 1990, they will also be considered as
interest, the amounts that the creditor receives from the debtor without consideration other than credit
granted, even when they are justified by the concept of fees, commissions or other
similar. To that extent, the insurances contracted that protect the debtors' assets
or of its beneficiaries are not considered as interests. **
The sums that the debtor pays for the concept of
services directly related to credit, such as administration costs, study
credit, stationery, membership fees, etc. The collections corresponding to VAT, whether
derive from the collection of interests or contracted insurance, they are not considered as interest. **
b) Remunerative interest: It is the one that accrues a credit while the debtor is not obliged to
restore it.
c) Default interest: It is the one to which the debtor is obliged from the moment the
is in default of paying the overdue installments or the capital due.
d) Interest rate: It is a percentage relationship that allows calculating the interest caused by a
capital in a period.
e) Annual effective interest rate: It is the interest rate expressed in equivalent terms of the
interest rate that a capital would cause at the end of a period of one year.
f) Annual nominal interest rate: It is the interest expressed as the number of periods in which the
causes the interest in the year multiplied by the interest rate of the accrual period. Indicates the
accrual period and whether the interest is accrued at the beginning or end of the period.
g) Overdue interest rate: That which indicates the interest accrued at the end of each period.
h) Period: Interval of time during which interest is incurred or settled.
i) Quota: Value of the periodic payment to which the debtor is obliged.
j) * Legal limit for the collection of interest: In accordance with the provisions of articles 884
of the Commercial Code, 2231 of the Civil Code, and article 305 of the Penal Code, the limit
legal maximum for the collection of both remunerative and late payment interests corresponds to
one and a half times the current bank interest certified by the Banking Superintendency. It

* Resolution No. 22905 of August 21, 2003. Published in the Official Gazette 45,292 of August 27, 2003.
** Resolution No. 41280 of December 23, 2002. Published in the Official Gazette No. 45,047 of December 28, 2002.
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above, without prejudice to the rules that in the future modify or add the aforementioned
mentioned. *
k) Cash price: It is the lowest price at which the seller or dealer is willing to sell
the product or service by payment in cash or check payable on the date of purchase. Not
Notwithstanding the foregoing, for this definition the additional discounts that are
obtained by the fulfillment of conditions other than those of payment indicated and that are only
creditable by some buyers or offered for a limited time to the public
in general. *
l) Acceleration clause: In accordance with the provisions of Article 69 of Law 45 of 1990,
It deals with the pact entered into between the parties to the contract by virtue of which, in the event of non-compliance
by the debtor of the payment of one or more of the facilities or fees owed, it is done
the entire obligation is enforceable.
m) Agreement with reservation of title: As established by article 952 of the commercial code,
corresponds to the clause in the sales contract by virtue of which, the seller is
reserves the domain of the thing sold until the buyer has paid the totality of the
obligation.
3.2 Contracts subject to this regulation
The provisions of this chapter apply to all contracts for the acquisition of goods
furniture or provision of services through financing systems that are concluded with the
consumer.
The acquisition of movable property or property shall not be subject to the provisions of this chapter.
provision of services in which a term is granted to pay the price without charging interest on
the amount financed, as long as the sale price is equal to the cash price.
3.3 Information that must be in writing **
The information listed below must be in writing and delivered to the
consumer at the latest at the time of the conclusion of the contract. This must have the signature
of the debtor as proof of receipt. *
An exception to the foregoing is the case of cash register tickets issued by the
merchant that include basic information on credit conditions, understanding

* Resolution No. 22905 of August 21, 2003. Published in the Official Gazette No. 45,292 of August 27, 2003.
** Resolution No. 41280 of December 23, 2002. Published in the Official Gazette No. 45,047 of December 28, 2002.

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supplied with your delivery, the debtor's signature requirement: *
a) Place and date of conclusion of the contract.
b) Name or company name and domicile of the parties.
c) Description of the good or service object of the contract, with sufficient information to facilitate its
unambiguous identification.
d) The cash price as well as the discounts granted.
e) The value of the initial installment, its form and term of payment, or the proof of having been canceled.
f) The balance of the price pending payment or balance being financed, the number of periodic installments in
that the payment or financing term will be made.
g) The remuneration interest rate that will be charged for financing the payment of the obligation
acquired, expressed as an annual effective interest rate and in nominal terms, if not
*
annual liquidation overdue.
In those contracts in which a variable interest rate has been agreed, the
source and reference date. If the rate thus agreed includes a fixed component, the latter will be
must expressly inform.
The default interest rate must also be included, which may be expressed based on
the remuneration or other reference rate, in which case the source and date in
which is concerned. In any event, the legal maximums must be observed.
h) The maximum legal interest rate in force at the time of the contract.
i) The amount of the installment that must be paid monthly or with the agreed periodicity. In the
event in which the quota or the agreed rate is variable, the creditor must inform the value of the
first installment and keep at the disposal of the debtor, the explanation of how the
quota in each subsequent period, as well as the formula or formulas that you applied to obtain the
collected values. Said formulas must be sufficient for the debtor to verify the
credit settlement in its entirety. *
j) If securities are issued as a means of payment, the value or amount must be indicated,
number, date of grant, expiration and other information that identifies the parties to the
obligation contained in the title.
*

Resolution No. 22905 of August 21, 2003. Published in the Official Gazette No. 45,292 of August 27, 2003.
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k) Enumeration and description of the real or personal guarantees of the credit.
l) Indication of the amount to be charged as an additional sum to the contract fee
insurance if they are contracted and those that correspond to VAT charges.
m) Verbatim copy of number 3.11 of this circular, regarding the power of withdrawal.
n) In the final part of the document, in prominent characters, bold and a font size of the
double the size of the one used in the rest of the text, a warning must be entered for
the debtor with the following text: *
By express instruction of the Superintendency of Industry and Commerce, the party is informed
debtor that during the financing period the interest rate may not exceed 1.5
times the current bank interest certified by the Banking Superintendency.
When the interest charged exceeds this limit, the creditor will lose all interest. In such
cases, the consumer may request the immediate refund of the sums that have been paid
by concept of the respective interests.
The amounts that the creditor receives from the debtor without
consideration other than the credit granted, even when they are justified by concept
of fees, commissions or other similar. The interests will also include
amounts that the debtor pays for services directly related to the credit,
such as administration costs, credit study, stationery, membership fees, etc.
(Article 68 of Law 45 of 1990).
In the event that the merchant does not provide the above written warning, he must
keep it in a visible place, at all the payment points of each of the establishments
open to the public.
3.4 General rules for the conclusion of contracts
For the purposes provided for in letters g and h of article 43 of Decree 3466 of 1982, in the
contracts referred to in this chapter, the following rules must be applied in their
celebration:
a) * Producers or suppliers may freely agree with their clients the interest rate
both remuneration and moratorium that will be charged to the latter. The interest rate
* Resolution No. 22905 of August 21, 2003. Published in the Official Gazette No. 45,292 of August 27, 2003.
* Resolution No. 22905 of August 21, 2003. Published in the Official Gazette 45,292 of August 27, 2003.
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that is agreed at the time of the conclusion of the contract, may not exceed in any period
of financing the maximum legal limit, in accordance with the provisions of literal j) of numeral
3.1 of this chapter.
b) The financed amount will be calculated as the cash price minus the initial installment, if any.
However, if to determine the amount financed a higher price other than that of the
cash, the difference charged will be considered interest.
c) It will not be possible for the seller-creditor to collect interest simultaneously
remuneration and arrears with respect to the same balance or quota and during the same period. *
d) Without prejudice to the provisions of Article 886 of the Commercial Code, pending interest will not
will earn interest.
e) In no case may the payment of late interest be required in advance.
f) The debtor may pay in advance the outstanding balance of his credit, therefore they will not be able to
establish penal clauses or penalties for advance payment or demand payment of interest
during the remaining period.
g) Unless the acceleration clause has been agreed, in accordance with the provisions of article 69
of Law 45 of 1990, default interest will only be incurred in respect of the amount of the installments
overdue.
h) The amounts that the seller-creditor receives from the debtor without
consideration other than the credit granted, including those that are paid for
services directly related to credit, such as administration costs, study
credit, stationery, membership fees, etc. The amounts paid by concept are not included
of the insurance referred to in the following paragraph.
i) Insurance may be contracted whose purpose is to protect the life of the debtors or the property
funded. In such cases, the consumer must be presented with at least two quotations of
different insurance companies, in which you are informed of the risks covered, the
beneficiaries, exclusions, the sum insured and the amount of the premium; likewise must
Be warned that it is not an obligation to contract with these companies and that therefore it is in
freedom to choose another insurer. If the debtor chooses one of the insurers suggested by
The seller must deliver to the debtor a document by means of which he can prove the
existence of the insurance contract and in which the aforementioned information is indicated.

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3.5 Obligation to verify legal maximum interest rate limits
It will be the obligation of every supplier or merchant who enters into any of the contracts to which
referred to in this chapter, check monthly if the interest rate you are charging to your
debtors is within the legal maximum limits for the corresponding period. From
According to the above, you must:
a) Verify monthly that the interest charged is within the maximum legal limit in force
for the collection of interest. ***
b) It concludes that the agreed interest rate is above the legal maximum allowed by law,
it must be reduced to this limit.
c) If the legal maximum limit in a subsequent period is again higher than the initial rate
agreed upon, the initially agreed rate may be settled and charged for said period.

3.6 Special obligations of the producer or supplier ***
Any producer or supplier who enters into the contracts referred to in this chapter
must meet the following obligations:
a) ** Without prejudice to the provisions of the legal provisions on conservation and archiving of
documents, must be kept at the disposal of the Superintendency of Industry and Commerce
the history of each credit that has been granted, for a minimum term of three (3) years,
counted from the due date of the last payment. The obligation of conservation is
may comply with technological means as long as the provisions of part I are observed
of Law 527 of 1999 and other regulations that replace or modify it. **
b) Have information points or specific personnel available to the public who have the
information and knowledge required to inform the client of the completeness of the obligations
that contracts with the signing of the corresponding contract, the way in which they will be calculated and settled
the interests, the quota and the credit. **
* In addition to the above, producers or suppliers who, in addition to being in any of the
the circumstances provided for in numeral 3.12 of this chapter, have a total annual volume
sales through financing systems, equal to or greater than five thousand (5000) salaries
*** Resolution No. 41280 of December 23, 2002. Published in the Official Gazette No. 45,047 of December 28,
2002.
** Resolution No. 22905 of August 21, 2003. Published in the Official Gazette 45,292 of August 27, 2003.
* Resolution No. 19104 of July 7, 2003. Published in the Official Gazette No. 45,244 of July 10, 2003.
** Resolution No. 22905 of August 21, 2003. Published in the Official Gazette No. 45,292 of August 27, 2003.
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legal monthly minimums, they must inform this Superintendency no later than the 30th of
September 2003, the measures they have adopted in their establishment in order to give
compliance with this regulation. *
3.7 Information on settlement and payment of fees ***
3.7.1 Periodic information to the debtor
The producer or supplier that makes sales through financing systems, must supply
or have at the disposal of the debtors the information on settlement and payment of installments that
It is noted below:
a) The amount to be paid for the installment of the corresponding month or period, discriminating
the amount corresponding to payment of capital, interest and insurance, if any.
b) The capital pending payment at the beginning and at the end of the period.
c) The interest rate applied in said period and the reference rate used, in the event that
a variable interest rate has been agreed. It should also be indicated whether on the occasion of the
revision of the legal limit, a modification of the interest rate was presented.
d) An explanation accompanied by the necessary data for the settlement of the respective quota
so that the debtor can verify the accuracy of the calculations and verify said data
with the contract and the official sources that produce them.
3.7.2 Sending information to the debtor's address **
When the term of the credit granted exceeds three (3) months, or the amount of the credit or the
amount owed is greater than three (3) monthly legal minimum wages, the above information
It must be sent to the debtor's domicile and delivered no less than five (5) in advance.
business days to the date of payment of the corresponding fee. The above must be fulfilled even in
events in which there is a need to re-liquidate the remaining periods when the rate of
Financing changes as a result of variations in the maximum legal rate. In said report,
in prominent characters, bold and font size twice the size of the one used in the rest
of the text, a warning must be entered for the debtor with the following text:
Contracts for the acquisition of movable property or for the provision of services through
financing are regulated by the Superintendency of Industry and Commerce, in the
third chapter title II of the Sole Circular, which can be consulted on the website of this
entity www.sic.gov.co If you have any complaint related to your credit, you can direct it to

*** Resolution No. 41280 of December 23, 2002. Published in the Official Gazette No. 45,047 of December 28, 2002.

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this Superintendency.
Notwithstanding the foregoing, the supplier or vendor may be exempted from sending this information to the
debtor's domicile if:
a) * The credit is of installment and fixed rate and the full payment of the credit is delivered to the debtor at
moment of granting it, which may be done through checkbooks or other means that include all
the information indicated in the preceding paragraphs for each of the credit periods, or,
b) * When at the time and place of payment the debtor is given the information indicated in the
previous literals that apply to the payment made. *
3.8 Making lists with factors **
When producers and suppliers who offer the acquisition of goods and services through
financing systems, use a table with predetermined factors based on the rate of
interest and / or the period for the purposes of offering them, must observe the following instructions:
a) The table must be reviewed within five days following the date on which the
Banking Superintendency certify the current bank interest, indicating the date on which
the review was carried out. In it, the
interest rate in effective terms that for the respective period is being charged to the public
and that it has served to calculate the factors.
b) The factor tables for at least the last (3) years must remain available.
of the Superintendency of Industry and Commerce.
3.9 Certification duty *
The manager of the business establishment, the legal representative of the company or the official
that is in charge of the area that manages the financing systems must issue the
December of each year a certification that will be available to the Superintendency of
Industry and Commerce, stating that they were implemented and reviewed during the year,
the appropriate mechanisms and procedures to comply with the obligations derived from this
chapter and that it was verified on a monthly basis that the interest charged was within the
current maximum limits. The first of these certifications must be issued with a court date of 31
December 2003.
††††

** Resolution No. 41280 of December 23, 2002. Published in the Official Gazette No. 45,047 of December 28, 2002
* Resolution No. 22905 of August 21, 2003. Published in the Official Gazette No. 45,292 of August 27, 2003.
* Resolution No. 41280 of December 23, 2002. Published in the Official Gazette No. 45,047 of December 28, 2002.

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3.10 Public information mechanisms *
In order for the public to have the necessary information to take
consciously your debt decisions in the best conditions offered by the
market, every producer or supplier that enters into contracts referred to in this chapter must
permanently have a visible billboard or board, which must be placed in the
places of attention to the public or of exhibition, in a way that attracts their attention and is
easily readable. However, alternative mechanisms may be used to allow access
indiscriminate information at least with the ease offered by billboards. In any
of said media must be announced:
a) Interest rate being charged for the current month, expressed in effective terms
yearly.
b) Minimum percentage to be paid as initial installment.
c) Terms that are granted.
d) Incentives offered. In the case of discounts, they must be expressed on the price of
counted.
e) In the event that the financing is granted by a third party other than the producer or supplier,
indicate your name or business name.
3.11 Power of withdrawal
In all contracts for the acquisition of movable property and provision of services through the
financing system, except for those relating to food, clothing, drugs, care
hospitable and educational, the power of retraction of any of the
parts, within two (2) business days following delivery of the good.
In the event that either party makes use of the power of withdrawal, the
contract and therefore, the parties will restore things to the state in which they were
before its celebration. The power of withdrawal is inalienable.
3.12 Database of those who carry out the activity *
Any producer or supplier that offers the acquisition of movable property or the provision of
services through financing systems and that each month celebrates more than one hundred (100)
contracts referred to in this chapter or that their sales through
financing in the immediately preceding year exceed 1,500 monthly minimum wages
current laws, you must report to the Superintendency of Industry and Commerce if you are in

Article Resolution N ° 41280 of December 23, 2002: “Validity. Modifications
introduced by this resolution shall enter into force on December 27, 2002, or on the date of its
publication if it is later. " Official Gazette No. 45047 of December 28, 2002.
†††† Eleventh

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any of these conditions, within the three months following the entry into force of the
Resolution No. 41280 of December 23, 2002 ‡‡‡‡ and subsequently during the month of January
every year, if in the previous one it had reached this condition. For this purpose, you must attach a
certificate of existence and legal representation issued by the respective chamber of commerce with
a validity not exceeding thirty days. The condition reported by suppliers or producers
it will be presumed in force until the contrary is reported.
3.13 Legal consequences
In accordance with the provisions of the law, when interest is charged that exceeds the limits
established in the law, the creditor will lose all interest, either remuneration, arrears
or both depending on the case. In such cases, the consumer may request the immediate return of the
sums it has entered into for the respective interests.
3.14 Sanctions
For violation of what is established in Decree 3466 of 1982 or in the norms and instructions given
by the Superintendency of Industry and Commerce on sales or provision of services through
financing systems or under the condition of the acquisition or provision of other goods or
services, the sanction provided for in letter h) of article 43 of Decree 3466 of 1982. Likewise, the
Suppliers or vendors will be subject to the sanctions provided for in article 33 of the Decree
3466 of 1982 in case of non-compliance with the rules related to the public setting of
prices.
CHAPTER FOUR PROVISION OF SERVICES THAT SUPPOSE THE DELIVERY OF A
WELL
4
4.1 Applicable general rules
a) Any person or establishment that provides services that involve the delivery of a good
with respect to which the activity is carried out (repair of vehicles in workshops, repair of
appliances, parking lots, laundry service, among others), you must issue a receipt
where stated, in addition to the obligations established in article 39 of Decree 3466 of
1982, at a minimum, the following:
-

Name or company name of the service provider;
Address and telephone number of the establishment;
Name and identification of the user;
User's address and telephone number;

* Resolution No. 41280 of December 23, 2002. Published in the Official Gazette No. 45,047 of December 28, 2002.

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Receipt number;
Date and time of receipt;
Identification of the property;
Express indication of the defects or breakdowns of the good and its accessories
Class of service;
Term for the provision of the service;
Value of the service, as well as the amounts paid as part of the price; Y
Expiration term.

-

b) If there is no express annotation regarding the defects or damage of the property and its
accessories, it will be understood that it entered or was delivered in perfect condition and with all
the elements inherent in it.
c) The person obliged to provide the service, assumes custody of the asset in deposit and, therefore
both, of the integrity of the elements that compose it, as well as that of its annexed equipment or
complementary if any.
d) In the event that the property object of the provision suffers loss, variation or deterioration due to causes
other than fortuitous events or force majeure duly proven, the damage must be corrected,
exchanging the good for another of equal quality and value or paying the value agreed by the parties or,
failing that, the one established by the Superintendency of Industry and Commerce.
e) At the expiration of the period indicated in the receipt, the return of the good to the
user, in accordance with article 39 of Decree 3466 of 1982.

CHAPTER FIVE REGISTRATION OF QUALITY AND SUITABILITY OF GOODS AND SERVICES
5
5.1 Register of quality and suitability of goods and services §§§§
Through the registration of quality and suitability of goods and services, the deposit of the
unilateral declaration of the characteristics that determine, with precision, the quality and suitability of
the goods and services intended for public consumption that the respective producer or importer
put on the market.
The aforementioned registry will adopt the necessary technology to develop a computer system via
Internet that provides security and efficiency.

§§§§§§§§

Resolution No. 200 of 2010 of January 14, 2010
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For the deposit, the general electronic deposit form must be filled out via the Internet
3021-F04, which is an integral part of this circular as annex 2.6. The Superintendency of
Industry and Commerce will adopt specific forms for certain classes of goods or
services, when conditions warrant.
5.2 Request for deposit in the Registry
The deposit form and documentation about the product or service to request registration,
may be submitted to the Superintendency of Industry and Commerce via the Internet through the
link created for this on the page of the Superintendency of Industry and Commerce
- www.sic.gov.co - .
5.3 Validity of the deposit in the Registry
The deposit in the quality and suitability register will be valid during the year in which it is verified and
2 more calendar years, until the corresponding December 31st.
Once the term of validity established in this article has expired, the respective declaration of the producer or
the importer will be excluded from the registry.
The producer or importer may request the renewal of the registration before its expiration.
5.4 Modifications to the Registry
The conditions of quality and suitability deposited may be modified at any time.
The modification must be subject to deposit, following the same procedure as for deposit
initial. The new conditions will apply to the goods that are put into circulation or services
that are provided to consumers after the deposit of the modification.
5.5 Responsibility of the depositor
The registry does not relieve the applicant of his duty to report truthfully and sufficiently on the
characteristics, conditions, quality and suitability of the good or service.
5.6 Verification of the conditions deposited in the Registry
At any time the Superintendency of Industry and Commerce may verify the veracity of the
statement on the characteristics that determine the quality and suitability of goods and services and
its correspondence with what is actually offered, as well as its subjection to the notions of quality and
suitability defined in article 1 of Decree 3466 of 1982.

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If the conditions deposited in the registry do not correspond to those reported, the
first for all legal purposes and the Superintendency will order the exclusion from the registry, without
prejudice of the legal sanctions that proceed.
When it is required to verify the correspondence of the quality and suitability of a good or service with
The registered tests or trials will be carried out in an accredited laboratory within the
National quality subsystem and its cost will be assumed by the owner of the record.
5.7 Registration Fees
For the deposit in the registry referred to in this circular and for each renewal, the interested party
must prove the payment in favor of the Superintendency of Industry and Commerce of a sum
equivalent to 5 monthly minimum wages in force for the initial product or service from which
request deposit in the registry. For the deposit in the registry in the name of the interested party of
products or services in addition to the first, payment must be credited in favor of the
Superintendency of Industry and Commerce of a sum equivalent to 4 monthly minimum wages
valid for each additional product or service.
To deposit a modification, the interested party must credit the payment in favor of the
Superintendency of Industry and Commerce of a sum equivalent to two (2) minimum wages
monthly valid for each product or service.
Payment can be made via the Internet through the corresponding link on the page
www.sic.gov.co or through consignment, which must be made in cash or by check of
management at Banco de Bogotá, checking account No. 062-754387, National Collection Form,
rent code 02, in the name of the Superintendency of Industry and Commerce.
5.8 Information to consumers about the deposit in the Registry
Once the registration has been obtained, the producer or importer may incorporate in the packaging or in the document in
the one that formalizes the sale of the good, or the provision of the service and in its advertising the mention of the
record. In these cases, you must include the following legend.
“The responsibility for the registered quality and suitability belongs to the producers and
importers, and in no case of the Superintendency of Industry and Commerce ” .
5.9 Consulting the Registry
The registry will be public and can be consulted via the Internet. Likewise, the Superintendency of
Industry and Commerce will disseminate the text of these forms through electronic means or
printed.

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TITLE III NON-HOME TELECOMMUNICATION SERVICES ........................................... ....... 1
CHAPTER ONE PROTECTION REGIME ............................................. .......................................... 1
1.1.
1.2.
1.2.1.
1.2.2
1.2.3.
1.2.4

Lists of subscription alternatives and comparative tables .......................................... ......... 1
Information ................................................. .................................................. ............................................ 1
Petitions, complaints, claims and resources ...... ..................................... .......................................... 1
Information on the opportunity to file complaints ........................................... ................ 2
Decisions ................................................. .................................................. .............................. two
PQR processing for violation of the right to habeas data by service providers
telecommunications ................................................ .................................................. .. ..2
1.2.4.1.
User information ............................................... .................................................. ................. 2
1.2.4.2. General rules ................................................ .................................................. .......................3
1.2.4.3. Claim Report ............................................... .................................................. ...................3
1.2.4.4. No response from the telecommunications service provider ................. 4
1.2.4.5.
Exhaustion of the procedural requirement for PQR processing with the service provider
telecommunications ................................................ .................................................. ............. 4
1.3.
Customer service offices ............................................. .................................................. .... 4
1.4.
Marketing of services and products ............................................. ................................... 5
1.5.
Contractual suitability ................................................ .................................................. ............ 5
1.6.
Control mechanisms ............................................... .................................................. ............. 6
1.6.1.
Remission of forms and contracts ............................................. ............................................. 6
1.7.
Information available ............................................... .................................................. .......... 6
1.7.1.
Additional Information ................................................ .................................................. ............... 6
1.7.1.1.
Regarding contracts and annexes ............................................. .................................................. ... 6
1.7.1.2.
Regarding territorial coverage .............................................. .................................................. .6
1.7.1.3.
Periodic information ................................................ .................................................. ................ 7
1.7.1.4.
Specific information ................................................ .................................................. ............... 7
1.7.1.5.
Certification on active subscribers .............................................. ............................................. 9
1.7.1.6.
Certification on periodic and specific information ............................................ .................... 9
1.8.
Processing of petitions, complaints, claims and resources ........................................ ..................... 9
1.9.
Notification of business decisions .............................................. .................................... 10
1.10. Referral of files to the SIC for decision of the appeal .............................. 10
1.11.
Supervision mechanisms for SNDT operators ........................................... ......... eleven
1.11.1.
Quality of the customer service line .......................................... ..................................... eleven
1.11.2.
Quality of customer service ........................................... ................................... 12
1.11.3.
Publication ................................................. .................................................. ............................ 12
1.11.4.
Quality control certification ............................................. ........................................... 12
1.12.
Modification of contracts .............................................. .................................................. ...... 13
1.13.
Termination of the service provision contract ........................................... .................... 13
CHAPTER TWO SPECIAL INSTRUCTIONS FOR MOBILE TELEPHONY OPERATORS
(TMC AND PCS) AND TRUNKING ........................................... .................................................. ................................ fifteen

P. Vi
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2.1.

Instructions regarding the sufficiency of the information to be provided to the
subscribers or users of the cellular mobile telephone service (TMC); of the service of the
personal communication systems (PCS) and the Trunking service during the execution of the
consumer contract .............................................. .................................................. ....... fifteen
Summary information on consumption .............................................. ........................................... 16
Billing audit ............................................... .................................................. .......... 16
Eventual audits ................................................ .................................................. ............. 17
Annual certification ................................................ .................................................. .................. 17
Information on charging for the service of transmission of text messages from the internet. 17
Subscriber activation ............................................... .................................................. ....... 18
Information on terminal equipment .............................................. ....................................... 18
Database update ............................................. ................................................. 18
Database compatibility ............................................ ......................................... 18
Database audit ............................................. .................................................. ..... 19
Conditions for activating subscribers ............................................ ............................... 19
Quality index in the Attention to Mobile Telephony users ...................................... ..19
Index calculation methodology ............................................. ............................................... 24

2.1.1.
2.2.
2.3.
2.4.
2.5.
2.6 .
2.6.1.
2.6.2.
2.6.3.
2.6.4.
2.6.5.
2.7.
2.7.1.

CHAPTER THREE GENERAL PROVISIONS .............................................. .................................. 31
3.1.
3.2.
3.3.
3.3.1.
3.3.2.

Excepted operators ................................................ .................................................. ....... 30
Sanctions ................................................. .................................................. ............................... 30
Transitional regime ............................................... .................................................. ............ 30
Fulfillment of new obligations .............................................. ....................................... 30
Information report through the SIUST portal ......................................... .................... 30

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TITLE III

NON-HOME TELECOMMUNICATION SERVICES **

Non-Domiciliary Telecommunications Services (SNDT), among which are the
Cellular Mobile Telephony (TMC), Personal Communication Systems (PCS), Trunking, Internet,
Among others, the instructions given in section 1.1 of the first chapter apply to them and,
in the pertinent, taking into account the nature of the service, those contained in the second chapter, both
of title II of this circular.
CHAPTER ONE CHAPTER ONE PROTECTION REGIME
1.1.

Lists of subscription alternatives and comparison charts

Non-domiciliary telecommunications service operators (SNDT) must inform the
interested in the subscription alternatives, with and without an initial minimum permanence clause, for
means of a comparative table of the conditions, penalties and rates of each alternative, in
in accordance with the provisions of article 7.1.9 of Resolution 87 of 1997 of the CRT. The
Comparative tables must contain for each alternative, at least, the following
information:
-

Contract term.
Maximum period of activation of the terminal equipment after the subscription of the contract.
Initial minimum stay period.
Date on which the automatic extension will operate.
Amount of the sanction or fine for unjustified termination of the contract during the period of
minimum initial stay.
Validity, conditions and restrictions of the rate plan.
Rates and maximum increases during the term of the contract.
Additional services included in the offered rate, and
Team value.

-

1.2. Information
1.2.1. P etitions, complaints, claims and resources
Every SNDT operator must indicate in the text of the contract, the right of the users and
subscribers to submit petitions, complaints or claims, hereinafter PQR, and related resources
with the provision, use, billing and quality of the service, as well as the regulatory aspects and
operating procedures applicable to the presentation of PQR and resources.
Likewise, all invoices will contain the addresses of the customer service offices.

**

External Circular 002 of April 25, 2006. Published in Official Gazette No. 46,256 of May 2, 2006.
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users or the toll-free number through which users or subscribers can
consult these, as well as the PQR reception hours. In the same way, the
fax number and email address through which you can submit the
PQR and resources.
1.2.2. Information about the opportunity to file complaints
In the forms for each of the procedures to be completed, to which reference is made
In numeral 1.3 of this chapter, requirements or additional information may not be requested from the
Strictly indispensable for the procedure to be carried out.
The forms must contain precise information on the opportunity for the presentation of
PQR in accordance with the provisions of the third and final paragraphs of article 7.6.5 of Resolution 87 of
1997 of the CRT, and be accompanied by simple instructions for completing and
presentation.
1.2.3. Decisions
In every decision of an SNDT operator that resolves a PQR, the following must be included
paragraph:
" Against this decision proceed the appeals for reconsideration and in subsidy the appeal, the
which must be filed in writing and simultaneously with this same operator within
the five (5) business days following the date of knowledge of the same. The resource of
replacement will be resolved by the operator and the appeal by the Superintendency of Industry and
Trade . ".
In events in which the response occurs verbally, as provided for in article 7.6.7
of Resolution 87 of 1997 of the CRT, in the record referred to in the final paragraph of the aforementioned
article should record the fact that the petitioner was informed about the origin of the
resources in the precise terms indicated above.
1.2.4. PQR processing for violation of the right to habeas data by providers of
Telecommunications services. *
1.2.4.1. User information
Through the customer service line, on the internet portal, as well as on the channels
face-to-face aimed at receiving PQRs provided by service providers of
telecommunications (hereinafter the provider), users will be informed clearly and precisely,
the possibility that they have to file with these or with the information operators (hereinafter the
*

External Circular No. 008 of March 11, 2011. Published in the Official Gazette No. 48,011 of March 14, 2011.
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operator), requests for correction, update or withdrawal of personal information that the
supplier has provided the operator as a source of information.
1.2.4.2. General rules
1.2.4.2.1. Whenever the request or complaint submitted by a user to the provider is
related to the request for correction, updating or withdrawal of personal data registered by
that before an operator, must be observed, in addition to the rules provided in Law 1341 of
2009 and the User Protection Regime, the following:
a) Once the request or claim has been filed, the provider must inform the operator of that fact within
of the next two (2) business days.
b) Once the above information has been received by the operator, it must include, within two (2) days
following business days, the legend 'claim in process' and its nature in the individual record.
c) In accordance with the provisions of article 16 of Law 1266 of 2008, to respond to the
request or complaint, the supplier shall perform a full verification of the observations or
approaches of the owner, making sure to review all the relevant information to be able to
give a complete answer to the headline.
1.2.4.2.2. In the event that the request or claim related to the request for correction,
update or withdrawal of personal data is presented to the operator, he must send it to the
provider who acted as a source of information within a maximum term of two (2) days, so that
resolve and inform the operator within a maximum period of ten (10) business days.
1.2.4.3. Claim report
In the information that telecommunications service providers report in accordance with
the provisions of section 1.7.1.4 of Title III of the Sole Circular, must include within the
typology 'Report to credit bureaus', the following:
a) The number of requests or complaints filed with the provider related to a request
correction, updating or withdrawal of personal data registered by the former with an operator
of information.
b) The number of claims filed directly by the user with the operator of the
information, of which the supplier has knowledge, in its capacity as the source of the
information, by virtue of the transfer of the claim made by the operator based on the
provided for in numeral 4 of part 'II Claims processing' of article 16 of Law 1266 of
2008.
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For the purposes of the report, the supplier will have as the filing date the date on which it receives
the transfer made by the operator; The reply date will correspond to the one on which
the provider reports its response to the information operator.
1.2.4.4. No response from the telecommunications service provider
If the user requests the Superintendency of Industry and Commerce to correct, update or
withdrawal of personal data invoking as a procedural requirement the presentation of your request
or complaint directly to the provider and the lack of care by him, the Directorate of
Consumer Protection of the Consumer Protection and Metrology Delegation, will advance the
corresponding action by Positive Administrative Silence.
1.2.4.5. Exhaustion of the procedural requirement for PQR processing before the supplier of
Telecommunications services.
If the request or complaint was presented to the supplier, the procedural requirement demanded by the
numeral 5 of article 17 of Law 1266 of 2008 shall be deemed satisfied so that the
Superintendency of Industry and Commerce may order the correction, update or withdrawal of
personal data, in the following cases:
a) When the petition, complaint or appeal for reconsideration having been favorably decided, the
provider does not proceed in accordance with the correction, update or withdrawal of data
personal.
b) When the supplier recognizes, at the company headquarters, that it operated administrative silence
positive, but do not execute its effects in connection with the correction, update or withdrawal of
personal information.
1.3.

Customer service offices

SNDT operators must have customer service offices, set up in accordance with
to the provisions of Resolution 87 of 1997 of the CRT and Article 153 of Law 142 of 1994. In
Each office must comply with the following:
a) Have forms available to the public for each of the procedures to be completed,
in accordance with the legally established procedures;
b) The completion of the form must be sufficient to comply with the legal requirements of the
corresponding procedure.
The forms must include the applicable regulations regarding the right to petition and
resources, in accordance with the provisions of the Contentious Administrative Code, Law 142 of
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1994 and Resolution 87 of 1997 of the CRT.
c) Implement systems that allow to identify and classify internally and appropriately
the PQRs and resources;
d) Keep a detailed list of all PQRs and resources received directly by the operator

or transferred to it by the Superintendency of Industry and Commerce or any other entity;
e) In accordance with the provisions of article 7.6.5 of Resolution 87 of 1997 of the CRT, assign a
unique numerical code (CUN) of attention to each PQR and resource presented verbally or by
written, which should not vary throughout the process. The registration placard or the certificate of
oral reception, which will contain the CUN, should allow easy location and identification of the PQR or
appeal, the date of its presentation as well as that which constitutes the time limit within the
which response should be produced.
1.4.

Marketing of services and products

SNDT operators must accredit to the Delegate Superintendent for the Protection of the
Consumer how they will guarantee the right of subscribers and users to present
PQR and resources in the cities in which they market their services or products, in which they do not
have customer service offices.
1.5.

Contractual suitability

In accordance with the provisions of article 7.6.3 of Resolution 87 of 1997 of the CRT, the
SNDT operators must send to the Delegation for Consumer Protection the models
of contracts for the provision of services that they use, with the respective annexes relating to the
minimum initial stay clauses, penalties or fines for early termination, extension
automatic and plans in effect on the date of referral.
The sending of this information must occur within fifteen (15) days following the start of
operations by the operator.
The Superintendency of Industry and Commerce will organize with the models and annexes submitted, a
database of contracts and documents. For its conformation, the text of the contracts and their
Annexes must be sent on paper, in the pro forma form in which they will be offered to the public and in message
of data through the SIUST portal (www.siust.gov.co ), informing at least the date from
of which the respective document is used and if it corresponds to a contract, additional clause to
basic format or to an annex indicated in the regulation.
In accordance with the power provided in Article 40 of Decree 1130 of 1999, the Superintendency of
Industry and Commerce may request, at any time, technical and administrative justifications
and economic that it considers pertinent, as well as order its modification.
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The absence of a modification order by the Superintendency has no effect on
regarding the legality of the same.
1.6. Control mechanisms
For the correct fulfillment and follow-up of the provisions of this chapter, it is necessary to
observe the provisions below.

1.6.1. Submission of forms and contracts
Within fifteen (15) days following the start of their operations, SNDT operators
They must send a copy of the forms for each of the procedures to be completed and the
identification, classification and location system of PQRs and resources adopted by the operator
and, in any case, when modifications are made to them.
1.7. Information available
SNDT operators must keep at the disposal of the Superintendency of Industry and
Commerce, the lists of subscription alternatives offered to the public and the tables
comparatives referred to in numeral 1.1 of this chapter. The Superintendency may
request, at any time, its referral and the technical, administrative and economic justifications
that you consider pertinent.
1.7.1. Additional Information
1.7.1.1. Regarding contracts and annexes
SNDT operators must inform the Delegate Superintendent for the Protection of the
Consumer, within seven (7) days after being offered to the public, about all
new contract or annex, as well as any modification introduced in the contracts for the provision of
services or in the annexes that have been sent.
1.7.1.2. Regarding territorial coverage
In the same terms indicated in the previous numeral, in case of authorization of extension of
the coverage for the provision of the service, the SNDT operator must prove in said territory
the existence of customer service offices and, failing that, the way in which the customer will be guaranteed
right of subscribers and users to present PQRs and resources in the cities where
market their services or products and there are no customer service offices.
1.7.1.3. Periodic information
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For each quarter of the calendar year, SNDT operators must report to the Superintendent
Delegate for Consumer Protection, within the first ten (10) business days
following the expiration of each period, through the SIUST portal ( www.siust.gov.co ), the
Next information:
a) A consolidated list of the information referred to in section d) of numeral 1.3 of the
this chapter, broken down by calendar month. Said consolidated relationship must contain
the number of PQRs and resources received, the cause that generated them according to the classification
indicated in numeral 1.7.1.4 and the attention given to them (acceptance, denial or not
timely attention). For this purpose, the consolidated relationship of PQR and resources must be applied,
using the 3040-F05 format found on the SIUST portal ( www.siust.gov.co );
b A certification from the main legal representative, on the way in which the
instructions contained in this circular and the manner in which the schedules and
instructions adopted for its implementation, during the corresponding quarter.
In the case of new operators entering the market, the periodic information must be
sent to the Superintendency, as of the calendar quarter immediately following the start of
operations.
1.7.1.4. Specific information
The legal representatives of the SNDT operators must send the Superintendent
Delegate for Consumer Protection, an extract of the information referred to in the
previous numeral, strictly subject to the items indicated below:

ITEM

SCOPE
*

ACTIVE SUBSCRIBERS

TOTALPQR

*

Number of subscribers in postpaid and prepaid modalities
who have used the system in the previous quarter or who
have a current balance in the load.
Total number of PQRs submitted directly by
subscribers or users before the operator.

External Circular 005 of November 16, 2006. Published in Official Gazette No. 46,455 of November 17, 2006.
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Number of PQRs submitted directly by subscribers or users
discriminated by each of the customer service centers.

PQRXCAC

PQRXMEDIO

PQRFAV
PQRNEG
TOTALRECREP
RECREPFAV
RECREPNEG

Number of PQRs submitted directly by subscribers
or users discriminated by each of the media
available for presentation.
Number of PQRs resolved in favor of the claimant first
instance during the period.
Number of PQR resolved against the claimant in
first instance during the period.
Total number of appeals for replacement presented
directly by subscribers or users before the operator.
Number of appeals for reconsideration resolved in favor of the
subscribers or users during the period.
Number of appeals for reconsideration resolved against the
subscribers or users during the period.
Number of Positive Administrative Silences (SAP) acknowledgments
granted directly by the operator, without the intervention of the SIC,
during the period.
Number of Positive Administrative Silences (SAP) acknowledgments
ordered by the SIC through an administrative act duly
executed.

SAP

SAPSIC

The above information must be discriminated by type of request, complaint or claim, in accordance with the
following classification, attaching a specific relationship of those cases that, in number greater than
three, are listed under the heading " Others " and correspond to the same type of complaint:

TYPE OF COMPLAINT
*

Mobile call denial or trunking * to mobile or trunking
Denial of internet connections
Call denial from landline to mobile or trunking *
Termination of contract
Billing
Not timely payment
Central risk report
Unawareness of the assignment of the contract
Deficiency in the quality and provision of the service
Charges for suspension in service
Rates
Change of plan
*

It does not represent ownership of the traffic. It only refers to the terminal equipment of origin or destination.
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Improper charging of ancillary services
Others
This information must be sent via the Internet through the SIUST portal (www.siust.gov.co ), with
the same periodicity indicated for that foreseen in numeral 1.7.1.3 above, filling out
For this purpose, form 3040-F05 that is available on said web page.
For all the purposes provided for in this Title, PQR must be understood as any request,
complaint or claim, whose response by the operator is likely to be questioned by the
subscriber or user through the filing of remedies for replacement and subsidiary of
appeal, as established by law 142 of 1994, and is not determined by the meaning, positive or
negative, of the same.
1.7.1.5. Certification on active subscribers * .
SNDT operators must submit, together with the quarterly report on active subscribers,
an internal or external auditor certification, stating that the information reported is
conforms to the definition of active subscriber in this circular .
1.7.1.6. Certification on periodic and specific information

**

.

Without prejudice to the certification referred to in numeral 1.7.1.5, SNDT operators
must submit, together with the quarterly report containing the periodic information (numeral
1.7.1.3) and specific (1.7.1.4), an internal or external auditor certification, stating
that the information reported has been previously verified and fully complies with the
parameters set in the aforementioned sections of the Sole Circular.

1.8. Processing of petitions, complaints, claims and resources
In Article 40 of Decree 1130 of 1999, it is stated that " ... corresponds to the Superintendency of
Industry and Commerce and in relation to non-domiciliary communications services, protect the
rights of users, subscribers and consumers. For this purpose, the Superintendency,
will have, in addition to its own, the powers provided for the Superintendency of Services
Residential Public ... ".
The powers provided for the Superintendency of Public Services in matters of protection of the
user are enshrined, among others, in article 79 and chapter VII of title VIII of
Law 142 of 1994, provisions that establish the conditions and procedures for care
by the operators of the requests, complaints and claims of the users.
*
**

External Circular 005 of November 16, 2006. Published in Official Gazette No. 46,455 of November 17, 2006.
External Circular 003 of June 7, 2007, Published in Official Gazette No. 46,657 of June 12, 2007.
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Consequently and in accordance with the provisions of paragraph 21 of article 2 of the decree
2153 of 1992, this Office issues the following instruction:
a) SNDT operators must process requests, complaints and claims that are
presented directly by the interested parties or sent by this Superintendency, in accordance with
with the provisions of Chapter VII of Title VIII of Law 142 of 1994;
Said requests must be resolved within fifteen (15) days and, in the responses to the
same, the proceeding resources must be indicated. If the appeals are filed, the operator
must resolve the replacement and, when applicable, refer to the Superintendency of Industry and
Trade the appeal subsidiary within ten (10) days, counted from the day
following the date on which the decision is rendered at the company headquarters that resolves the appeal
replacement.
They are exempt from being processed and answered by the operators, in the terms indicated in
precedence, requests, complaints, claims and appeals presented by its subscribers and
users, directly or indirectly related to the terminal equipment, when this has not been
sold or supplied in any way by the same operator.
1.9. Notification of business decisions
The notification of the decisions adopted by the SNDT operators within a procedure of a
petition, complaint or claim or appeal, must be made in accordance with the provisions of the Code
Administrative Litigation.
Notwithstanding the foregoing, operators may choose other alternative notification mechanisms
that effectively guarantee the knowledge of the decision by the interested party. Such
mechanisms must be authorized by the Superintendency of Industry and Commerce in the
prior to its implementation.
1.10. Referral of files to the SIC for decision of the appeal
The files sent to the Superintendency of Industry and Commerce by the operators of
SNDT to decide the appeal filed by the claimant at the headquarters of
company, must meet, as a minimum, the following requirements for admission and processing:
to)

Cover or cover that must contain:
•
•
•

Company name of the operator
Nit. operator
Name of the operator's legal representative
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•
•
•
•
•
•
•

Name or business name of the appellant
Identification of the appellant (Nit., CC, CE, etc.)
Complainant's notification address
Complainant's city of residence
Telephone number related to the claim (mobile or landline), when applicable
coming
Type of complaint according to the classification included in section 1.7.1.4.
Total number of pages submitted

b) Contents index indicating each of the pieces that are part of the
file in its respective chronological order, as well as its location within the respective
foliation.
c)

Document containing the request, complaint or claim presented by the subscriber, user or
consumer, which led to the initiation of the procedure at the company headquarters, including the
all of the annexes provided by the petitioner at the time of their filing with the
operator.

d)

Document containing the response provided by the operator to the request, complaint or
claim submitted by the subscriber, user or consumer, which led to the initiation of the
proceedings at the company headquarters, including all the supporting documents that
served as the basis for the decision.

and)

Document containing the appeal for reconsideration and subsidiary of appeal presented by
the claimant, including all the annexes provided by the appellant to the
moment of its filing before the operator.

f) Document containing the response provided by the operator to the resource of
replacement, including all the evidential supports that served as
basis for the adoption of the decision.
g) Proof of the notification of the responses issued by the operator, either by the
procedure provided for in article 159 of law 142 of 1994, modified by article 20
of Law 689 of 2001, or through an alternative notification mechanism duly approved
previously by the Superintendent of Industry and Commerce in the terms of numeral
1.9 of this Circular.
1.11.

Supervision mechanisms for SNDT operators

1.11.1.

Quality of the customer service line

A control of the quality of the customer service must be carried out by telephone, which
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will include:
a) Number of calls made to user service lines;
b) Number of calls made to user service lines and redirected to a
customer service advisor;
c) Number of calls made to the customer service lines and redirected to a
customer service advisor that were canceled by the user before being served by the
customer service advisor;
d) Average waiting time of a user, counted in seconds between the moment in which
He is referred to a customer service advisor and the one where he begins to be served.
This information must be available to control bodies.

1.11.2.

Quality of customer service

The following information must be available at each of the customer service posts:
a) Number of users served in each of the centers arranged for this purpose;
b)

Number of users who gave up in each of the centers arranged for this purpose;

This information must be available to control bodies.
1.11.3.

Publication

The information referred to in paragraphs 1.11.1 and 1.11.2 must be published in accordance with
monthly, within the first ten (10) business days, on the website of the operator of
SNDT.
The first publication will be made within the first ten (10) business days of the month following
the one in which the operator starts operations.
1.11.4. Quality control certification

*

.

SNDT operators must publish, in the terms indicated in the previous paragraph, a
certification of internal or external auditor, stating that the information published in the
website has been previously verified and fully complies with the parameters set in the
Numerals 1.11.1 and 1.11.2 of Title III of the Sole Circular.

*

External Circular 003 of June 7, 2007, Published in Official Gazette No. 46,657 of June 12, 2007.
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1

1.12. Modification of contracts
In accordance with the provisions of paragraph 7.6.1.5 of article 7.6.1 of Resolution 87 of
1997 of the CRT, cannot be included in the service provision contracts, clauses in which
any manifestation of will on the part of the subscriber is presumed, unless it is granted to
this is a long term to expressly express themselves on the matter and be informed about the
consequences arising from their silence, once the specified period has expired. In consecuense,
SNDT operators, in order to make any contractual modification effective, must inform
the subscribers in the terms and terms agreed in the contracts and, in the absence of those, the
communication that the report must include the following text:
" For the purpose of expressly stating your acceptance or rejection of this
modification, you have a term of thirty (30) calendar days, counted from the date of
date of receipt of this communication. In case of silence, it will be understood by
accepted and it will take effect at the expiration of the billing period in which the
find. "
Likewise, subscribers must be informed where, before whom and how they should make the
Manifestation of express will to accept or reject any contractual modification .
1.13 Termination of the service provision contract. *
To guarantee the freedom of choice of users enshrined in article 53 of Law 1341
of 2009, telecommunications service providers shall observe the following
instructions regarding requests for termination of the contract:
1.13.1. Any request for termination of the contract must be assigned the respective unique code
numeric (CUN).
1.13.2. The response to the request for termination of the contract submitted by the subscriber or by
person duly authorized by him for that purpose, in all cases it must be positive
Regarding the termination of the contractual relationship, without prejudice to the application of the
following rules:
1.13.2.1. If the request is filed with an advance equal to or greater than ten (10) calendar days
Regarding the billing cut-off date, in the latter the interruption of the
service, without prejudice to the fact that the response, which must occur within the term provided in the
Article 54 of Law 1341 of 2009, is generated later.
1.13.2.2. If the request is filed less than ten (10) calendar days in advance with respect to
of the billing cut-off date, the interruption of the service must materialize in the cut-off of
*

External Circular No. 006 of March 11, 2011. Published in the Official Gazette No. 48.011 of March 14, 2011
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subsequent billing, in accordance with the provisions of the third paragraph of article 68 of the Regime
Protection of the Rights of Subscribers and / or Users of Services of
Telecommunications, a rule that must be expressly cited by the service provider in the
response to the request.
1.13.2.3. In cases where a minimum permanence clause has been signed with the full of
all the requirements set forth in the Regime for the Protection of the Rights of the
Subscribers and / or Users of Telecommunications Services, and the termination requestor
unilateral and anticipated of the contract does not defend, expressly or implicitly, a just cause, the
supplier shall proceed in the manner indicated in numbers 1.13.2.1 and 1.13.2.2, according to
corresponds.
1.13.2.4. In cases where a minimum permanence clause has been signed with the full of
all the requirements set forth in the Regime for the Protection of the Rights of the
Subscribers and / or Users of Telecommunications Services, and the termination requestor
unilateral and anticipated of the contract fences, expressly or implicitly, a just cause that is
accepted by the supplier, it must proceed in the manner indicated in paragraphs 1.13.2.1 and
1.13.2.2, as applicable.
1.13.2.5. In cases where a minimum permanence clause has been signed with the full of
all the requirements set forth in the Regime for the Protection of the Rights of the
Subscribers and / or Users of Telecommunications Services, and the termination requestor
unilateral and anticipated of the contract fences, expressly or implicitly, a just cause that is not
accepted by the supplier, it must proceed in the manner indicated in paragraphs 1.13.2.1 and
1.13.2.2, as appropriate, without prejudice to the fact that the procedure must be carried out at the company headquarters in the
framework from which the origin or inadmissibility of the just cause invoked by the
petitioner.
1.13.2.6. In the event that the service provider has provided one of the
or more equipment or elements necessary for the provision of the service, the termination of the contract
must materialize in the precise terms indicated above, while the return
of the referred equipment or elements will be a consequence of the termination of the relationship
contractual and, in no case, a requirement for its origin.
1.13.2.7. The return or refund to the supplier of the equipment or items delivered as a
The loan must be made in the same way it was delivered to the subscriber. On
Consequently, if the delivery was carried out at the subscriber's domicile or in a different place
indicated by the latter for the provision of the service, the subscriber may not be required to perform the
delivery of the referred equipment or elements in a different place.
1.13.2.8. In the events in which the return or refund of the equipment or items delivered in
loan to the subscriber, must be made at his address or in a different place indicated by him for the
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provision of the service, the service provider must formally make an appointment for the
effect, the support of which must be kept by the service provider, indicating the date and time
of the visit.
The breach of the scheduled appointment by the subscriber, empowers the service provider
to demand that the delivery of the equipment or elements be carried out at any
customer service, at the option of the subscriber, within a reasonable period that, in no case,
it may be less than fifteen (15) business days.
1.13.2.9. In no case, the service provider may condition the processing of a request for
termination of the contract to the cancellation of the obligations in arrears by the subscriber, without
detriment to the provider being able to pursue your payment, as well as that of the corresponding values
to the early termination of the contract without just cause when there is a permanence clause
minimum subscribed with the full of the legal requirements.
1.13.2.10 . The loyalty or retention practices of subscribers, which may be carried out by
the company within the period provided for the interruption of the service, in no case suspend or
they differ that term.
In all cases, the provider must keep proof of the withdrawal of the subscriber regarding
of your request for termination of the contract, in which the
conditions, incentives or benefits offered, indicating their validity.
In no case, the conditions, incentives or benefits offered to the subscriber may consist of the
signing a new contract that includes a minimum permanence clause.
1.13.2.11 . The loyalty or retention practices must cease at the moment in which the
subscriber requests it.
Telecommunications service providers must disclose the content of this
instruction in the terms provided in the final paragraph of numeral 8.4 of article 8 of the Regime of
Protection of the Rights of Subscribers and / or Users of Telecommunications Services,
under the heading “ Important information that you should know if you want to end your contract
of service provision "

CHAPTER TWO SPECIAL INSTRUCTIONS FOR TELEPHONY OPERATORS
MOBILE (TMC AND PCS) AND TRUNKING

2.1. Instructions regarding the sufficiency of the information to be provided to the
subscribers or users of the cellular mobile telephone service (TMC); of
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service of personal communication systems (PCS) and the service of
Trunking during the execution of the consumer contract.
2.1.1. Summary information on consumption
Notwithstanding the provisions of other provisions, TMC, PCS and Trunking operators must
keep available to the subscriber or user, through the user service line and in
free of charge, a summary of your account status, which must include at least the following:
a) Plan contracted and its description;
b) According to the appraisal system used by the operator, the exact number (not
minutes or seconds of voice service consumed, since the last power outage.
billing up to 48 hours prior to the consultation or the lower time limit established by the
operator. Except, from the inclusion in the summary of the account statement, the minutes or
seconds consumed in national and international roaming, international long distance,
supplementary and data services, an aspect of which the subscriber will be expressly informed or
Username. In any case, the user must be informed of the time limit applied.
Operators may limit the number of account summary inquiries that are made in
free of charge, for each subscriber, to a number that in no case will be less than two (2) a day
within the respective billing period or cycle. No other inquiries through the line
customer service, different from the one referred to, may be a matter of charge
by the operator.
The corresponding rates, as well as the number of free consultations per subscriber, must be
informed to each subscriber, individually, at least through their billing bill
monthly or by communication sent exclusively for that purpose .
2.2.

Billing audit

The mobile phone service provider (TMC and PCS) and Trunking must certify the appropriate

operation of your call log system to avoid being charged for
those not completed in the terms indicated in current regulation, as well as the due
application of rates and their reflection in billing, through an internal or external audit. Is
may be carried out before or after the launch of each plan or the implementation of a
tariff modification, having to conclude in any case prior to the issuance of the
first invoices that include these variations.
Invoices can only be generated when the result of the audit carried out concludes that no
there are faults in the respective system.
All audit files must be stored. Likewise, they must remain at
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disposition of the Superintendency of Industry and Commerce at the time it is, in the
fulfillment of its functions, requires them.
The audit must be certified by the billing manager or the managerial position that makes its
Sometimes, in his capacity as directly responsible in the matter, by means of a communication sent to
the Superintendency of Industry and Commerce within five (5) days following its completion,
which must contain the following:
a) That the invoices comply with current regulatory requirements;
b) That the system prevents the billing and consequent collection of calls not completed;
c) That the rate options of each evaluated plan were monitored;
d) Methodology applied for the verification of each plan;
e) The date of completion of the audit;
F)

The person responsible for the evaluation;

2.3. Eventual audits
Without prejudice to the provisions of the previous paragraph, in the event that risks are detected or
submit claims in relation to the pricing and billing systems, the
Superintendency of Industry and Commerce may order the billing manager or the position
manager who takes his place, in his capacity as directly responsible in the matter, who certifies the
status of the same in accordance with the requirements set forth in section 2.2.
2.4. Annual certification
Mobile phone service providers (TMC and PCS) and Trunking must certify
to the Superintendency of Industry and Commerce, the number of billing audits or eventual
carried out during the calendar year as well as the results thereof. This certification
It will be in charge of the legal representative of the company and must be presented before April 15.
2.5. Information on charging for the text message transmission service from the
Internet
The charges for the service of transmission of messages from the internet to a mobile phone are
they are generated for the receiver of the message, that is, for the subscriber of the mobile line. However, and in
reason that it does not have direct control over its use, its prior acceptance of the
service, for which the following parameters will be followed :
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The service will be understood to be accepted when it has been carried out by the operator of
mobile telephony, by any means, the corresponding query, the subscriber has NOT stated,
also by any means, your NO ACCEPTANCE of the aforementioned service.
If within a reasonable period, which in no case will be less than thirty (30) calendar days, no
there is any manifestation on the part of the subscriber, having been made aware of the consequences that
are derived from your silence, it will be understood that you accept the aforementioned service.
The transmission service of messages originating from the internet may be offered packaged
together with other services, provided that the operators offer, in a disaggregated form, the same
telecommunications services that are packaged.

2.6. Subscriber activation
2.6.1. Information on terminal equipment
All TMC and PCS operators must have a database of the equipment
terminals that are reported as lost or stolen or deactivated due to fraud or
for not paying any invoice received after the sale, where the
complete identification of the device (the serial number), the technology of the equipment, the operator
originated the report, as well as the date and time the report was produced.
2.6.2. Database update
The databases indicated in the previous paragraph must be updated by the operators
permanently and, in any case, at most every twenty-four (24) hours.
2.6.3. Database compatibility
All TMC and PCS telephony operators whose technology and frequency band used
allow the use of terminal equipment from other providers of these services, they must
jointly guarantee reciprocal accessibility to their equipment databases
reported terminals (those referred to in section 2.6.1), for which they will adopt the
technological measures that are necessary in order to ensure the compatibility of the
same within a maximum period of three (3) months from the entry into force of the
present Circular.
In any case, such compatibility in the databases must be foreseen and guaranteed by the
new mobile phone operators, within three (3) months after the start of their
operations.

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2.6.4. Database audit
TMC and PCS telephony operators must certify, through an internal or external audit,
that the databases of terminal equipment reported as lost or stolen,
contain real information and comply with all the update conditions and
availability referred to in this chapter.
The audit certification must be sent by the legal representative, by means of communication
sent to the Superintendency of Industry and Commerce within fifteen (15) days following the
expiration of each calendar semester.
2.6.5. Conditions for activating subscribers
In no case a TMC and PCS operator may activate a new subscriber, including the cases
in which the terminal equipment is provided by the user, if this is reported as
lost or stolen in the databases referred to in this chapter.
TMC and PCS operators may include contractual clauses in which it is stipulated that if after the
activation of the terminal equipment, it is verified that it is reported in the databases as lost or
stolen, they can deactivate the line without prior notice.

2.7. Quality Index in the Attention to Mobile Telephony Users. * ++
Mobile phone service providers must report to the Superintendency of Industry
and Commerce, the information corresponding to the indicators indicated below:
INDICATOR

DESCRIPTION

PERIODICITY

Number of calls made to customer service lines
Username.

1

Monthly

Number of calls made to customer service lines
user and redirected to a customer service advisor.

two

Monthly

Number of calls made to customer service lines
user and redirected to a customer service advisor
that were canceled by the user before being served
by the advisor, as long as the user timeout
has been for at least twenty (20) seconds.

3

Monthly

External Circular No. 002 of January 14, 2011. Published in the Official Gazette No. 47,952. of January 14, 2011.
++ Amended by External Circular No. 011 of April 6, 2011. Published in the Official Gazette No. 48,035 of April 7,
April 2011.
*

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4

Average time, counted in seconds, between
moment in which the user begins to be attended by a
customer service advisor and the one where the
call.

Monthly

5

Average wait time of a user, counted in
seconds, between the time you are referred to an advisor
customer service and the one in which it begins to be
attended.

Monthly

Number of calls in which the waiting time of the
user, between the time it is referred to an advisor
customer service and the one in which it begins to be
attended, was between 0 and 20 seconds.

6

Monthly

Number of calls in which the waiting time of the
user, between the time it is referred to an advisor
customer service and the one in which it begins to be
attended, it was between 21 and 40 seconds ..

7

Monthly

Number of calls in which the waiting time of the
user, counted in seconds, between the moment it is
referred to a customer service advisor and one where
begins to be attended, was between 41 and 60
seconds.

8

Monthly

Number of calls in which the waiting time of the
user, counted in seconds, between the moment it is
referred to a customer service advisor and one where
begins to be attended, it was longer than 61 seconds.

9

Monthly

Number of subscribers in postpaid and
prepaid who have used the system in the quarter
previous or that have a current balance in the load.

10

Monthly

Number of users served in each of the centers
arranged for this purpose.

eleven

Monthly

Average wait time of a user, counted in
minutes, between when a shift is assigned
in the customer service center and the one where it is
actually attended by an advisor.

12

Monthly

Number of cases in which the waiting time of the
user, between the time a shift is assigned
in the customer service center and the one where it is
actually attended by an advisor, did not exceed 14
minutes and 59 seconds.

13

Monthly

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Number of cases in which the waiting time of the
user, between the time a shift is assigned
in the customer service center and the one where it is
actually attended by an advisor, was understood
between 15 minutes and 29 minutes and 59 seconds.

14

Monthly

Number of cases in which the waiting time of the
user, between the time a shift is assigned
in the customer service center and the one where it is
actually attended by an advisor, was understood
between 30 minutes and 59 minutes and 59 seconds.

fifteen

Monthly

16

Number of cases in which the waiting time of the
user, between the time a shift is assigned
in the customer service center and the one where it is
actually attended by an advisor, it was higher than 60
minutes.

Monthly

17

Total number of PQRs filed directly with the
operator or transferred by the SIC.

Monthly

Number of PQR resolved in favor of the claimant in
First instance.
Number of PQRs resolved totally or partially against the
claimant in the first instance.

18
19

Monthly
Monthly

Number of PQR resolved in favor of the claimant in
first instance, related to reporting to central
risks.
Number of PQR resolved in favor of the claimant in
first instance, related to deficiencies in the
quality of service, except those in which it is found
duly demonstrated that the failure to provide the
service was due to force majeure or acts of God.
Number of PQR resolved in favor of the claimant in
first instance, related to billing.

twenty

twenty-one

22

Monthly

Monthly

Monthly

Number of PQR resolved in favor of the claimant in
first instance, related to suspension charges
from service.
Number of appeals for reconsideration filed with the
Service provider.

2. 3

24

Monthly

Monthly

Number of appeals for replacement decided by the
provider totally or partially against the user.

25

Monthly

26

Number of appeals for replacement decided by the
provider in favor of the user.

Monthly

27

Number of appeals submitted by the provider
to the SIC.

Monthly

28

Number of appeals decided by the SIC
revoking or modifying the business decision,
except those in which the modification has
state referred exclusively to the need to
adequately demonstrate application of adjustments
made in favor of the user.

Monthly

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29

Number of PQRs not attended to in a timely manner, which have
led to recognition at the SAP company headquarters.

Monthly

30

Number of actions by SAP initiated by the SIC.

Monthly

31

Number of SAPs identified or declared by the SIC or
recognized before the SIC by the provider.

Monthly

33

Number of requests for guarantee effectiveness regarding
terminal equipment.
Number of requests for guarantee effectiveness regarding
terminal equipment, favorably attended.

3. 4

Number of requests for guarantee effectiveness regarding
terminal equipment, unfavorably attended.

32

Monthly
Monthly

Monthly

Number of cases in which the technical review of the
terminal equipment to verify the origin of the guarantee,
was carried out in a term less than or equal to 3 days, if not
loaned equipment to the user, or 5 days into the
event in which equipment has been loaned out
to user.
Number of cases in which the technical review of the
terminal equipment to verify the origin of the guarantee,
It was carried out in a term equal to or greater than 4 days, if not
loaned equipment to the user, or 6 days into the
event in which equipment has been loaned out
to user.
Number of cases in which equipment repair
terminal was carried out in a term greater than 10 days, if
equipment was not loaned to the user, or 15 days
in the event that a team has been delivered in
loan to user. These terms will be counted from
the determination of the origin of the guarantee, or from
the authorization of the repair at the user's expense before the
inadmissibility of the guarantee.

35

36

37

Monthly

Monthly

Monthly

This information should be sent to the Telecommunications Working Group of the Directorate of
Consumer Protection of the Consumer Protection and Metrology Delegation, in the middle
magnetic (file in Excel), with the same periodicity indicated for that foreseen in the
numeral 1.7.1.3 of the First Chapter of this Title.
The Superintendency of Industry and Commerce will calculate quarterly, based on the
previous indicators, the following quality index in the attention to mobile phone users:

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INDICATOR

1
two

DESCRIPTION

PERIODICITY

Number of calls made to user service lines.

Number of calls made to user service lines and
redirected to a customer service advisor.

FACT

SCORE PERCENTAGE RATING

REPORTED
Monthly

Referrer

0

NA

0.00

0

Monthly

Referrer

0

NA

0.00

0

fifty

0.00%

0.00

0

Number of calls made to customer service lines and
redirected to a customer service advisor who were canceled
3

by the user before being attended by the advisor, provided that the

Monthly

user waiting time has been at least twenty (20)
seconds.
Average time, counted in seconds, between the moment when
4

the user begins to be served by a customer service advisor and

Monthly

Referrer

0

NA

0.00

0

Monthly

Referrer

0

NA

0.00

0

Monthly

0

0.00%

0.00

0

Monthly

35

0.00%

0.00

0

Monthly

55

0.00%

0.00

0

Monthly

75

0.00%

0.00

0

the one in which the call ends.
Average wait time of a user, counted in seconds,
5

between the time you are referred to a customer service advisor and
the one in which he begins to be cared for.
Number of calls in which the user timeout,

6

between the time you are referred to a customer service advisor and
the one in which he begins to be attended, was between 0 and
20 seconds.
Number of calls in which the user timeout,

7

between the time you are referred to a customer service advisor and
the one in which he begins to be cared for, was between 21 and
40 seconds.
Number of calls in which the user timeout,
counted in seconds, between the time it is referred to an advisor

8

customer service and the one in which it begins to be attended, was
between 41 and 60 seconds.
Number of calls in which the user timeout,

9

counted in seconds, between the time it is referred to an advisor
customer service and the one in which it begins to be attended, was
longer than 61 seconds.
Number of subscribers in postpaid and prepaid modalities that

10

have used the system in the previous quarter or have a balance

Monthly

Referrer

0

NA

0.00

0

Monthly

Referrer

0

NA

0.00

0

Monthly

Referrer

0

NA

0.00

0

Monthly

0

0.00%

0.00

0

Monthly

35

0.00%

0.00

0

Monthly

55

0.00%

0.00

0

Monthly

75

0.00%

0.00

0

current in the load.
eleven

Number of users served in each of the available centers
to this end.
Average wait time of a user, counted in minutes,

12

between the time when you are assigned a shift at the
customer service and the one in which it is effectively attended by a
adviser.
Number of cases in which the user waiting time, between the
the moment a shift is assigned to the care center for

13

clients and the one in which he is actually attended by an advisor, not
exceeded 14 minutes and 59 seconds.

Number of cases in which the user waiting time, between the
the moment a shift is assigned to the care center for
14

clients and the one in which it is effectively attended by an advisor,
It was between 15 minutes and 29 minutes and 59 seconds.

Number of cases in which the user waiting time, between the
the moment a shift is assigned to the care center for
fifteen

clients and the one in which it is effectively attended by an advisor,
It was between 30 minutes and 59 minutes and 59 seconds.

Number of cases in which the user waiting time, between the
16

the moment a shift is assigned to the care center for
clients and the one in which he is actually attended by an advisor, was
longer than 60 minutes.

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17
18
19

twenty

Total number of PQRs filed directly with the operator or
transferred by the SIC.
Number of PQRs resolved in favor of the claimant in the first instance.
Number of PQRs resolved totally or partially against the
claimant in the first instance.
Number of PQRs resolved in favor of the claimant in the first instance,
related to reporting to credit bureaus.

Monthly

Referrer

0

NA

0.00

0

Monthly

Referrer

0

NA

0.00

0

Monthly

Referrer

0

NA

0.00

0

Monthly

35

0.00%

0.00

0

Monthly

30

0.00%

0.00

0

Monthly

25

0.00%

0.00

0

Monthly

twenty

0.00%

0.00

0

Number of PQRs resolved in favor of the claimant in the first instance,
twenty-one

related to deficiencies in the quality of the service, except those in
those that it is duly demonstrated that the failure in the
provision of the service was due to force majeure or unforeseeable circumstances.
22
2. 3
24
25
26
27

Number of PQRs resolved in favor of the claimant in the first instance,
related to billing.
Number of PQRs resolved in favor of the claimant in the first instance,
related to charges for suspension of service.
Number of appeals for replacement filed with the provider of
services.
Number of replenishment resources decided by the supplier total or
partially against the user.
Number of remedies for replacement decided by the provider in favor
of the user.
Number of appeal resources sent by the provider to the SIC.

Monthly

Referrer

0

NA

0.00

0

Monthly

Referrer

0

NA

0.00

0

40

0.00%

0.00

0

0

0.00%

0.00

0

Monthly

200

0.00%

0.00

0

Monthly

10

0.00%

0.00

0

0

0.00%

0.00

0

200

0.00%

0.00

0

Monthly
Monthly

Referrer

Number of appeals decided by the SIC revoking or
modifying the business decision, except those in which
28

the modification has been referred exclusively to the need to
that the application of adjustments made to the
favor of the user.

29
30
31
32
33
3. 4

Number of PQRs not attended to in a timely manner, which have led to the
recognition at the SAP company headquarters.
Number of actions by SAP initiated by the SIC.

Monthly

Number of SAP identified or declared by the SIC or recognized before
the SIC by the provider.
Number of requests for warranty effectiveness regarding the equipment
terminal.
Number of requests for warranty effectiveness regarding the equipment
terminal, favorably attended.
Number of requests for warranty effectiveness regarding the equipment
terminal, unfavorably attended.

Referrer

Monthly
Monthly

Referrer

0

NA

0.00

0

Monthly

Referrer

0

NA

0.00

0

Monthly

Referrer

0

NA

0.00

0

Monthly

0

NA

0.00

0

Monthly

30

0.00%

0.00

0

Monthly

30

0.00%

0.00

0

Number of cases in which the technical review of the terminal equipment
to verify the origin of the guarantee, it was carried out in a term
35

less than or equal to 3 days, if no equipment was loaned to the
user, or 5 days in the event that a team has been delivered
on loan to the user.
Number of cases in which the technical review of the terminal equipment
to verify the origin of the guarantee, it was carried out in a term

36

equal to or greater than 4 days, if no equipment was loaned to the
user, or 6 days in the event that a team has been delivered
on loan to the user.
Number of cases in which terminal equipment repair is carried out
carried out in a term greater than 10 days, if a
equipment on loan to the user, or 15 days in the event that it is

37

has loaned equipment to the user. These terms will be
counted from the determination of the origin of the guarantee, or
from the authorization of the repair at the user's expense before the
inadmissibility of the guarantee.
TOTAL SCORE

1000

0.00

The quality index in the attention to mobile phone users will be published by the
Superintendency of Industry and Commerce, in accordance with the terms of the protocol for the
quarterly mobile phone press release.
2.7.1. Index calculation methodology: *
The index to which the reference is made will be calculated taking into account the following
methodology:

*

External Circular No. 011 of April 6, 2011. Published in the Official Gazette No. 48,035 of April 7, 2011.
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Indicator 3

Where:
Number of calls made to customer service lines and
redirected to a customer service advisor that were canceled by the user
before being attended by the advisor, provided that the user's waiting time has
been for at least twenty (20) seconds.
It is the total number of calls made to the customer service lines.
It is the total number of users of the operator.
Indicator 7

Where:
Number of calls in which the user wait time, between the
the time you are referred to a customer service advisor and the time you start
to be attended, it was between 21 and 40 seconds.
It is the total number of calls made to the customer service lines.
It is the total number of users of the operator.
Indicator 8

Where:
Number of calls in which the user wait time, counted in
seconds, between the time you are referred to a customer service advisor and
the one in which it begins to be attended, was between 41 and 60 seconds.
It is the total number of calls made to the customer service lines.
It is the total number of users of the operator.

Indicator 9

Where:
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Number of calls in which the user wait time, counted in
seconds, between the time you are referred to a customer service advisor and
the one in which it begins to be attended, was longer than 61 seconds.
It is the total number of calls made to the customer service lines.
It is the total number of users of the operator.
Indicator 14

Where:
Number of cases in which the user waiting time, between the
the moment you are assigned a shift at the customer service center and
that in which he is effectively attended by an advisor, was included between
14 minutes and 59 seconds.
It is the total number of users who approached a customer service center
client and they were given a turn.
It is the total number of users of the operator.
Indicator 15

Where:
Number of cases in which the user waiting time, between the
the moment you are assigned a shift at the customer service center and
that in which he is effectively attended by an advisor, was included between
15 minutes and 29 minutes and 59 seconds.
It is the total number of users who approached a customer service center
client and they were given a turn.
It is the total number of users of the operator.
Indicator 16

Where:
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Number of cases in which the user waiting time, between the
the moment you are assigned a shift at the customer service center and
that in which he is effectively attended by an advisor, was included between
30 minutes and 59 minutes and 59 seconds.
It is the total number of users who approached a customer service center
client and they were given a turn.
It is the total number of users of the operator.
Indicator 20

Where:
It is the number of PQR resolved totally or partially in favor of the claimant
in the first instance, related to reporting to credit bureaus.
It is the total number of PQRs, related to reporting to the credit bureaus.
It is the total number of users of the operator.
Indicator 21

Where:
Number of PQRs resolved in favor of the claimant in the first instance,
related to deficiencies in the quality of the service, except those in which
it is duly demonstrated that the failure to provide the service
It was due to force majeure or fortuitous event.
It is the total number of PQRs related to the deficiency in the quality of the
service.
It is the total number of users of the operator.
Indicator 22

Where:
It is the number of PQR resolved totally or partially in favor of the claimant
in the first instance, related to billing.
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It is the total number of PQRs related to billing.
It is the total number of users of the operator.
Indicator 23

Where:
It is the number of PQR resolved totally or partially in favor of the claimant
in the first instance, related to charges for suspension of service.
It is the total number of PQRs related to billing.
It is the total number of users of the operator.
Indicator 26

Where:
It is the number of replacement resources decided by the provider in favor of
of the user.
It is the total number of replacement resources.
It is the total number of users of the operator.
Indicator 28

Where:
Number of appeals decided by the SIC revoking or
modifying the business decision, except those in which the
modification has been referred exclusively to the need to
adequately demonstrate the application of adjustments made in favor of the
Username.
It is the total number of appeals.
It is the total number of PQRs.
It is the total number of replacement resources.
It is the total number of users of the operator.
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Indicator 29

Where:
It is the total number of PQRs not attended in a timely manner, that have given
Place of recognition at the SAP company headquarters.
It is the total number of PQRs.
It is the total number of users of the operator.
Indicator 31

Where:
It is the total number of SAP identified or declared by the SIC or recognized
before the SIC by the provider.
It is the total number of PQRs.
It is the total number of users of the operator.
Indicator 36

Where:
Number of cases in which the technical review of the terminal equipment to
verify the origin of the guarantee, it was carried out in a term equal to or greater than
4 days, if a device was not loaned to the user, or 6 days in the event
in which equipment has been loaned to the user.
It is the total number of technical review of equipment.
It is the total number of users of the operator.
Indicator 37

Where:
It is the number of cases in which the repair of the terminal equipment was carried out
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carried out in a term greater than ten (10) days, counted from the determination
from the origin of the guarantee, or from the authorization of the repair at the
of the user before the inadmissibility of the guarantee.
It is the total number of equipment for repair.
It is the total number of users of the operator.
CHAPTER THREE CHAPTER THREE GENERAL PROVISIONS
3.1.

Excepted operators

SNDT operators with less than two thousand five hundred (2,500) active subscribers
will be exempted from compliance with the provisions of paragraphs 1.7, 1.11 and 2.2 to 2.4 of the
present Title.
3.2.

Sanctions

Failure to comply with the instructions given in this title will imply a violation of the
Provisions on the protection of subscribers, users or consumers of services not
domiciliary telecommunications and will give rise, as the case may be, to the imposition of sanctions
provided for in the Contentious Administrative Code, Decree 3466 of 1982, Law 142 of 1994 and
other applicable standards.
3.3.

Transitional regime

3.3.1.

Compliance with new obligations

To comply with the new obligations established in this External Circular, the
SNDT operators will have a term of six (6) months from the moment they
it enters into force.

3.3.2.

Information report through the SIUST portal

Obligations related to the submission of information through the SIUST portal must
continue to be executed in the manner indicated in the respective External Circulars issued by the
SIC, until it is duly implemented to receive the data sent by
the operators.

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P.

TITLE IV PROMOTION AND CONTROL OF TECHNICAL STANDARDS .......................................... .................. 1
CHAPTER ONE REGISTRATION OF MANUFACTURERS AND IMPORTERS OF PRODUCTS AND
SERVICE PROVIDERS SUBJECT TO COMPLIANCE BY NTCOO OR
TECHNICAL REGULATIONS. .................................................. ............................... 1
1.1
1.2
1.3

Register of manufacturers and importers of goods controlled by the SIC. ............................... 1
Mechanism for registration. .................................................. ................................................ 1
Penalty regime. .................................................. .................................................. ......... 1

CHAPTER TWO CERTIFICATES OF CONFORMITY ............................................. ........................ two
2.1

Products for which the certificate of conformity with NTCOO or regulation is required
technical ................................................. .................................................. ............................... 2
Bodies that can issue the certificate of conformity .......................................... ...... two
National accredited product certification body ........................................... ........ two
Recognized certification body .............................................. ........................................ 2
Transitional regime ............................................... .................................................. .............. 2
Superintendency of Industry and Commerce ............................................. ................................... 3
Classes and validity of certificates of conformity .......................................... .................... 3
Companies with certified online quality management systems for controlled products. 3
Agreements between accredited certification bodies ............................................ ............. 3
Carrying out tests in laboratories ............................................. ........................................ 4
Obligation of accredited certification bodies to handle information on
Certificate of conformity ............................................... .................................................. ........ 4
When there is no accredited testing laboratory ........................................... ..................... 4
Certificate of conformity issued by certification bodies accredited by
IAF / MLA signatory bodies * ........................................... ................................................ 4
Inputs used in production lines that have certificates of assurance of the
quality system ............................................... .................................................. .................... 6
Agreement with the Superintendency of Industry and Commerce to implement the laboratory
specific ................................................. .................................................. ............................... 6
Lack of an accredited testing laboratory ............................................ ......................... 6
Presentation of the application before the Superintendency of Industry and Commerce ........................ 7
Information about the project to be developed ............................................ ................................... 7
Provisional certificate of conformity issued by the legal representative ................................ 9
Rules applicable to importers ............................................. ............................................ 9
Rules applicable to national manufacturers ............................................ ............................ 10
Presentation of the certificate of conformity before the Ministry of Foreign Trade ............. 10

2.2
2.2.1
2.2.2
2.2.3
2.2.4
2.3
2.4
2.5
2.6
2.7
2.8
2.8.1
2.8.2
2.8.3
2.8.3.1
2.8.3.2
2.8.3.3
2.9
2.9.1
2.9.2
2.10

CHAPTER THREE TECHNICAL REGULATIONS .............................................. .................................. eleven
3.1
3.1.1
3.1.2

Issuance of technical regulations .............................................. .......................................... eleven
Definitions................................................. .................................................. ........................... eleven
Criteria and material conditions for the adoption of a technical regulation ....................... 12
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3.1.3
3.1.4
3.1.5

Content of technical regulations ............................................. ...................................... 13
Formal criteria and conditions .............................................. ................................................ 14
International notifications ................................................ .................................................. fifteen

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TITLE IV

PROMOTION AND CONTROL OF TECHNICAL STANDARDS

CHAPTER ONE REGISTRATION OF MANUFACTURERS AND IMPORTERS OF PRODUCTS AND
SERVICE PROVIDERS SUBJECT TO COMPLIANCE WITH
NTCOO OR TECHNICAL REGULATIONS.
1

1.1

Register of manufacturers and importers of goods controlled by the SIC *.

Manufacturers and importers of goods and service providers subject to compliance with
technical regulations whose control and surveillance has been assigned to the Superintendency of Industry
and Commerce, whether natural or legal persons, must register with this Superintendency
informing your identification number, the product or service that you will offer to the market and the
technical regulation to which it is subject.
1.2

Mechanism for registration *.

The information must be reported to the Superintendency of Industry and Commerce prior to the
start of commercialization activities through the link that for this purpose will be available in the
the entity's website.
By this means, the registration status will be confirmed and the relationship will be published on the same page.
of registered in the same registry for consultation of any interested party.
The information reported must be updated annually, within the first two (2) months of the
calendar year. Any modification in the information reported must be updated within
the five (5) business days following it.
Importers, manufacturers and providers of controlled services, who on the date of entry into
validity of this resolution are registered in the registry of the Superintendency of Industry
and Commerce, will continue with the assigned code and must update their registration in the
opportunity provided in this resolution.
1.3

Penalty regime *.

Failure to comply with the provisions of this chapter will entail the penalties provided for in the Decree
2269 of 1993.

* External Circular 00001 of January 30, 2008. Published in the Official Gazette 46,889 of February 1, 2008.
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This Superintendency may eliminate natural and legal persons from the registry regarding
which is proven a breach of the technical regulation and those that are
sanctioned with a marketing ban.
CHAPTER TWO CERTIFICATES OF CONFORMITY
For the purposes of the provisions of articles 7 and 8 of Decree 2269 of 1993 and 1 of Decree 300 of
1995, manufacturers and importers of products subject to compliance with NTCOO or regulations
technicians whose control and surveillance correspond to the Superintendency of Industry and Commerce,
must obtain a certificate of conformity.
two

2.1 Products for which the certificate of conformity with NTCOO or
technical regulation
In joint circular 007 annex 7.1, the products that require a certificate of
conformity prior to marketing and that are controlled and monitored by the
Superintendency of Industry and Commerce.

2.2 Bodies that can issue the certificate of conformity
The bodies that can issue the certificate of conformity of
dealt with in this chapter.
2.2.1

National accredited product certification body

2.2.2

Recognized certification body

In this case, the importer or manufacturer may certify the product's conformity certificate.
with the NTCOO or with the equivalent technical standard of the country with which an agreement of
recognition and validated, if applicable, by the Superintendency of Industry and Commerce.
a) Goods imported from Ecuador with INEN certificate: With the application for the registration or license of
import before the Ministry of Foreign Trade, the certificate issued must be presented
by the Ecuadorian Institute for Standardization - INEN.
b) Goods imported from Venezuela with Fondonorma certificate: With the application for registration or
import license before the Ministry of Foreign Trade, the certificate must be presented
issued by the Fund for Quality Standardization and Certification - Fondonorma.
2.2.3

Transitional regime

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Until August 30, 2002, for the purposes set forth in section 2.1. of this chapter, they will be
Valid certificates issued by entities that have requested accreditation as
certification body of the respective products before the Superintendency of Industry and
Commerce, once the documentary evaluation has been satisfied and the corresponding
field audit.
The Superintendency of Industry and Commerce will inform the Ministry of Foreign Trade the
Organizations whose certificates are authorized in accordance with the provisions of this
numeral.
2.2.4

Superintendency of Industry and Commerce

Only in the case of imports of controlled products destined exclusively and directly for
personal use of the importer as final recipient of imported goods, the Superintendency of
Industry and Commerce may issue the respective certificate of conformity. The importer must
Attach to your request a copy of the application for registration or import license and the invoice of
buys. The Superintendency of Industry and Commerce may refuse to issue the certificate of
compliance, whenever the quantity or frequency of the requests makes it possible to assume,
judgment of the Superintendency, purposes other than personal use.
2.3 Classes and validity of certificates of conformity
a) Lot test, valid only for the sampled lot.
b) Current type test, when the NTCCO or technical regulation admits it. Y
c) Type testing and evaluation of the factory's quality system and its current acceptance.
2.4 Companies with certified quality management systems in product line
controlled
When companies implement quality management systems in product lines
controlled and the certificate of conformity is obtained under the modality corresponding to literal c)
of numeral 2.3. of this chapter, the certifying entity may issue a certificate of conformity
for an additional batch without sampling. For this purpose, you must have the certificate
ISO 9001, 9002, 9003 or QS 9000 issued by an accredited body for this purpose.
2.5 Agreements between accredited certification bodies
For the purposes of this chapter, accredited certification bodies may establish
agreements with certification bodies of recognized suitability or accredited in those countries,
to carry out the necessary samples and verifications through them.
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2.6 Carrying out tests in laboratories
When the tests required for the issuance of the certificates of conformity established
in this chapter are carried out in Colombia, they must be carried out in laboratories accredited by the
Superintendency of Industry and Commerce. In the absence of an accredited laboratory for the
These tests may be carried out in laboratories previously approved by the
certification bodies. The certification body may only use these laboratories, to
the effects provided for in this chapter, for two (2) years from the first service
borrowed. Once this term has expired, it may not continue to be used unless it has obtained accreditation by
part of the Superintendency of Industry and Commerce for the type of tests in question.
2.7 Obligation of accredited certification bodies to handle information
about certificate of conformity
Accredited certification bodies must keep at the disposal of the Superintendency
of Industry and Commerce, the information related to the certificates they issue and the certificates
denied, in accordance with the format adopted by the Delegate Superintendent for the
Consumer Protection (annex 3.7 Submission of information from accredited bodies 3020
F06).
2.8 When there is no accredited testing laboratory
2.8.1

Certificate of conformity issued by certification bodies accredited by
IAF / MLA signatory bodies *

a) For the purposes provided in this chapter, when there is no testing laboratory in Colombia
accredited to carry out a specific test, the certificates of
conformity issued by certification bodies accredited by entities regarding the
which have been previously demonstrated before this Superintendency, that they are part of agreements
multilateral mutual recognition of accreditation, promoted or sponsored by the
International Accreditation Forum (IAF).

The demonstration of linkage to the IAF agreements before this entity should be done only by
one time. The Superintendency of Industry and Commerce will make available to the public the
registration of the entities whose proof has been made.

* Resolution No. 001 of January 2, 2003, Article 4: “This resolution shall be effective as of the date of its
publication". Published in the Official Gazette No. 45.060 of January 11, 2003.
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The certificates issued under the conditions referred to in this section will not require
endorsement or revalidation by the Superintendency of Industry and Commerce and
They shall subject, as far as its scope and validity are concerned, the text of the certification.
b) Procedure and form of presenting the certificate of conformity with the registration or license of
import before the Ministry of Foreign Trade.
If the certificate of conformity issued by the foreign certifying entity concerned
The preceding literal expressly indicates compliance with the official Colombian technical standard
mandatory or technical regulation, of any of its international antecedents or of a
normative reference for which the interested party has demonstrated to this Superintendency his
equivalence with the mandatory technical standard or technical regulation, the interested party may
present said certificate directly to the Ministry of Foreign Trade, without any formalities
additional information before the Superintendency of Industry and Commerce or any certification body
products accredited in Colombia.
When the certificate of conformity issued by the foreign certifying entity of which
It deals with literal a) of this numeral does not clearly and expressly indicate compliance with the standard
compulsory Colombian technique or the Technical regulation, or its international antecedent,
must be accompanied by the concept of equivalence with the mandatory requirements of the standard
Colombian technique or corresponding technical regulation. This concept must be requested
by the legal representative of the importer before the Superintendency of Industry and Commerce or
accredited national certification bodies, attaching a copy of the text of the standard
basis of the certification in Spanish or English, and the demonstration of the equivalence between
normative referents.
The concept of equivalence, which is obtained only once, will be presented to the Ministry
of Foreign Trade together with the application for registration or import license and certification
issued abroad.
c) When the certificate of conformity, issued in the terms of this numeral, demonstrates the
compliance with a regulatory benchmark through which the requirements are partially met
established in a technical regulation, compliance with the remaining requirements of the
technical regulation must be demonstrated by any of the modalities included in the
present title IV of the Sole Circular. In any case, the products may not be
marketed or made available to third parties in any way until they have the
definitive certificate proving compliance with the technical regulations, issued by a
competent body in the terms of this circular.
At the time of obtaining said definitive certificate, the importer must notify this
Superintendency to obtain marketing authorization for the product.
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2.8.2

Supplies used in production lines that have certificates of
quality system assurance

Until August 30, 2002, the certificates of conformity issued by the
manufacturer, provided that the Superintendency of Industry and Commerce informs the Ministry of
Foreign Trade that is about inputs to be used integrally in production lines
that have a quality system assurance certificate.
2.8.3

Agreement with the Superintendency of Industry and Commerce to implement the
specific laboratory

2.8.3.1

Lack of an accredited testing laboratory

For the purposes provided in this chapter, when there is no testing laboratory in Colombia
accredited to carry out a specific test will be valid, until August 30, 2002,
the certificates of conformity issued by the manufacturer, provided that the Superintendency of
Industry and Commerce notify the Ministry of Foreign Trade that one of the
following assumptions:
a) The company or group of companies have acquired with the same Superintendency, to their satisfaction,
commitment to:
- Install, put into operation and obtain the accreditation of the laboratory required for the
verification of the corresponding mandatory official requirements, within a period
determined that in no case will it exceed August 30, 2002. This assumption is
It will apply only with respect to the companies that are party to the respective agreement; Y
- Maintain temporary self-certification procedures that are individually
approved by this same entity.
b) The entities are responsible for keeping the documentation related to the tests or
verifications carried out, at the disposal of the Superintendency of Industry and Commerce.
Failure to comply with the agreed schedules will imply the non-application of the provisions of this
numeral.
The certificates issued in accordance with the provisions of this numeral will not require endorsement or
revalidation by the Superintendency of Industry and Commerce for use in the
importation procedures.

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2.8.3.2

Presentation of the application before the Superintendency of Industry and Commerce

Interested parties must submit a request for acceptance of the commitment, by means of communication
signed by the legal representatives of the participating companies, addressed to the Superintendent
Delegate for Consumer Protection of the Superintendency of Industry and Commerce in the
terms of annex 2.4.
2.8.3.3

Information about the project to be developed

a) Name: Also indicate if it is a manufacturer or importer
b) Purpose: Describe the purpose of the project specifying the official Colombian technical standards
mandatory (NTCOO) or technical regulations in reference.
c) Participants: Indicate the company (s) that sign the commitment.
BUSINESS

DIRECTION

LEGAL REPRESENTATIVE

d) Schedule of activities: The applicant for the commitment must submit an annex to this

format, a schedule of activities that will include at least the information
presented in the following diagram, describing the actions, times and those responsible
in the execution of each of the stages.
Stage Activity
1
two
3
4
5
6

Date
Start

of Deadline of
Implementation

Responsable

Location
Machines and equipments
Calibration
Manuals of procedures and
quality
Personal
Accreditation request

i. Location, facilities and environmental conditions: This stage aims to
identify the place or physical space in which the operations will take place
related to the corporate purpose of the testing laboratory, in order to verify the
compliance with the mandatory official requirements established in the NTCOO or regulation
technical, as well as the necessary facilities for its operation.
ii. Machines and equipment: This stage has the objective of acquiring and installing the
machines and equipment necessary to carry out the tests to be accredited.
iii. Calibration: Its objective is to calibrate the equipment and machines whose participation in the
laboratory procedures affect the reliability of the readings and results obtained.
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iv. Procedures manual and quality manual: This stage consists of writing all the
procedures involved in the provision of the service as well as the manual of
laboratory quality.
v. Staff: To fulfill this stage you must have the right staff
necessary to develop the activities related in the procedures manual and in
the quality manual.
saw. Actual state. When the project has development conditions already included, please
indicate them.
e) Bi-monthly progress report: The applicant for the commitment, once it is accepted by the
Superintendency of Industry and Commerce, must submit bimonthly within the
first five (5) days of each even-numbered month, a report indicating the execution status of the
same.
f) Temporary self-certification: The applicant for the commitment must ensure that the products
object thereof comply with the mandatory requirements of the NTCOO or technical regulation in
reference. For this purpose, you must, as a minimum, obtain the following documents:
- If it is an importer, certificate of product conformity issued by the
manufacturer of the same against the NTCOO, technical regulation or its international equivalent.
- In the case of a manufacturer, a certificate of conformity issued by the suppliers of the
raw materials of the product in reference.
The foregoing, without prejudice to the other elements that are proposed by the applicants for
ensure compliance with the NTCOO or technical regulation in question.
At any time, the Superintendency of Industry and Commerce may verify the existence
of these documents.
g) Substitution of temporary self-certification: To the extent that the
activities related in the schedule of activities, they should be used
to ensure that the products subject to the commitment meet the mandatory requirements
of the NTCOO or technical regulations. When submitting the laboratory accreditation application
Before the Superintendency of Industry and Commerce, all the requirements may be verified
mandatory of the respective NTCOO or technical regulations in the same laboratory object of
application.
As an example and for this purpose, companies can relate the stages of commitment
and implement a table with the following characteristics:

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TEMPORARY SELF-CERTIFICATION PROCEDURE
MANDATORY OFFICIAL COLOMBIAN TECHNICAL STANDARD OR TECHNICAL REGULATION
REQUIREMENTS
STAGE 1
STAGE 2
STAGE 3
STAGE 4
STAGE 5
TESTS / TESTS OF THE
NTCOO
RESPONSABLE

h) Financial stability: The applicant must be firmly consolidated in the financial field
to ensure compliance with the required laboratory implementation. In this sense,
undertakes to strictly comply with the related schedule, not being able to advocate the fault
of resources as grounds for non-compliance with what is stated there.
Once this Superintendency has given its acceptance in writing to the request for commitment,
you will understand that the assumption referred to in this regulation operates.
In case of any observation or non-conformity as a result of the evaluation
advanced by this entity, it will be communicated to the interested party for correction.
The acceptance of the commitment does not imply the breach of the requirements established in the
NTCOO is not an impediment to the verification of the fulfillment of the activities that are
present, when the Superintendency of Industry and Commerce deems it necessary.
2.9 Provisional certificate of conformity issued by the legal representative
2.9.1

Rules applicable to importers

a) Until August 30, 2002, compliance with NTCOO or technical regulations may be
prove by attaching to the application for registration or import license, a provisional certificate of
conformity issued by the legal representative of the importer issued based on
information obtained from the manufacturer, as long as proof of a
certification body of products accredited on the existence of a contract whose
object is the verification of compliance with the standard, once the release has occurred
customs clearance of the merchandise. The certificate must expressly indicate that the contract has been
paid in full and that a copy of the verification results will be sent to the
Superintendency of Industry and Commerce for the purposes of exercising the surveillance functions that
correspond to him.
b) The certificates issued under the conditions referred to in this chapter will not require
endorsement or revalidation by the Superintendency of Industry and Commerce.
c) The importer must keep at the disposal of the Superintendency of Industry and Commerce the
documents on tests or trials on the basis of which the certification was issued.

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d) In any case, the products entered into the country using the possibility provided in this
article, may not be marketed or made available to third parties in any way until
that do not have the definitive certificate, issued by a competent body.
e) When products are marketed or made available to third parties before obtaining results.
on whether the NTCOO or technical regulation was complied with, the respective importer will not be able to
issue certificates under the conditions provided in this chapter, without prejudice to the penalties
legal requirements, regardless of the positive or negative test result.
f) When based on the results of the verifications, with respect to a product,
circumstances that in the opinion of the Superintendency of Industry and Commerce do not allow the
Applying the mechanism provided in this chapter, said product will be excluded from the
possibility of certification issued by the importer.
2.9.2

Rules applicable to national manufacturers

a) Until August 30, 2002, national manufacturers may prove compliance with the
NTCOO or technical regulation through certificate of conformity issued by the representative
manufacturer's legal status, as long as it is accompanied by the evidence of a body
accredited product certification certification that certifies that a
contract whose purpose is to obtain any of the certifications provided for in numeral 2.3
of this chapter. The certificate must expressly indicate that the certification body
will notify the Superintendency of Industry and Commerce of the obtaining of the certificate or its
denial or suspension of the certification process, within two (2) days after the
occurrence of the situation in question.
b) The certificates issued under the conditions referred to in this chapter will not require
endorsement or revalidation by the Superintendency of Industry and Commerce.
c) The manufacturer must keep at the disposal of the Superintendency of Industry and Commerce the
documents on tests or trials on the basis of which the certification was issued, without
prejudice that at any time the Superintendency of Industry and Commerce can verify
compliance with the NTCOO or technical regulations that may apply.
2.10 Presentation of the certificate of conformity to the Ministry of Foreign Trade
Once the certificate of conformity with the NTCOO or technical regulation issued by the
Superintendency of Industry and Commerce, the accredited certification bodies or the
recognized certification bodies, it must be submitted together with the application for
registration or import license with the Ministry of Foreign Trade.

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In the application for registration or import license, it must be expressly indicated in box 17 the
date of issue and the number of certificates of conformity. Without complying with this
requirement, the Ministry of Foreign Trade will refrain from registering or approving such requests.
CHAPTER THREE TECHNICAL REGULATIONS

*

3

3.1 Issuance of technical regulations
For the issuance of technical regulations, the following rules will be taken into account:
3.1.1

Definitions

For the correct application and interpretation of this chapter, it will be understood by:
a) Compliance: Compliance of a product, process or service with one or more requirements or
prescriptions.
b) Conformity assessment: Procedure used, directly or indirectly, to determine
that the relevant requirements or prescriptions of the technical regulations or
rules.
c) Standard: Document approved by a recognized institution, which provides for common use and
repeated, rules, guidelines or characteristics for products and production methods
related, services or processes, the observance of which is not mandatory. It can also include
applicable terminology, symbols, packaging, marking or labeling provisions
to a product, to the provision of a service, to a process or method of production, or to treat
exclusively of them. Includes technical standard, Colombian technical standard and standard
international.
d) Technical Regulations: Document in which the characteristics of a product are established,
service or production processes and methods, including provisions
applicable administrative regulations and whose observance is mandatory. It can also include
applicable terminology, symbol, packaging, marking or labeling requirements
to a product, process or production method, or deal exclusively with them.
Additionally, it can refer to the destination of the products after they are put into circulation.
or commercialization and cover aspects related to the use, recycling, reuse, elimination or
waste.
The provisions regarding technical regulations shall be understood as applicable to technical standards
Colombian Mandatory Officials (NTCOO).
*

The application of this Chapter is suspended due to the prevalence of Decision 562 of July 25, 2003,
Andean regulations that establish the guidelines for the preparation, adoption and application of Technical Regulations.
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e) Requirement: Condition that must be met.
3.1.2

Criteria and material conditions for the adoption of a technical regulation

The competent entity for the issuance of a technical regulation must verify that the same
meet all of the following material conditions set forth herein. The way he founded the
compliance with each and every one of the material conditions provided, must be detailed in the
considerations of the technical regulation, specifying the sources that support compliance.
a) The technical regulation is necessary for at least one of the following objectives to be achieved:
i. Eliminate or adequately prevent a risk to health, sanitation, or the environment
environment, or for health or plant or animal life;
ii. Eliminate or adequately prevent risks to national security; or
iii. Prevent practices that may be misleading.
b) The technical regulation does not give less favorable treatment to products from some
Member State of the World Trade Organization that given to the products of
nationals or from another state. To products from countries with which they have been
entered into treaties or agreements other than those of the World Trade Organization, they are
will give the treatment indicated in said agreements.
c) The group or sector of people or companies that would be affected by the regulation was determined
technical and the degree of affectation.
d) The consequences of the occurrence of the risks would be irreversible or the costs involved
must incur to implement, apply and evaluate the conformity of the technical regulation keep
a reasonable relationship to the expenses that would be incurred to repair or compensate the damage
that would generate the occurrence of the risks to be eliminated or prevented.
e) Among the possible alternatives to adequately eliminate or prevent the risk, the regulation
technical is the one that generates lower costs of adoption, implementation and evaluation of
conformity.
f) Only the manufacture, import, commercialization or use of a certain product is prohibited, the
provision of a service or the application or implementation of a process, if not possible
adopt a technical regulation that complying with the other established requirements is this
resolution eliminates or adequately prevents the risk that motivates the enactment of the same.
g) The technical regulation is based on existing international standards or whose issuance is
imminent or on Colombian technical standards that are based on them, unless one or the other
are ineffective or inappropriate to achieve the objectives indicated in literal a). In this
In the latter case, the technical regulation must be supported by recognized scientific evidence.
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h) The technical regulation must guarantee that it is technologically viable and not generate restrictions
significant to trade or competition.
i) The conformity assessment methodology is compatible with infrastructure
available or could be made available, reasonably, in a reasonable time. From
If this is the case, the technical regulation will also give a deadline to allow adjustments
necessary that require compliance.
j) The technical regulations are compatible with those that regulate aspects of the same chain
productive and repeals technical regulations and NTCOO that impose requirements on them
products, services or processes in order to control the same risks and especially those
with which there is conflict.
When serious and imminent health risks arise or are threatened,
health, environment or national security, technical regulations of
emergency.
In these cases, compliance with the provisions of paragraphs a) and b) of numeral may be omitted.
3.1.4 of this Chapter.
The emergency technical regulations must expressly indicate the date on which they will lose
mandatory, without exceeding twelve (12) months. After the deadline, the technical regulation of
The emergency cannot be extended if there is no verification of compliance with all the
requirements established here.
3.1.3

Content of technical regulations

Technical regulations must include:
a) Purpose: The purpose of the technical regulation in the terms of literal a) of numeral 3.1.2.
b) Field of application: List of products, services, processes and / or types of
products, services or processes to which the technical regulation will apply.
c) Specific content of the technical regulation:
i. Definitions. Those necessary for the proper interpretation of the technical regulations.
ii. Requirements. Establish in detail those that must comply with the product, service or
process.
iii. Procedure to assess conformity. Point out the methods and conditions of the
tests that the product, service or process must undergo to be considered adjusted
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to the requirements. As well as the document, certificate, registration or declaration required to
demonstrate conformity.
iv. Surveillance and control entity. Indicate the entity that is responsible for monitoring the
compliance with technical regulations.
v. Tariff heading. When applicable, the tariff heading to which
corresponds the product.
saw. Review and update. Indicate the term in which the review of the
causes that led to the issuance of the technical regulation to establish whether
maintained, were modified or disappeared and, if necessary, proceed to
update or repeal it. Said term may not exceed five (5) years from
from the effective date.
vii. If the technical regulation is based on or incorporates standards, the update or modification
of these will not affect the technical regulation. However, within the year following the
variation of the standard, the entity that issued it, must carry out a review of the
technical regulation.
viii. Repeal. Technical regulations and NTCOO that are repealed or whose mandatory nature
It is eliminated.
ix. Validity. Date from which compliance with the technical regulation is required.
x. Penalty regime. Specifies the legal sanctions provided for non-compliance with
what is established in the technical regulations, which will be imposed by the entity of
competent surveillance and control in accordance with its powers.
3.1.4

Formal criteria and conditions

The competent entity for the issuance of a technical regulation must verify that the same
meet all of the following conditions:
a) The sectors and interested parties have been given the opportunity for a period of no less than ten (10) days,
to make comments and observations on the draft technical regulation.
b) The relevant notifications have been made under the treaties and conventions
international subscribed by Colombia.
c) The requirements contained in the technical regulation must:
i. Alternatively:
- Be expressed in terms of properties of use, employment or performance of a
product, service provision, application or process implementation; or
- Require that a product, process or service provision be marked or accompanied by
a clear and adequate warning or instruction, or state the way in which it is
provide the warnings and instructions; or
- Specify conditions of use, recycling, reuse, elimination or disposal; Y
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ii. Not be referred in terms of composition, content, description, design, construction,
finished or packed the products, unless it is impossible to express them in the
terms indicated in the previous literal.
iii. Be expressed in the terms provided by the international system of units.
3.1.5

International notifications

The competent entity will send the draft technical regulation to the contact point regarding
standardization and conformity assessment procedures: Directorate General for Trade and
Promotion of the Competence of the Ministry of Economic Development or Ministry of Health, according to
corresponds; with a minimum of ninety (90) days prior to the date of its signature, in order to
that the corresponding notifications be made to the World Trade Organization,
Andean Community, Group of Three, Codex Alimentarius Committee and other organizations and
countries with which this obligation has been acquired. Such Ministries may verify the
compliance with the requirements established here.
During this period, the observations made by the member countries and / or
economic agents involved, which will be processed through the contact point.

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P.

TITLE V CREDITATION ............................................... .................................................. ............... 4
CHAPTER ONE PROCEDURE FOR THE ACCREDITATION AND REGULATION OF THE
ACTIVITIES CARRIED OUT BY CONFORMITY ASSESSMENT BODIES
ACCREDITED
.................................................. .................................................. ..................... 4
1.1
1.2

Types of Conformity Assessment Bodies - OEC ......................................... .......... 4
Requirements for accreditation .............................................. .................................................. .. 4

CHAPTER TWO ADVISORY BODIES ON ACCREDITATION .................................. 5
2.1.
2.1.1
2.1.2
2.2
2.3

Sectoral technical committees for accreditation ............................................ ......................... 5
General ................................................. .................................................. ......................... 5
Regulation of operation of the sectoral technical committees ......................................... 5
Technical advisory council for accreditation ............................................ ................................. 5
Accreditation Commission ............................................... .................................................. ......... 5

CHAPTER THREE PROCEDURE FOR ACCREDITATION, EXTENSION,
RE-EVALUATION AND SURVEILLANCE ............................................... .................................................. ......... 6
3.1.
3.2.
3.3.
3.4.
3.5.
3.6.
3.7.

Request ................................................. .................................................. ............................... 6
Preliminary evaluation ................................................ .................................................. .................. 6
Review of documentation and records .......................................... ................................. 7
On- site evaluation ............................................... .................................................. ......................... 7
Accreditation decision ............................................... .................................................. .............. 8
Reassessment and surveillance ............................................... .................................................. ............. 8
Extension of accreditation .............................................. .................................................. ........ 9

CHAPTER FOUR MONITORING AND SUPERVISION ............................................. ..................... 9
4.1.
4.2.
4.3.

Permanence of the accreditation conditions ........................................... ........................... 9
Aptitude tests ............................................... .................................................. ..................... 10
Information available................................................ .................................................. ............... 10

CHAPTER FIVE ACTIVITY OF THE ACCREDITED BODIES .............................. 10
5.1.
5.2.
5.3.
5.4.

Document preservation ............................................... .................................................. .... 10
Guarantee ................................................. .................................................. ............................. 10
Collaboration with the accreditation body ............................................ .............................. eleven
Disclosure and publicity ............................................... .................................................. ............. eleven

CHAPTER SIX SUSPENSION, REDUCTION AND REVOCATION OF ACCREDITATION 12
6.1.

Suspension, reduction and revocation of accreditation .......................................... .................... 12
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CHAPTER SEVEN OBLIGATION OF THE ACCREDITATION BODY ............................ 13
7.1.

Obligation of the Accreditation Body ............................................. .................................... 13

CHAPTER EIGHT CERTIFICATION ENTITIES LAW 527 OF 1999 ............................... 14
8.1.
8.1.1
8.1.2
8.1.3
8.1.4
8.1.5
8.1.6
8.2.
8.2.1
8.2.2
8.2.3
8.2.4
8.2.5
8.2.6
8.2.7
8.2.8
8.2.8.1.
8.2.8.2.
8.3.
8.3.1
8.3.2
8.4.
8.4.1
8.4.2
8.4.3
8.5.
8.5.1
8.5.2
8.6.

Certification bodies closed .............................................. ........................................... 14
Entity authorization .............................................. .................................................. ....... 14
Change of services offered .............................................. .................................................. .14
Change in the entity's data ........................................... ................................................ fifteen
Periodic information ................................................ .................................................. ............. fifteen
Advertising 15
Cessation of activities ............................................... .................................................. ......... fifteen
Open certification bodies .............................................. ............................................ 16
Entity authorization .............................................. .................................................. ........ 16
Change of services offered ............................................. .............................................. 17
Change in the entity's data ........................................... ............................................... 17
Periodic information ................................................ .................................................. ............ 17
Annual update of information on financial statements and guarantees * ................................ 18
Advertising................................................. .................................................. ............................. 18
Scheduled suspension of service .............................................. ........................................ 18
Cessation of Activities ............................................... .................................................. ........ 18
Authorization ................................................. .................................................. .......................... 19
Process ................................................. .................................................. ....................... 19
Audit of open certification bodies ........................................... ...................... twenty
Auditing firms ................................................ .................................................. .................... twenty
Audit report ............................................... .................................................. ................ twenty
Security Standards, Plans and Procedures ........................................... ....................... twenty-one
Standards ................................................. .................................................. ............................ twenty-one
Certification Practice Statement (CPD) .......................................... ............................ 22
Reliable system ................................................ .................................................. ................... 2. 3
Certificates ................................................. .................................................. ........................... 25
General content ................................................ .................................................. .................. 25
Content of reciprocal certificates ............................................. .................................... 25
Instructions for the entities that offer services of the entities of
certification ................................................. .................................................. .......................... 25

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TITLE V

*

ACCREDITATION

The purpose of this title is to establish the rules and procedures that will govern accreditation.
of conformity assessment bodies - OEC.
The definitions of the terms used in this resolution and, in general, of those used
in Title V of the Sole Circular, will correspond to those enshrined in numbers 2 to 7 of the
Colombia Technical Standard NTC-ISO / IEC 17000.

CHAPTER ONE PROCEDURE FOR THE ACCREDITATION AND REGULATION OF THE
ACTIVITIES CARRIED OUT BY THE EVALUATING BODIES OF
ACCREDITED CONFORMITY *
1.1 Types of Conformity Assessment Bodies - OEC
Accreditation will be carried out in accordance with the procedures and criteria contained in this title and in
concordance with ISO / IEC 17011 standard.
Accreditation will be granted for the following CABs:
a) Certification Bodies
b) Inspection Bodies
c) Testing / testing laboratories
d) Calibration Laboratories
1.2 Requirements for accreditation
The entities that request accreditation must comply with the requirements established in the
Decree 2269 of 1993, those indicated in this title and those provided for in the following references
normative, in relation to which the other norms that the
modify, add or replace:
a) Management system certification bodies: GTC 36 (ISO / IEC Guide 62),
ISO / IEC Guide 66, ISO / IEC 17021
b) Product certification bodies: GTC 38 (ISO / IEC Guide 65)
c) Personnel certification bodies: NTC ISO / IEC 17024 (ISO / IEC 17024)
d) Inspection bodies: NTC ISO / IEC 17020 (ISO / IEC 17020)
*

Resolution 33598 of September 3, 2008. Published in Official Gazette 47.101 of September 3, 2008.
(Repeals Resolution 4663 of 2003).
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e) Testing / testing and calibration laboratories: NTC ISO / IEC 17025 (ISO / IEC 17025)

Additionally, the other specific requirements established by the
Superintendency of Industry and Commerce through the documents and forms
corresponding, duly published on its website: www.sic.gov.c or

CHAPTER TWO ADVISORY BODIES ON ACCREDITATION
2.1.

Sectoral technical committees for accreditation

2.1.1

*

Generalities

The Superintendency of Industry and Commerce may organize the sectoral technical committees that
considers necessary for the development of its accreditation activity, according to the different types of
accreditation and areas subject to its scope.
2.1.2

Regulation of operation of the sectoral technical committees

a) Nature. The sectoral technical committees are advisory bodies, with the function of advising
to the Superintendency of Industry and Commerce in specific technical matters related to the
accreditation;
b) Committee members. The sectoral technical committees will be made up of the following
members, whose appointment will be in a personal capacity, taking into account their expertise and may not be
delegable:
i. One (1) expert member of a governmental entity related to the area.
ii. One (1) official of the Superintendency of Industry and Commerce, who additionally
will act as technical secretary of the same.
iii. One (1) expert member of an accredited body in the respective area.
iv. Three (3) expert members in the specific area of ​the respective committee.
More expert members in the corresponding area may be cited when the Superintendency of
Industry and Commerce deems it convenient.
c) Designation. The appointment of the members of the committee will be in a personal capacity, taking into account
their knowledge and specific experience in the respective area, defined in a general way to
each committee by the Superintendency of Industry and Commerce.
*

Resolution No. 2988 of February 23, 2004. Published in Official Gazette No. 45,474 of February 27, 2004.
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i. The Superintendency of Industry and Commerce will request the government entity
corresponding the designation of the technical expert.
ii. The Superintendent of Industry and Commerce will be responsible for the appointment of the
the Superintendency of Industry and Commerce.
iii. The Superintendency of Industry and Commerce will request the accredited organizations
nomination of the candidates to the respective technical committee and taking into account the
knowledge and experience of the applicants, will choose the corresponding technical expert
representing the accreditation bodies.
iv. It corresponds to the Superintendency of Industry and Commerce the appointment of experts
set forth in numeral iv) of literal b) of these regulations, which will be carried out in accordance with
with the knowledge and specific experience in the respective area.
d) Committee functions. It is the responsibility of the sectoral technical committees to comply with the following
functions:
i. Provide technical and conceptual support to the Accreditation Commission.
ii. Make recommendations to the Superintendency of Industry and Commerce regarding
accreditation in the specific field.
iii. Support the Superintendency of Industry and Commerce in the analysis of the projects of
technical standards and those that apply to the accreditation body.
iv. Resolve the queries that the Superintendency of
Industry and Commerce.
e) Duties of the committee members. The duties of the members of the sectoral technical committee are:
i. Attend committee sessions, participate in discussions and in the adoption of the
decisions.
ii. Present reports on their activities to the Superintendency of Industry and Commerce
and concepts assigned in a timely manner as well as maintaining the minutes, records of
their performances, activities and concepts.
iii. Refrain from participating in the committee when the topics discussed can generate
conflict of interest situations.
iv. Comply with these regulations.
v. Sign confidentiality agreement.
f) Functioning of the sectoral technical committees:
i. Period of membership. The term of the members of the sectoral technical committee will be for two
(2) years, counted from the date of their appointment.

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ii. Presidency. Each sectoral technical committee will elect a president from among the members
participants, who will serve for a period of one (1) year, with the possibility of being reelected.
iii. Functions of the presidency. The president of each sectoral technical committee, which is about
this regulation, will exercise the following functions:
• Summon the members of the committee to meet through the technical secretariat.
• Preside over and direct the committee meetings, seeking whenever possible consensus on
the adoption of any decision.
• Ensure and promote that the members of the committee handle all the information on the cases.
accreditation individuals with due confidentiality.
• Inform the committee of situations that generate conflicts of interest, so that the
committee decides on them.
• Request and supply all the technical information necessary for the development of the
activities of the same; For this, you can rely on the technical secretary who will be the
in charge of distributing the documents to the other members of the committee.
• Inform the Superintendency of Industry and Commerce about the different positions
regarding a specific issue at the national and international level.
• Set the agenda for the corresponding session, indicating the date, time and place
in which it will be carried out.
• Sign together with the technical secretary the minutes of the committee's review.
• Comply with and enforce these regulations.
iv) Technical secretariat. The technical secretariat in each sectoral technical committee will be exercised by the
official of the Superintendency of Industry and Commerce, who acts as a member of the respective
committee.
v) Functions of the technical secretariat. The technical secretariat of the sectoral technical committee will exercise the
following functions:
• Cite ordinary and extraordinary meetings.
• Verify the existence of a quorum for each committee meeting.
• Attend committee meetings.
• Prepare and present to the committee the documents that serve as support for its decisions.
• Coordinate the carrying out of technical studies that will be necessary for the
committee operation.
• Prepare the minutes.

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• Register, safeguard and archive the correspondence of the committee and be responsible for its
conservation.
• Handling matters within the competence of the committee.
• Project the concepts and decisions to be issued or adopted by the committee.
• Sign the minutes of the committee together with the president and issue copies of them.
vi) Quorum. The sectoral technical committees will deliberate with the presence of half plus one of
its members, including the official of the Superintendency of
Industry and Commerce. Decisions will be made by a majority of the committee members.
vii) Venue and sessions. The meetings of the sectoral technical committees will be held in the
facilities of the Superintendency of Industry and Commerce. The venue of the meetings may
be changed when circumstances require, giving timely notice to the Superintendency of
Industry and Commerce. The sectoral technical committees will meet ordinarily when the
circumstances warrant it and at the request of the Superintendency of Industry and Commerce.
viii) Call for sessions. The call may be made by the president or by the
Superintendency of Industry and Commerce, by written summons from the technical secretary with
indication of the agenda accompanied by the documents, reports and projects to be considered in
the respective meeting, except in urgent cases, the call will be made with a
anticipation not less than fifteen (15) days and in any case it cannot be less than forty-eight (48)
hours.
ix) Minutes. Of what happened in the sessions, a minutes will be drawn up signed by the president and the
technical secretary of the respective sectoral technical committee, or in the absence of president by the member who
appoint the committee.
x) Decisions. The decisions adopted by the sectoral technical committee must be documented in
technical reports, which will be part of the corresponding minutes.
2.2

Technical advisory council for accreditation

The Technical Advisory Council for accreditation created with Decree 2269 of 1993 as a body
consultative auxiliary, will be summoned by the Superintendency of Industry and Commerce, by
at least once a year.
2.3

Accreditation Commission

*

The Accreditation Commission will issue a technical concept on the granting, reduction, expansion,
*

Resolution 33598 of September 3, 2008. Published in Official Gazette 47.101 of September 3, 2008.
(Repeals Resolution 4663 of 2003).
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definitive or temporary suspension of the accreditation or filing of the process, in the cases provided in
this circular. Its concept will not oblige the Superintendent of Industry and Commerce, who
you may deviate from it.
a) Integration. The Accreditation Commission is made up of:
• The Deputy Superintendent for Consumer Protection
• The Head of the Technical Standards Division, who will act as Technical Secretariat.
• The Lead Auditor of the respective process.
• When necessary, the Technical Expert of the process or a member of the Technical Committee
Sectorial, appointed by the other members of the Commission.
b) Call and sessions. The Accreditation Commission will be convened by the Superintendent
Delegate for Consumer Protection, at the request of the head of the Technical Standards Division
for the evaluation of the accreditation processes or, directly, when the
Deputy Superintendent deems it appropriate.
c) Presidency. The Accreditation Commission will be chaired by the Deputy Superintendent for
Consumer Protection.
CHAPTER THREE PROCEDURE FOR ACCREDITATION, EXTENSION,
*
RE-EVALUATION AND MONITORING
3.1.

Request

The person interested in obtaining the accreditation must make the corresponding request before the
Superintendency of Industry and Commerce, filling out the forms provided for this purpose, the
which are available on the website: www.sic.gov.co , which must be
filed, together with all its annexes, indicating the type of accreditation requested and the scope of the
herself.
3.2.

Preliminary evaluation

If the application is complete, the Superintendency of Industry and Commerce, Standards Division
Techniques, will inform the requesting entity about the members that will make up the
evaluation and the fees that you will have to pay for the initial part of the accreditation service, which
It is equivalent to reviewing documentation and records.
*

Resolution 33598 of September 3, 2008. Published in Official Gazette 47.101 of September 3, 2008.
(Repeals Resolution 4663 of 2003).

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The applicant will have a period of thirty (30) days from the remittance of the account.
of collection, to send the payment receipt to the Superintendency of Industry and Commerce
for the first stage of the accreditation service and to present objections regarding
of the appointment of the members of the evaluation team.
If the applicant does not make the payment within the fixed term, it will be understood that he / she has withdrawn from the
request for accreditation.
In the event that an objection is formulated by the applicant regarding one or more of the
members of the evaluation team, the procedure provided for in the Code will be applied
Administrative Litigation in relation to the right of petition in particular interest, as well as
indicated in Title I of this circular.
If the application is incomplete, in accordance with the provisions of articles 12 and 13 of the Code
Administrative Litigation and in the terms of numeral 1.4 of Title I of this circular, it is
will inform the applicant about the requirements that must be met. If after two (2) months the
petitioner does not provide the required information, it will be understood that he has withdrawn his request for
accreditation.
3.3.

Review of documentation and records

Once the payment receipt has been submitted, the evaluation team selected by the Standards Division
Techniques of the Superintendency of Industry and Commerce must review all documents and
Relevant records provided by the CAB to assess the conformance of its system, such as
It is documented, with the corresponding standards.
If on the occasion of the non-conformities found during the review of the documents and
records, the evaluation team decides not to continue with the on-site evaluation , will present the
corresponding report to the Accreditation Commission, in order to file the action,
Decision to be adopted in accordance with the provisions of these regulations. Otherwise, the
Applicant will receive communication with the plan of the on-site evaluation and the corresponding costs
the second stage of the accreditation process.
The applicant will have a period of thirty (30) days from the sending of the
communication stated in precedence to send the proof of payment for the concept of
the second stage. If in this term the applicant does not make the payment of the corresponding fee,
It will be understood that you have desisted from the process.
3.4.

On- site evaluation

The selected team must assess the competence of the CAB for a scope of accreditation
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defined, based on the requirements indicated in this title, in the respective technical standards or
other normative referents.
When non-conformities are detected, they will be reported in writing to the CAB, who will have a
term no longer than four (4) months to present the corrective actions implemented in accordance with
effective way.
Presented the corrective actions within the established term or exceeded the term without the
applicant proceeds in this regard, the evaluation team will present a report to the Commission of
Accreditation
3.5.

Accreditation decision

Decisions on accreditation will be made by the Superintendent of Industry and Commerce
or the Delegate Superintendent for Consumer Protection, according to their powers,
by means of a motivated administrative act, which will be notified personally to the OEC and against the
which will proceed the appeal for reconsideration filed within five (5) days following the
notification.
The accreditations in process will be applied, with respect to the stage that has already started,
the prescriptions contained in title V of the Sole Circular that hereby is
modifies. To the subsequent stages, the provisions of this circular will be applied.
3.6.

Reassessment and surveillance

The accreditation granted by the Superintendency of Industry and Commerce to the CABs will expire
undefined. However, the quality of accredited will be subject to surveillance visits and a
reevaluation of compliance with the conditions established for its granting.
The reevaluation will be carried out every five (5) years in accordance with the instructions given by this
Superintendency and the regulations in force on the date of its implementation. Your process will start, without
Necessity of request from the borrower, in accordance with the schedules of the
Superintendency of Industry and Commerce, upon payment of the corresponding fees by
of the CABs.
For this purpose, the Superintendency of Industry and Commerce will send the respective collection account and
the accredited CAB will have a period of thirty (30) days from the shipment, to send the
proof of payment for the reevaluation. If in that term I do not make the payment,
You will understand that you have renounced the accreditation and it will be revoked.
Without prejudice to the five-year reassessment, the Superintendency of Industry and Commerce will carry out
a minimum of two (2) surveillance visits, the first of which will take place before expiration
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of the first year and, the second, within three years, counted from the granting of
accreditation or last reassessment.
To carry out surveillance visits, in accordance with the schedule carried out by the
Superintendency of Industry and Commerce, the respective collection account will be sent. The OEC will count
with a period of thirty (30) days to send the proof of payment. If in this term no
make the payment of the corresponding fee, it will be understood that you have renounced the accreditation and
it will be revoked.
Transitory paragraph: To the CABs that, upon the entry into force of this resolution,
are accredited but are in cause of loss of accreditation for not having carried out the
request for reevaluation with the anticipation provided for in article 3.7. of Chapter 3 Title V of the
Sole Circular Letter, they will be scheduled to re-evaluate their accreditation, for which they must have
made the payment of the corresponding fee within a maximum period of (15) business days counted
from the moment of the referral by the Superintendency of the respective collection account.
If the OEC does not accredit the payment within the term provided, it will be understood that it has renounced the
accreditation and it will be revoked.
3.7.

Extension of accreditation

When an accredited CAB requests the extension of the scope of the accreditation, the Superintendency
of Industry and Commerce will review documents and records and, when deemed necessary
necessary, will order an on-site evaluation .
The extension of the scope may be requested at any time after the
initial accreditation.
CHAPTER FOUR MONITORING AND SUPERVISION
4.1.

*

Permanence of the accreditation conditions

a) Accredited CABs will be responsible for ensuring that the activities for which they were
accredited are executed in accordance with the provisions of this title, in the respective standards
techniques or other normative references and, in particular, with what is specified in the administrative act
granting of accreditation.
b) Accredited CABs will be obliged, in accordance with literal " a " of numeral 3 of article
37 of Decree 2269 of 1993, to report in writing to the Delegate Superintendent for Protection
*

Resolution 33598 of September 3, 2008. Published in Official Gazette 47.101 of September 3, 2008.
(Repeals Resolution 4663 of 2003).
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of the Consumer, within a period of no more than ten (10) days from when it occurs, on any
modification, suspension or reduction of the conditions taken into account for the granting
of accreditation. The accredited CAB must suspend the provision of the affected services
immediately until the Superintendency verifies that the conditions have been restored
under which he was credited.
c) When there is a change in the owner of the accredited OEC or the director or person in charge of
the technical operations of the agency, the report referred to in literal " b " of this paragraph,
must be submitted no less than fifteen (15) days before the completion of the
operation.
4.2.

Aptitude tests

The Deputy Superintendent for Consumer Protection may order the laboratories
accredited or those who are in the process of accreditation, conducting tests of
aptitude and interlaboratory comparison. Performance on aptitude tests and
intercomparisons must correspond to the provisions in the scope of accreditation or in the application
accreditation, respectively.
4.3.

Information available

Accredited CABs must keep updated and available to the Superintendency of
Industry and Commerce, the information related to the certificates and reports issued in the exercise of
the activities for which they have been accredited. Such information may be reviewed by the
Superintendency of Industry and Commerce at any time.

CHAPTER FIVE ACTIVITY OF THE ACCREDITED BODIES

5.1.

*

Preservation of documents

Accredited CABs must keep their documents and records of the provision of services
accredited in accordance with the specific legal provisions that are applicable to them.

5.2.

Guarantee

Once the accreditation has been obtained or its scope expanded and as an essential condition for
*

Resolution 33598 of September 3, 2008. Published in Official Gazette 47.101 of September 3, 2008.
(Repeals Resolution 4663 of 2003).
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be able to start the provision of services, the accredited entity must sign the contracts of
insurance that are specified below, as established in article 25 of Decree 2269
of 1993, which, like their renewals or modifications, must be sent to the
Superintendency of Industry and Commerce:
a) Contractual civil liability: In order to protect the damages and losses caused to
third parties as a result of errors or omissions committed in the exercise of the activity
for which it is accredited.
b) Infidelity: In order to protect the property and confidentiality of the technology of
production used.
The aforementioned contracts must be in force for the duration of the accreditation.
The amount of the insured value may not be less than the amount that is greater than one thousand (1000)
legal monthly minimum wages in force and ten percent (10%) of total income in the
immediately preceding year for the provision of services for which it has been
accredited.
5.3.

Collaboration with the accreditation body

Accredited CABs must collaborate and provide the services for which they have been accredited,
free of charge for the Superintendency of Industry and Commerce, whenever it requires it in the
framework of its functions.
5.4.

Disclosure and publicity

By virtue of the accreditation, the organizations will only be able to refer to this condition
for certifications, inspections, tests, calibrations or measurements for which they have
been accredited, in accordance with the corresponding administrative act.
Accredited bodies will have the right to use this condition for advertising or promotional purposes.
disclosure, as long as the provisions contained in the protection regulations are respected
of the consumer, the legislation of restrictive commercial practices and unfair competition, as well as
the following criteria:
a) The legal and technical characteristics of the services to be promoted must be
certain and verifiable.
b) No accredited service conditions can be offered beyond what is expressly stated
contemplated in the accreditation.
c) The services may not be presented or supported in aspects other than the true technical support,
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legal or economic of the accredited entity, as would happen with statements such as " subsidiary of the
group… ”,“ Conglomerate… ”,“ We have the support of … ”, etc.
d) If the texts include the use of superlatives or terms that indicate pre-eminence,
These must faithfully correspond to objective, real, verified and verifiable facts at the
date the advertising campaign is broadcast.
e) Affirmations and visual or auditory representations must offer clarity, fidelity and
precision regarding the type of services that are promoted; In this order of ideas, they should be
take into account the scope or limitations to which the service is legally and economically subject
respective.
f) Advertising must use the name or full business name of the entity or its
acronym, as it appears in its statutes, always accompanied by the generic name of the
entity and the expression " Accredited by the Superintendency of Industry and Commerce ".
Accredited status should not be used to suggest or imply that a product has
approval by the Superintendency of Industry and Commerce.
g) The logo of the accreditation body may appear in advertising and in documents
issued by an accredited body, following the typographic characteristics applied by the
Superintendency of Industry and Commerce and under the same visual presentation conditions as the
accredited body logo.
h) Accredited bodies must keep at the disposal of the Superintendency of
Industry and Commerce, for a term not less than three (3) years, the information and documentation
related to all advertising, carried out directly or through any means of
communication, tending to stimulate the contracting of accredited services.
In particular, all documents and supports that make up advertising must be kept, as well as
as those additional ones that allow identifying the periods foreseen for its dissemination, the
conditions and the number of guidelines for each means of communication used for this purpose.

CHAPTER SIX SUSPENSION, REDUCTION AND REVOCATION OF ACCREDITATION
6.1.

*

Suspension, reduction and revocation of accreditation

The Superintendency of Industry and Commerce may suspend or revoke the scope of the
*

Resolution 33598 of September 3, 2008. Published in Official Gazette 47.101 of September 3, 2008.
(Repeals Resolution 4663 of 2003).
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accreditation of an accredited CAB based on the provisions of article 37 of Decree 2269 of
1993 and in the specific accreditation procedures for each type.
CHAPTER SEVEN OBLIGATION OF THE ACCREDITATION BODY
7.1.

Obligation of the Accreditation Body

*

a) The Superintendency of Industry and Commerce will provide information through the page
web, regarding the current status of the accreditations granted to the CABs.
b) The Superintendency of Industry and Commerce will provide information to the CABs on the
appropriate ways of obtaining traceability of measurement results in relation to
with the scope for which accreditation is provided.
c) The Superintendency of Industry and Commerce will provide information on the agreements
in which it participates, related to issues of Standardization, Certification and
Metrology".

(BLANK SPACE)

*

Resolution 33598 of September 3, 2008. Published in Official Gazette 47.101 of September 3, 2008.
(Repeals Resolution 4663 of 2003).
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CHAPTER EIGHT CERTIFICATION ENTITIES LAW 527 OF 1999
8.1.

Certification bodies closed

Closed certification entities must respect the rules indicated below.
8.1.1

Entity authorization

The person requesting authorization as a closed certification body, according to the provisions of the
number 8 of article 1 of Decree 1747 of 2000, must demonstrate compliance with the
conditions established in article 29 of Law 527 of 1999 and in articles 3 and 4 of Decree
1747 of 2000, for which you must fill out the Authorization Request for an entity of
certification of digital signatures, format AO03-F01 * annex 3.9, and attach the following information:
a) Certificate of existence and legal representation or copy of the standards that grant it quality
legal representative of a public entity, notary or consul.
b) Format AO03-F02 * Information on administrators or legal representatives annex 3.10,
completed by the legal representative in charge of the Certification Entity.
Additionally, this same legal representative must certify that according to the information
provided and available, none of the administrators and legal representatives of the Entity
is incurred in any of the disabilities stipulated in literal c of article 29 of
Law 527 of 1999. **
8.1.2

Change of services offered

When the closed certification body intends to offer new services as a certification body
certification within the closed environment, as provided in number 8 of article 1 of the Decree
1747 of 2000, you must request prior authorization from this Superintendency, through the
Completion of the Request for authorization of new services from a certification body
format AO03-F03 * annex 3.12.

External Circular No. 00006 of August 15, 2008. Published in the Official Gazette No. 47,087 of August 20, 2008.
** External Circular No. 23 of December 23, 2002. Published in Official Gazette No. 45,047 of December 28, 2002.
*

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8.1.3 Change in entity data
In accordance with the provisions of article 21 of Decree 1747 of 2000, when any of the
data of the closed certification body that rest in this Superintendency changes, the
certification body must submit the information corresponding to the change, within ten
(10) days after the modification.
In case of modification of the information regarding or the inclusion of a legal representative or
administrator, the legal representative or administrator must fill out the form AO03-F02 *
Information of administrators or legal representatives annex 3.10.
8.1.4

Periodic information

The closed certification body must store the information of all its activity and send to
this Superintendency, within the first ten (10) days of the beginning of each quarter (January
March, April-June, July-September, October-December), a text file according to the Format of
activity information 3020-F12 annex 3.13, with the following information on the activity of the
immediately previous quarter, broken down month by month:
a) Number of certificates issued, according to the type of certificates;
b) Number of valid certificates, according to the type of certificates; Y
c) Number of certificates revoked.
8.1.5

Advertising

In any advertising or medium in which the certification body offers the services, it must be
indicate that it has authorization from the Superintendency of Industry and Commerce to operate,
according to the following text: "Closed certification body authorized by the Superintendency of
Industry and Commerce".
8.1.6

Cessation of activities

In accordance with the provisions of article 34 of Law 527 of 1999 and article 19 of Decree 1747
of 2000, the closed certification bodies must request the authorization of cessation of a
or more activities before this Superintendency, filling out the Authorization Request for
cessation of services of a certification body format 3020-F10 annex 3.11.
Once the cessation is authorized, the certification body must conclude the exercise of the
activities authorized to cease, in the manner and following the schedule established for this purpose
point out.

*

External Circular No. 00006 of August 15, 2008. Published in the Official Gazette No. 47,087 of August 20, 2008.
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8.2.

Open certification bodies

Open certification entities must respect the rules indicated below.
8.2.1

Entity authorization

The person requesting authorization as an open certification body in accordance with the provisions of the
number 9 of article 1 of Decree 1747 of 2000, you must demonstrate that the activity is planned
in the main corporate purpose, compliance with the conditions established in articles 29 of the
Law 527 of 1999 and 5, 6, 7, 8, 9, 10, 11 of Decree 1747 of 2000 and the standards, plans and
security procedures established in section 8.4 of this chapter, completing the
Authorization request for digital signature certification body, format AO03-F01 * annex
3.9 and attaching the following information:
a) Format AO03-F02 * Information on administrators or legal representatives annex 3.10,
completed by the legal representative in charge of the Certification Entity accompanied:
i. Valid judicial certificate or equivalent document from the country or countries where
have resided for each of the administrators and legal representatives.
ii. Copy of the certificate of existence and legal representation or a copy of the regulations that
grant the quality of legal representative of a public entity, of notary or consul.
iii. A certification from the legal representative who filled out the AO03-F02 * form, in which
state that according to the information provided and available, none of the
administrators and legal representatives of the Entity are involved in any of
the disabilities stipulated in literal c of article 29 of Law 527 of 1999. **
b) Copy of the act that grants it legal status and of the norms that grant it the quality of
legal representative of a public entity, notary or consul, or certificate of existence and
legal representation. In the case of a foreign person, compliance must be proven
of what is indicated in book II title VIII of the Commercial Code and in article 48 of the code of
civil procedure, according to the provisions of number 1 of article 5 of Decree 1747 of 2000.
c) Audit report in the terms of numeral 8.3.2 of this title.
d) Financial statements presented in accordance with the law and not older than six (6)
months, according to the provisions of paragraph 1 of article 7 of Decree 1747 of 2000.
e) Copy of the document that certifies that the guarantees have been constituted in accordance with
provided in article 8 of Decree 1747 of 2000.

External Circular No. 00006 of August 15, 2008. Published in the Official Gazette No. 47,087 of August 20, 2008.
** External Circular No. 23 of December 23, 2002. Published in Official Gazette No. 45,047 of December 28, 2002.
*

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f) Detailed description of the infrastructure, procedures and resources, as provided in the
Article 9 of Decree 1747 of 2000. Compliance with the requirements must be accredited according to
the provisions of the fourth chapter of this title.
In the event that the infrastructure is provided by a third party, a copy of the contracts or agreements
celebrated with them, in Spanish.
g) Declaration of certification practices, hereinafter CPS.
8.2.2

Change of services offered

When the open certification body intends to offer new services, it must request
prior authorization before this Superintendency, by filling out the Request for
authorization of new services of a certification body, format AO03-F03 * annex 3.12,
attaching the audit report corresponding to the new service.
8.2.3

Change in entity data

In accordance with the provisions of article 21 of Decree 1747 of 2000, when any of the
data of the open certification entity that rests in this Superintendency changes, the entity
certification must send the information corresponding to the change, within ten (10) days
post-modification.
In case of modification of the information or inclusion of a legal representative or administrator, the
new legal representative or administrator must fill out the form AO03-F02 * Information on
administrators or legal representatives annex 3.10, and send it to this Superintendency
attaching:
a) Valid judicial certificate or equivalent document from the country or countries where there is
resided; Y
b) Certificate from the competent body of the countries in which you have resided that certifies that you have not
been excluded or suspended for serious acts against the ethics of the profession .
8.2.4

Periodic information

The open certification body must store the information of all its activity and send to
this Superintendency within the first ten (10) days of the beginning of each quarter (January
March, April-June, July-September, October-December), a text file according to the 3020 format
F12 Activity information format annex 3.13, with the following information about the activity
of the immediately previous quarter, broken down month by month:

*

External Circular No. 00006 of August 15, 2008. Published in the Official Gazette No. 47,087 of August 20, 2008.
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a) Number of certificates issued, according to the type of certificates;
b) Number of valid certificates, according to the type of certificates;
c) Number of certificates revoked; Y
d) Commitments acquired for each type of certificate.
8.2.5

Annual update of information on financial statements and guarantees *

The open certification entity must submit to this Superintendency the financial statements of
certified and audited end of year, copy of guarantees and audit report
contemplated in numeral 8.2.1 literal c) of this chapter, within the first fifteen (15) days
of the month of April of each calendar year.
If the certification body has been authorized in the same year or the last quarter of the year
above, you will not have to present the audit report within the annual update of
information on financial statements and guarantees.
8.2.6

Advertising

In any advertising or medium in which the certification body offers the services, it must
indicate that it has authorization from the Superintendency of Industry and Commerce to operate,
according to the following text: "Open certification entity authorized by the Superintendency of
Industry and Commerce".
8.2.7

Scheduled suspension of service

During each calendar year, the certification bodies may temporarily cease their activities for
a maximum period of three (3) continuous or discontinuous days, for system maintenance. Any other
Suspension must be requested and approved by the Superintendency of Industry and Commerce, prior
justification.
The suspension allowed must be informed to users at least fifteen (15) days in advance and
Proof of the notice to be sent to this entity, no later than the first day of the suspension.

8.2.8

Cessation of Activities

* Resolution No. 36904 of November 6, 2001. Published in Official Gazette No. 44.610 of November 10,
2001.
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For the cessation of activities of an open certification body, the
following instructions:
8.2.8.1.

Authorization

In accordance with the provisions of article 34 of Law 527 of 1999 and article 19 of Decree 1747 of
2000, open certification bodies may request authorization for the cessation of one or more
activities before this Superintendency, filling out the Request for authorization for cessation of
services of a certification body format 3020-F10 annex 3.11, and attaching the following
information:
a) Plan that guarantees the protection of confidential information of subscribers;
b) Conservation plan for the files necessary for future verification of the certificates
issued, until the granting of the authorization of cessation of service. Said plan must
allow access and subsequent consultation of documents and extend to a later date
as of the date on which the responsibilities that may derive from the certificates are extinguished
issued and the term provided by the document preservation standards for each of the
documents;
c) Plan that guarantees publication in its own repositories if all activities are not stopped or
in those of another open certification entity that the Superintendency of Industry and Commerce
determine if all activities will cease;
d) In the event that all activities of the certification body cease, a security plan that
guarantee the adequate destruction of the entity's private key.
8.2.8.2.

Process

Once the Superintendency authorizes the cessation of activities, the certification body must
inform all subscribers, through two (2) notices published in newspapers with wide circulation
national, with an interval of fifteen (15) days, upon the termination of their activity or activities, the
precise date of cessation and the legal consequences of this with respect to the certificates
issued.
In any case, subscribers may request the revocation and refund equivalent to the value of the
remaining validity period of the certificate, within two (2) months following the second
publication.
The completion of the activity or activities will be done in the manner and following the schedule that
the effect is indicated by the Superintendency.

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8.3.

Audit of open certification bodies

8.3.1

Auditing firms

The national auditing firm that carries out the audit report referred to in article 12 of the Decree
1747 of 2000, must be an inspection body of the National Standardization System,
Certification and accredited Metrology to carry out inspections in computer systems of
security and accounting.
These firms must comply, in addition to what is required in the accreditation regulations, the following:
a) Be composed of an interdisciplinary group of professionals that will include at least one (1)
systems engineer specialized in security systems, one (1) accountant and one (1) lawyer
with extensive knowledge on the subject, who must comply with current regulations
related to each of the professions;
b) Prove experience of the firm or one of its partners or officials, in audits in
computer security and accounting systems for at least three (3) years; Y
c) Prove ability to certify compliance with technical requirements and standards
required in Law 527 of 1999, Decree 1747 of 2000 and this chapter.
8.3.2

Audit report

The audit report must indicate at least:
a) Name and identification of the auditing firm.
b) Start and end date of the audit.
c) Declaration of conformity of each of the conditions set forth in article 29 of the Law
527 of 1999, Decree 1747 of 2000, this chapter and the regulations that modify or
add.
d) Declaration of conformity of the CPS and evaluation of the effectiveness of the plans, policies and
security procedures contained both in the declaration and those required in the chapter
fourth of this title.
e) Manifestation of compliance with the standards indicated in numeral 8.4.3 literal c) of this
chapter, taking into account recognized criteria for the purpose, which meet at least

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the objectives of protection level 2 (Evaluation Assurance Level 2) defined by Common
Criteria for Information Technology Security Evaluation (CC 2.1) CCIMB-99-031 developed by
the Common Criteria Project Sponsoring Organization in part 3 or its equivalent in the standard
ISO / IEC 15408. The report must specify the criteria observed for each of these
objectives of numeral 8.4.3 literal c) of this chapter, the source of said criterion and the
recognition you have.
f) In the case of foreign entities that act under the conditions provided in article 12 of the
Decree 1747 of 2000, the audit reports must demonstrate that it is empowered to
carry out this type of audits in your country of origin. Y
g) Signature of the legal representative of the auditing firm.
8.4.

Security standards, plans and procedures

The following rules apply to the security standards, plans and procedures:
8.4.1

Standards

For the purposes provided for in article 27 of Decree 1747 of 2000, the following will be admitted
standards:
a) For signature algorithms:
i. Digital signature algorithms identified with the following ASN.1 OIDs and referenced by the
Internet Engineering Task Force (IETF):
•
•
•
•

md5WithRSAEncryption
sha-1WithRSAEncryption
id-dsa-with-sha1
ecdsa-with-sha1

ii. The selected algorithm and key length must guarantee the uniqueness of the signature
digital documents that are signed in accordance with the permitted uses of the certificate.
This length must be greater than or equal to 1024 bits in the RSA key used in the
digital signature algorithms or their equivalent shorter lengths will be supported, but not
less than 512 bits or its equivalent, after justification of guarantee of uniqueness.
b) For key pair generation: A method of generating private and public keys that
guarantee the uniqueness and the impossibility of being involved in situations contemplated in the
Article 16 of Decree 1747 of 2000.

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c) For digital signature generation: A digital signature generation system that uses a
supported digital signature algorithm.
d) For certificates in relation to digital signature: Certificates compatible with the standard of the
International Telecommunication Union (ITU - T) X - 509 version 3.
e) For revoked certificate lists: The ITU X-509 version 2 CRL standard.
8.4.2

Certification Practice Statement (CPD)

The declaration of certification practices referred to in article 6 of the Decree
1747 of 2000, must be accessible from the main website of the certification body,
available to the public at all times and must include:
a) The identification of the entity that provides the certification services. This information will include
the name, reason or company name of the entity, the registered office, telephone, fax, address
email address and the office responsible for requests, complaints and claims (PQR) of the
subscribers and users. If the certification body has subordinate entities or
subcontracted, you must include this same information with respect to each of them.
b) The certificate management policy, which must include:
i. The requirements and procedure for issuing certificates, including the
procedures for identifying the subscriber and recognized entities, in accordance with
with the provisions of article 43 of Law 527 of 1999.
ii. The types of certificates it offers, their differences, the degree of reliability and the possible
uses of each of them, limits of liability and the time during which they are
guarantees the uniqueness of the digital signature.
iii. The content of each of the different types of certificates.
iv. The procedure for updating the information contained in the certificates.
v. The procedure, the verifications, the opportunity and the people who may invoke the
causes for revocation of certificates.
saw. The validity of each of the types of certificates.
vii. Information on the security system to protect the information that is collected
in order to issue the certificates.
c) The obligations of the certification body and the subscribers of the certificate, as well as the
precautions to be observed by third parties who trust the certificate.

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d) The information that will be requested from subscribers.
e) The management of the information obtained from the subscribers according to the regulations
applicable in the matter, detailing:
i. The handling of information of a confidential nature.
ii. The events in which the confidential information given by the subscriber will be revealed, from
in accordance with current regulations.
f) The guarantees offered by the entity for the fulfillment of the obligations derived from
its activities and the insurance clauses that protect third parties for damages
that may be caused by the entity and / or the regulations of the trust contracts constituted for the
effect.
g) The limits of responsibility of the certification body in each of the types of
certificates and for each signed document.
h) The fees for the issuance and revocation of certificates and the services they include.
i) The security procedures for handling the following events:
i. When the security of the private key of the certification authority has been seen
engaged.
ii. When the security system of the certification authority has been violated.
iii. When there are flaws in the certification body's system that compromise the
provision of the service.
iv. When encryption systems lose their validity because they do not offer the level of security
hired by the subscriber.
j) The contingency plan aimed at guaranteeing the continuity of the certification service,
when an event occurs that compromises the provision of the service.
k) Models and minutes of the contracts that you will use: In case of foreseeing their existence, text of the
arbitration clauses that establish the legal procedure for the resolution of
conflicts, specifying at least the jurisdiction and applicable law in the event that any of the
parties are not domiciled in Colombian territory.
l) The management policy of other services to be provided, detailing their conditions.
8.4.3

Reliable system

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For the purposes of article 2 of Decree 1747 of 2000, a system will be reliable when it complies
with the following aspects:
a) Security policies, plans and procedures: The entity must define and implement,
After authorized, the security policies, plans and procedures aimed at
guarantee the continuous provision of certification services, which must be reviewed and
updated periodically. These should include at least:
i. Security policies and procedures for physical facilities and equipment.
ii. Access policies to the entity's systems and facilities with constant monitoring.
iii. Hardware and software update procedures, used for the operation of
certification bodies.
iv. Contingency procedures in each of the potential risks that affect the
against the operation of the entity, according to a study that will be updated periodically.
v. Computer virus management, control and prevention plan.
saw. Key generation procedure for the certification body that guarantees that:
- It is only done in the presence of the legal representatives of the entity.
- The algorithms used and the length of the keys used are such as to guarantee the
uniqueness of the signatures generated in the certificates, for the maximum validity time
that the data messages signed by your subscribers last.
b) Firewall: The certification authority must isolate the servers from the internal network and
external by installing a firewall or firewall, in which they must be configured
relevant access and alert policies.
The data center network must be located in physical network segments independent of
the internal network of the system, ensuring that the firewall is the element that authorizes the
logical access to certification systems.
c) Certificate issuance and administration systems: The issuance and administration systems
of certificates must provide the service safely and continuously. In any case, the entities

must meet at least one of the following conditions:
i. Comply with Certificate Issuing and Management Components Protection Profile level 2
developed by the National Institute of Standards and Technologies; or
ii. Comply with technical requirements that correspond at least to the objectives of the
protection level 2 (Evaluation Assurance Level 2) defined by Common Criteria for
Information Technology Security Evaluation (CC 2.1) CCIMB-99-031 developed by the
Common Criteria Project Sponsoring Organization in part 3 or its equivalent in the
ISO / IEC 15408 standard, from:

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- Audit registration system of all operations related to the operation and
management of the elements of issuance and certificate management, which
allow any activity of the entity to be rebuilt at any time
- Secondary storage system for all the entity's information, in a
second device that has at least the same security as the device
original, to be able to reconstruct the information safely if necessary
- Device for the generation and storage of the private key, such that its
privacy and destruction in case of any attempted violation. The device and
Procedures must ensure that the generation of the entity's private key
can only be generated in the presence of the legal representatives of the same
- System information integrity check system, data and in
particular of your keys.
8.5.

Certificates

8.5.1

General content

The certificates must comply with the provisions of numeral 8.4.1 literal d) of this chapter and
with the requirements of article 35 of Law 527 of 1999.
8.5.2

Content of reciprocal certificates

The reciprocal certificates indicated in the paragraph of article 14 of Decree 1747 of 2000,
must contain at least the following information:
a) Unique identifier of the certificate;
b) Public key of the entity that is being recognized;
c) Types of certificates to which the recognition refers;
d) Duration of recognition;
e) Reference of the limits of responsibility of the type of certificate to which the
recognition.
8.6. Instructions for the entities that offer services of the entities of
certification. *

* External Circular No. 02 of February 21, 2002. Published in the Official Gazette No. 44,722 of February 26, 2002.
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All those legal persons, public or private, of national or foreign origin, the chambers
of commerce and notaries or consulates, which are carrying out activities as entities of
certification, such as: issuance of certificates in relation to the digital signatures of people,
offer or facilitate chronological stamping services of the transmission and reception of messages
data, as well as fulfill other functions related to signature-based communications
without authorization from the Superintendency of Industry and Commerce, must present the
corresponding request, under penalty of the imposition of the sanctions to which there is place.
In order to fully comply with the provisions of this section, the aforementioned persons
must submit the corresponding request for authorization, depending on the activities to
done, no later than January 31, 2003. **

** External Circular No. 19 of August 23, 2002. Published in the Official Gazette No. 44,918 of August 31, 2002.
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P.

TITLE VI METROLOGY ............................................... .................................................. ............................................. .1
CHAPTER ONE LEGAL SYSTEM OF UNITS IN COLOMBIA .......................................... .............................. 1
1.1
1.2

International System of Units - SI ............................................ .................................................. ...... 1
Basic units of the International System of Units ........................................... ............................. 1

CHAPTER TWO PRESENTATION AND LABELING OF PACKAGED OR PACKAGED PRODUCTS ............... 1
2.1
2.2

National or imported packaged or packaged products ........................................... ....................... 1
Labeling of packages or containers regarding their net content. .................................................. .. two

CHAPTER THREE INSTRUMENTS SUBJECT TO MANDATORY METROLOGICAL CONTROL ........................ 3
3.1
3.2

Measuring instruments and standards whose verification or calibration is mandatory ................................ 3
Information to be recorded on volumetric containers used in transactions
commercial 3
Verification technical regulations .............................................. .................................................. ....... 3

3.3

CHAPTER FOUR PRE-PACKAGED PRODUCT CONTENT ........................................... ......................... 4
4.1

Scope ................................................. .................................................. ............................................. 4

4.2
4.3
4.3.1
4.3.2
4.4
4.4.1

Terminology ................................................. .................................................. .................................................. ............. 4
Metrological Requirements for prepackages .............................................. .................................................. ................ 6
Average content ................................................ .................................................. .................................................. ... 6
Contents of individual prepackages ............................................. .................................................. ................ 6
Reference test for metrological requirements. .................................................. .................................................. 6
The uncertainties extended to the 95 percent confidence level, associated with the measurement instruments and
test methods used in the metrological control to determine contents, shall not exceed 0.2 T. ................... 6
For the verifications, the statistical and general control principles that are set out below will be taken into account.
relate: ................................................ .................................................. .................................................. .............. 6
Characteristics of the sampling plans for market control by legal metrology authorities .............. 8
Determination of tare .............................................. .................................................. .............................................. 10
General: ................................................ .................................................. .................................................. ......... 10
Determination of unused dry tare or used dry tare ....................................... .................................................. .eleven
Special verification conditions .............................................. .................................................. .......................eleven
When the metrological control tests cannot be carried out in the same sampling place, due to not having
from an appropriate place, or because equipment is necessary that cannot be moved or is not owned by the agency that
carries out the control, said tests may be carried out in the offices or laboratories of the body that carries out the
control, or in an accredited laboratory within the National System of Standardization, Certification and Metrology.
Transportation and testing costs are the responsibility of the researcher ..................................... ..............................eleven
When the metrological control tests cannot be carried out at the same sampling location, the manufacturer
The importer may designate a representative to be present as an observer during the tests.
.................................................. .................................................. .................................................. ..........eleven
Provided that it is established by mutual agreement with the manufacturer or importer of the product under verification, and
that said agreement is included within the verification protocol, sample sizes may be established
higher than those established in this regulation ........................................... .................................................. ..........eleven

4.4.2
4.4.3
4.5
4.5.1
4.5.2
4.6
4.6.1

4.6.2

4.6.3

4.7
4.7.1

Misleading prepackage provisions .............................................. ............................................ eleven
For the purposes of the provisions of articles 14 to 16 of Decree 3466 of 1982, the
next: ................................................ .................................................. .................................................. ............eleven
Penalty Regime ................................................ .................................................. ......................... 12

4.8

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TITLE VI

METROLOGY

CHAPTER ONE LEGAL SYSTEM OF UNITS IN COLOMBIA
The System of Units is understood to be the set of basic units, together with the units
derivatives, defined according to the rules given for a given system of magnitudes.
The coherence of the system is that the derived units of measure can be expressed
as a product of powers of the base units with a proportionality factor equal to
one.
1.1 International System of Units - SI
It is the coherent system of units adopted and recommended by the General Conference of Weights
and Measures (NTC 2194 - numeral 1.12).
The International System of Measures was adopted in Colombia through Decree 1731 of 1967
and 3463 of 1980. Resolution 005 of April 3, 1995 of the National Council of Standards and
Qualities made the Colombian technical standard 1 000 Metrology official,
International System of Units (fourth revision).
1.2 Basic units of the International System of Units
SI base units
Magnitude

Unit

Symbol

Length
Mass
Weather
Electric current
Thermodynamic temperature
Amount of substance
Light intensity

Subway
Kilogram
Second
Ampere
Kelvin
Mol
Candle

M
Kg
S
TO
K
mole
CD

CHAPTER TWO PRESENTATION AND LABELING OF PACKAGED PRODUCTS OR
PACKAGED
2.1 National or imported packaged or packaged products
Without prejudice to the PUM regime and special cases, in accordance with the provisions of the
Articles 14 of Decree 3466 of 1982 and 35 of Decree 2269 of 1993, packaged products or
packaged, national or imported, that are marketed in the national territory, may be
offer to the public in any presentation of a unit of measure, expressed in accordance with the
YES and the net content delivered must correspond to the announced nominal net content.
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Exception to the previous principle, will be established for the internal marketing of ground coffee.
In commercial transactions with oil and its fuel and lubricant derivatives,
may continue to use conventional units of measure in this field, but the
The Superintendency of Industry and Commerce will decide the appropriate date for the passage to the SI.
2.2 Labeling of packages or containers regarding their net content.
Products that are marketed packaged or packaged must bear the content on the label
net, expressed in visible characters with a height as established in the technical standard
Colombian NTC 512-1 (fourth update) “Food industries. Labeled. Part 1: standard
general. Declared mandatory official through Council Resolution 009 of 1997-08-06
National Standards and Qualities, from which the respective table is transcribed. In this labeling is
they will always use the SI units of measure.
Character size relative to the main display area:
Main face area of
display

Minimum height of numbers
and the letters

Minimum height of the
shaped or molded blown sign
on the surface of the container

Up to 16 cm 2

2 mm

3 mm

16 cm 2 to 100 cm 2

3 mm

4mm

100 cm 2 to 225 cm 2

4mm

6 mm

225 cm 2 to 400 cm 2

5 mm

7 mm

400 cm 2 to 625 cm 2

7 mm

8 mm

625 cm 2 to 900 cm 2

9 mm

9 mm

900 cm 2 onwards

proportional

Proportional

Character size relative to net content

Net content
Maximum height of numbers and letters
Equal to or less than 200 g (or cm³)
3 mm
Greater than 200 g (or cm³) up to 1 kg 4 mm
Greater than 1 kg (or cm³)
6 mm

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CHAPTER THREE INSTRUMENTS SUBJECT TO METROLOGICAL CONTROL
REQUIRED
3.1 Measuring instruments and standards whose verification or calibration is mandatory
The measuring instruments and standards whose initial, periodic and periodic verification or calibration
extraordinary, are established as mandatory, are the following:
Length measuring instruments;
Taximeters and odometers for automobiles;
Instruments for planimetry;
Instruments for measuring the volume of solid and liquid objects;
Weights, scales, weighing machines, grain and cereal testers;
Measuring instruments for gases;
Instruments for measuring grain and cereal moisture;
Measuring instruments for scientific research;
Electricity, water and gas meters;
Medical syringes, thermometers and clinical manometers (sphygmomanometers);
Measuring instruments for the determination of mass, volume, pressure,
temperature, density or content, must be verified, if they are used in the
manufacture or testing of drugs or if they are prepared in such a way that they can be
used without special preparation;
Measuring instruments used for self-control of people's health status;
Instruments used in the practice of medicine, dentistry, and to make measurements
for the examination or medical treatment of people.
3.2 Information to be recorded on the volumetric containers used in the
commercial transactions
All open volumetric vessels used in commercial transactions of solids or
liquids, must contain the name of the company that manufactures it, the mark of the filled level and
record of nominal content in units of volume (liters, ml, cm 3 ) or mass (kilograms,
grams or milligrams).
3.3 Technical verification regulations
The technical verification regulations are those described in the Colombian technical standards
mandatory (NTCOO) or, failing that, those corresponding in each case, to the recommendations
of the International Organization of Legal Metrology (OIML) or those issued by the Superintendency of
Industry and Commerce.

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CHAPTER FOUR PRE-PACKAGED PRODUCT CONTENT *
4.1 Scope
This regulation specifies:
-

-

The metrological requirements for prepackaged products labeled in quantities
constant and variable default nominals, weight, volume, linear measure, area, or
amount.
Sampling plans and procedures to be used by control authorities
metrological in the verification of the quantity of products in prepackaged.

The sampling plans specified in this regulation are not intended to be used in
quality control processes of packers.
4.2 Terminology
For the purposes of these regulations, the following definitions will be taken into account:
a) Contents of a prepackage: The actual quantity of product in a prepackage.
b) Nominal content: The quantity of product in a prepackage declared on the labeling by the
packer. The symbol 'Qn' will be used to designate the nominal content.
c) Tolerable deficiency or default tolerance: Allowable deficiency in the quantity of product of
a prepackaged. The symbol 'T' will be used for tolerable deficiency.
d) Individual error: Difference between the actual content of the product in a prepackaged and its
nominal content.
e) Average error: The sum of individual errors of each prepackage taking into account the
arithmetic sign, divided by the number of prepackages in the sample.
f) Inspection lot: A defined quantity of prepackages subject to verification,

produced in a given time and under conditions that are presumed uniform, of which
a sample is extracted and inspected, in order to determine with a specific criterion the
conformity of the batch as a whole.
g) Packaging material (also called individual packaging, tare, packaging or packing material
packaging): Everything in a prepackaged intended to be abandoned after use
* Resolution No. 16379 of June 18, 2003. Published in the Official Gazette No. 45,230 of June 26, 2003.
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of the product, except for elements naturally incorporated in the product. Usage includes
consumption or undergoing treatment. The packaging material is that which is intended for
contain, protect, handle, manipulate, deliver, conserve, transport, supply information
and serve as a support (eg, tray) while using the product it contains.
h) Random sampling: The one in which the prepackages of the sample are selected at random, is
that is, they all have the same probability of being included in the sample.
i) Prepackaged: Combination of a product and the packaging material in which it is presented to the
consumer.
j) Misleading prepackage: That which has been prepared, formed, presented, marked, filled or
packaged, in such a way as to mislead the consumer about its content.
k) Non-conforming prepackage: Prepackage unit with an individual error below the
nominal content (also called negative error).

1. Error T1: Non-conforming prepack unit, containing less actual content
than the nominal content minus the allowable tolerable deficiency:
Error T1: Actual content <Qn - T
2. Error T2: Non-conforming prepack unit containing an actual content less than
the nominal content minus twice the allowable tolerable deficiency:
T2 error: Actual content <Qn - 2T
I) Prepackaged product: Unit of product that is presented as such to the consumer, which
includes the product and the packaging material in which it was placed before being offered
for sale and in which the amount of product contained has been expressly
default, whether the packaging material contains the product completely or
partially, but in any case, packaged in such a way that the actual product content
It cannot be modified without the package being opened or subjected to a perceptible modification.
II) Sample size: Amount of prepackages taken from an inspection lot, used
to provide information that will serve as the basis for determining lot conformance
of Inspection. The symbol 'n' will be used for the sample size.

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4.3 Metrological requirements for prepackages.
All prepackaged must meet the requirements set forth in this numeral, at any level
distribution, including point of packaging, import, point of sale, distribution and retail
Wholesale.
4.3.1 Average content
The actual average content in a prepackaged product inspection lot must be equal to or
higher than nominal content. If the average actual content of a product inspection lot
prepackaged is determined by sampling, the criteria of section 4.4 of this
Chapter, "Reference Test for metrological requirements" for inspection lots.
4.3.2 Contents of individual prepackages
The actual content of the product in a prepackaged shall correspond to the nominal content,
observing the tolerances allowed in section 4.4.3 letter e) of this Chapter.
An inspection lot is considered non-compliant when:
a) There are more units than those allowed in column 4, of table 1 (numeral 4.4.3 letter d),
of this Chapter) with a deficiency greater than the tolerable deficiency of numeral 4.4.3, letter e), of
This chapter.
b) There is one or more non-conforming prepackages with a T2 error.

4.4 Reference Test for metrological requirements.
4.4.1 The uncertainties extended to the 95 percent confidence level, associated with the
measuring instruments and test methods used in metrological control for
determine contents, they will not exceed 0.2 T.
Examples of the source of uncertainty include: the maximum permissible error and repeatability in
weighing and measuring instruments; variations in prepackage materials; Y,
fluctuations in density determination, caused by different amounts of
solids in the liquid or changes in temperature.
4.4.2 For the verifications, the statistical and general principles of
control that are listed below:

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a) The tests to determine the conformity of an inspection lot must consider the
following parameters:
I. Type I Risk: The one associated with the error in the average content of the product in prepackaged
the sample;
II. Type II Risk: The one associated with the percentage of prepackaged units in the sample that
they contain an amount of product less than Qn - T, which must be less than 2.5 percent.
The foregoing is equivalent to an inspection lot being considered non-compliant, when
there are more units than those allowed in column 4, of table 1 (numeral 4.4.3, letter d)
of this Chapter), with a deficiency greater than the tolerable deficiency of numeral 4.4.3, letter e),
of this Chapter. An inspection lot is nonconforming if one or more prepackages of the
sample contain an amount of product less than Qn - 2T.
b) Level of representativeness of the tests for Type I Risk:
The level of representativeness must be 0.005, that is, this is the upper limit value for
this kind of error. The tests should determine whether the average product content in a
prepackaged has a representativeness level of 99.5 percent, using the coefficients
derivatives of the t Student distribution:
or p 0.5% for μ = Qn
where μ corresponds to the mean of the content of the sample.
The probability of rejecting a properly packaged inspection lot with μ = Qn must not
exceed 0.5 percent.
c) Assay for Type II Risk:
i. The assay for Type II Risk must have a representativeness level or p of:
or p 5% for p = 2.5%
The probability ( p ) of rejecting an inspection lot that contains 2.5 percent of
Non-conforming prepackaged will not exceed 5 percent.
ii. The level of representativeness in the assay for Type II Risk (percentage of
non-conforming prepackaged):
In at least 90 percent of the cases, the trials should allow to find batches of
inspection that meet the following characteristics:
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- For the average, lots in which the average content is less than Qn - 0.74, where
is the standard deviation of the quantity of product in the prepackages of the batch of
inspection, and
- Lots containing 9 percent non-conforming prepackaged.

4.4.3 Characteristics of the sampling plans for market control by the authorities of
legal metrology:
a) Inspection lots must be assumed to be homogeneous, if there is no express indication in
contrary.
b) The sample of prepackaged products must be selected randomly. If the size of
an inspection lot is less than 100 prepackaged units, it must be subjected to
Verify the entire batch. In this case, it is not accepted that there is a single prepackage with
deficiency greater than the tolerable deficiency, established in section 4.4.3, letter e), of this
Chapter.
c) When verifications are carried out at the packer's facilities, it must be taken into account
consider the following consideration:
An inspection lot taken from the production line will consist of all prepackages
not rejected by the verification system. Any intervention other than
normal operating adjustments, or other corrective measures in production processes and
packing. Samples must be selected after the final checkpoint of the
packer.
The inspection lot size must be equal to the maximum delivery of one production hour
without any restriction on the size of the inspection lot, provided that the samples are
selected from the production line, or from another location at the packer's facility.
d) The size of the samples, according to the size of the inspection lot, should be
select in accordance with the provisions of table 1:

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Table 1 - Sampling plans for prepackages

Column 1
Lot Size
of Inspection

Column 2 Column 3
Size of the
show
Correction factor

Column 4
Amount of prepackages in the
shows that they can exceed the
tolerable deficiency of section 4.4.3,
letter e).

of the sampling

100 to 500

fifty

501 to 3,200

80

More than 3,200

125

3

0.379
0.295

5

0.234

7

e) Tolerable deficiencies
i. The tolerable deficiencies (T) for all prepackages are specified in table 2:
Table 2 - Tolerable deficiencies for actual prepackage content
Nominal content of
product ( Q n) in g or mL

Tolerable deficiency (T) a

Percentage of Q n
G or mL
0 to 50
9
50 to 100
4.5
100 to 200
4.5
200 to 300
9
300 to 500
3
500 to 1,000
fifteen
1,000 to 10,000
1.5
10,000 to 15,000
150
15,000 to 50,000
1
a Values ​of T should be rounded to the next higher decimal place of g or mL for values ​of Qn
less than or equal to 1 000 g or mL and to the next integer for Qn values greater than 1 000 g or
mL.
Nominal content ( Q n)
expressed in length

Percentage of Q n
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Q n of 5 m or less
Q n greater than 5 m

Content deficiency is not allowed.
two

Nominal content ( Q n)
expressed in area
All values ​of Q n 3

Percentage of Q n

Nominal content ( Q n)
expressed in quantity of
Percentage of Q n
units
Q n of 50 units or less Tolerable deficiency is not allowed.
Q n greater than 50 units 1 b
b Calculate the value of T by multiplying the nominal content by 1 percent and rounding the
result to the next higher integer. The value may be greater than 1 due to the approximation, but
it is accepted because the products are whole items that cannot be divided.
ii. No prepackage should have a negative error greater than twice the tolerable deficiency
(T2), specified in this same literal e).
f) The nominal content must be declared in accordance with the specifications of Chapter Two
this Title VI.
4.5 Determination of tare
4.5.1 General:
This procedure allows the use of dry tare, used or unused, to determine the actual content.
of product in a prepackaged.
a) In determining the quantity of product in a prepackage, the tare of
as follows:
Actual Product Quantity

= Prepackage weight

- Average weight of packing material

b) Unused dry tare, is the weight of the packaging material that has not been used to contain
a prepackaged.
c) Used dry tare, is the packaging material that has been used as part of a prepackage,
that has been separated from the product and cleaned, using normal household procedures
used by consumers of the product (eg, the material should not be dried in an oven).

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4.5.2 Determination of unused dry tare or used dry tare.
a) For the determination of tare, an initial sample of 10 or more is randomly selected
packaging materials and the weight of each is determined through measurement.
b) Determine the Average Tare Weight (PPT) and the standard deviation () of the sample
initial packaging materials and proceed according to the criteria in table 3:
Table 3 - Tare

Yes
The PPT 10% of the content
nominal
The PPT> 10% of the content
nominal and
<0.25 x T
The PPT> 10% of the content
nominal and
> 0.25 x T

Then
The PPT is used to determine the actual quantity of product in the
prepackaged.
A total of 25 prepackages are used to determine the PPT

The PPT cannot be used. It will be necessary to determine and take into account
counts the weight of each package individually.

4.6 Special verification conditions
4.6.1 When control tests cannot be performed at the same sampling location
metrological, because of not having an appropriate place, or because a team that does not
can be transferred or not owned by the body that carries out the control, said tests are
may be carried out in the offices or laboratories of the body that carries out the control, or in some
accredited laboratory within the National System of Standardization, Certification and
Metrology. Transportation and testing costs are the responsibility of the researcher.
4.6.2 When the metrological control tests cannot be carried out in the same place of
sampling, the manufacturer or importer may designate a representative to be present
as an observer during the tests.
4.6.3 Provided that it is established by mutual agreement with the manufacturer or importer of the product
object of verification, and that said agreement is included within the verification protocol,
may establish sample sizes greater than those established in this regulation.
4.7 Misleading prepackage provisions
4.7.1 For the purposes of the provisions of articles 14 to 16 of Decree 3466 of 1982, the
observe the following:

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a) A prepackage must not have a false bottom, walls, lid or cover, nor be constructed in such a way.
a way, totally or partially, that may mislead consumers.
b) A prepackage must not be made, formed or filled in such a way as to mislead the
consumer. If a consumer cannot see the product in a prepackaged, it will be assumed that it is
full. A prepackage showing a filling deficiency is classified as misleading.
functional. The filling deficiency is the difference between the actual capacity of the filling material
packaging and the volume of product it contains. Non-functional filling deficiency is the
empty space of a prepackage that is filled to less than capacity.
c) Without prejudice to supplying the consumer with the warnings of the case, the filling deficiency
may be required for the following purposes:
i.

Product protection;

ii.

Requirements of the machines used to accommodate the content of the
Prepackaged;

iii.

Unavoidable settling of the product during handling and transportation; Y

iv. Need for prepackage to perform a specific function (for example where the prepackaged
prepackaged plays a specific role in the preparation or consumption of a
food), where such function is inherent to the nature of the product and is communicated
clearly to consumers.
4.8 Sanctioning Regime
In developing the powers of supervision, control and surveillance, it corresponds to the
Superintendency of Industry and Commerce, to the governorships, to the municipal mayors and
districts, in accordance with the procedures and powers established by law and mainly
indicated in article 2, numeral 5, of decree 2153 of 1992 and in articles 39, 40 and 42 of
Decree 2269 of 1993, apply the pertinent sanctions for non-compliance with the provisions of the
these regulations.

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P.

TITLE VII. PROMOTION OF COMPETITION .............................................. ............................................. 1
FIRST CHAPTER. RESTRICTIVE BUSINESS PRACTICES ............................................... ........... 1
1.1 BASIC S ECTOR OF THE PRODUCTION OF GOODS AND SERVICES ....................................... .............................................. 1
1.2 D ESCRIPTION OF THE AGREEMENT , AGREEMENT , PRACTICE , PROCEDURE OR SYSTEM ..................................... ................... 1
1.3 P RECISION ABOUT COMPETITION RULES ........................................... .................................................. .............. 1
1.4 M ECANISMS OF SURVEILLANCE ............................................. .................................................. ..................................... two
1.5 C ASOS IN WHICH AUTHORIZATION MAY NOT BE REQUESTED FOR AGREEMENTS OR AGREEMENTS LIMITING FREEDOM
COMPETITION .................................................

.................................................. .................................................. ............... two
1.6 I NOBSERVANCIA AUTHORIZATION OF S UPERINTENDENCIA OF I NDUSTRY AND C RADE .................................. .... 2

CHAPTER TWO. BUSINESS INTEGRATIONS ................................................ ....................... 2
two
ADMINISTRATIVE PROCEDURE FOR THE AUTHORIZATION OF BUSINESS INTEGRATIONS ........ 2
2.1 O PERATIONS SUBJECT TO THIS PROCEDURE ........................................... .................................................. ...................... two
2.1.1 Subjective Assumption ............................................. .................................................. ...................................... 3
2.1.2 Objective Assumption ............................................. .................................................. ....................................... 3
2.2 P RESENTING THE APPLICATION ............................................. .................................................. ................................... 3
2.2.1 Contents of the Pre-evaluation Request ....................................... .................................................. ..... 4
2.2.2 Formal requirements for the information presented ......................................... ............................................ 4
2.2.3 Reservation of documents or information ........................................ .................................................. ... 4
2.2.4 Request for non-publication of the pre-evaluation request for reasons of public order. ..................... 4
2.3 Formal study of the pre-evaluation request ........................................ .................................................. .... 5
2.3.1 Request for correction or clarification .......................................... .................................................. ...... 5
2.3.2 Publication order ............................................ .................................................. .................................... 5
2.3.3 Exceptions to the publication order ......................................... .................................................. ............ 5
2.3.4 Non-existence of the obligation to report the operation ....................................... ........................................ 5
2.3.5 Publication .............................................. .................................................. ................................................. 6
2.4 PRELIMINARY STUDY AND DECISION ............................................ .................................................. ............................... 6
2.5 FUND STUDY OF THE APPLICATION .......................................... .................................................. ............................ 7
2.5.1 Communication to other authorities ........................................... .................................................. ................ 7
2.5.2 Actions of the authorities ........................................... .................................................. ..................... 7
2.5.3 Communication to the participating companies .......................................... .................................................. 7
2.6 FINAL DECISION .............................................. .................................................. .................................................. ..... 8
2.7 POSITIVE ADMINISTRATIVE S ILLENCE ............................................. .................................................. .......................... 8
2.8 D ESISTENCE OF THE APPLICATION ............................................ .................................................. ................................ 8
3
PROCESS OF NOTIFICATION OF BUSINESS INTEGRATIONS ............................................ .................. 8
3.1 O PERATIONS SUBJECT TO THIS PROCEDURE ........................................... .................................................. ...................... 8
3.2 NOTIFICATION D OCUMENT ............................................. .................................................. .................................. 9
3.3 Cuse R ECIBO ............................................ .................................................. .................................................. ... 9
4
OPERATIONS EXEMPT FROM PRIOR CONTROL OF BUSINESS INTEGRATIONS ........................ 9
BUSINESS INTEGRATION GUIDE .............................................. .................................................. .............. 10
I. PRE-ASSESSMENT GUIDE ............................................ .................................................. ....................................... 10
II. FUND STUDY GUIDE ............................................. .................................................. ................................. 14

CHAPTER THREE. UNFAIR COMPETITION ................................................ ...................................... 17
CHAPTER FOUR. GENERAL RULES ** .............................................. ............................................ 17
4.1 R ESERVE IN INVESTIGATIONS IN THE FIELD OF RESTRICTIVE BUSINESS PRACTICES AND UNFAIR COMPETITION . 17

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COMPETITION PROMOTION

TITLE VII

1

FIRST CHAPTER. RESTRICTIVE BUSINESS PRACTICES

The criteria that will be taken into account for the study of the request aimed at obtaining the
authorization of agreements or conventions that limit free competition referred to in the paragraph of the
Article 1 of Law 155 of 1959, will be the following:
1.1

Basic sector of the production of goods and services

The interested party must demonstrate that it is a basic sector of the production of goods and
services of interest to the national economy. For this purpose, the following are considered relevant:
- Location of the sector according to the international 4-digit ISIC classification;
- Percentage of GDP associated with the sector during the last two (2) years;
- Number of jobs generated by the sector and the explanation of their representativeness in the
national or regional labor market, as appropriate; and
- Interdependence with other economic sectors.
1.2

Description of the agreement, convention, practice, procedure or system

The request must contain a description of the agreement, convention, practice, procedure or
system. For this purpose, it must be indicated:
- Companies that participate;
- Object of the agreement and conditions that will be applied;
- Duration;
- Specific rules whose temporary inapplication is intended; Y
- Justification of the agreement, detailing its effect in defense of the stability of the sector.
1.3

Accuracy on competition rules

It should indicate how the objective of the competition rules is affected. In this regard, you must
be specified:
- Efficiency of the productive chain of the sector object of the agreement;
- Free choice and access to the markets of the goods and services offered by the various
companies that make up the sector, by consumers;
- That companies can freely participate in the markets of the productive chain of the
sector object of the agreement;
- Existence of a variety of prices and quality of goods and services; Y
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- Alternatively, the quantification of the benefits for the country that justify the allocation of
any of the objectives listed above.
1.4

Surveillance mechanisms

The mechanism that allows the Superintendency to monitor the behavior of
the economic variables of the sector, with details of the information that the
participants in the agreement.
In the event that the Superintendency of Industry and Commerce considers that the conditions of the
market that led to the conclusion of the agreement have been exceeded and the sector is
stable, you can terminate the agreement even before the expected deadline.
1.5

Cases in which authorization for agreements or conventions cannot be requested
that limit free competition

In no case may authorization be requested for agreements or agreements in process or execution, or
may deal with conducts that are the subject of investigation, that have been sanctioned or
with respect to which there has been an order of termination or commitment to modify.
1.6

Failure to comply with the authorization of the Superintendency of Industry and Commerce

The non-observance of the terms of the authorization that the Superintendency of Industry and Commerce
impart, will imply a violation of the norms of promotion of competition and practices
restrictive trade.

two CHAPTER TWO. BUSINESS INTEGRATIONS

* ep

2 ADMINISTRATIVE PROCEDURE FOR THE AUTHORIZATION OF INTEGRATIONS
BUSINESSES.
2.1 Operations subject to this procedure
Merger, consolidation, acquisition of control or integration business operations
Whatever the legal form of the planned operation, they must be informed to the
Superintendency of Industry and Commerce when the following assumptions concur:

*

Resolution No. 35006 of June 30, 2010.
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2.1.1

Subjective Assumption

a) When the participating companies carry out the same economic activity, or
b) When the companies involved are in the same value chain 1 .
*

2.1.2

Assumption Objective

a) When the Participants 2 jointly or individually considered have
obtained during the fiscal year prior to the projected operation, operating income
higher than the amount established in the current legal monthly minimum wages by the
Superintendency of Industry and Commerce, or
b) When at the end of the fiscal year prior to the projected operation they had, together or
individually, total assets higher than the amount in legal minimum wages
current monthly payments have been established by the Superintendency of Industry and Commerce.
For the purposes of calculating the operating income and the total assets indicated above,
will take into account the sum of the values ​recorded in the financial statements of each of the
intervening companies, including those with whom they are related by virtue of a
control situation 3 , of the fiscal year immediately preceding the one in which the duty is fulfilled
to inform the projected integration operation.
2.2
Application submission
The participating companies must submit the request for pre-evaluation of the operation
projected before the Superintendency of Industry and Commerce, through the completion and
filing of the single application form for authorization of business integrations, format
PC01-F01 Annex No. 2, complying with the requirements set forth in the Pre-evaluation Guide
included in Annex No. 1 of this Resolution.

1 The

value chain is understood as the set of activities from which it is possible to generate an order

in which the product obtained in one activity turns out to be an input for another. In this way, each activity or
link successively adds value to the goods or services when analyzing such process from the
generation of the product until it reaches the final consumer.
*
Resolution 69901 of December 31, 2009. established "from January 1, 2010 to December 31,
December 2010 at 150,000 legal monthly minimum wages in force operating income and
assets that will be taken into account for the provisions of article 9 of Law 1340 of 2009. "
2 Intervening companies are understood to be those that plan to carry out an integration operation and exercise a
3

economic activity that may have effects on the national territory.
According to numeral 4 of article 45 of Decree 2153 of 1992, control is understood as " The possibility of
directly or indirectly influence business policy, the initiation of goods or rights
essential for the development of the company's activity. "
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The request for pre-evaluation of the projected operation must contain the express statement
of the intention of the intervening parties to carry it out.
2.2.1

Contents of the Pre-evaluation Request

In development of the provisions of paragraph 1 of article 10 of Law 1340 of 2009, the requests
of pre-evaluation presented by the companies involved in the integration operation must
include the information indicated in the Pre-evaluation Guide included in Annex No. 1 of the
this Resolution.
Paragraph: In the event that the participating companies consider that there is a specific element
that allows the Superintendency to terminate the procedure, within the period to which
refers to numeral 2.4., for finding that there are no substantial risks for competition
may provide additional information to that contained in this paragraph at the time of
submit the application.
2.2.2

Formal requirements of the information presented

The information that is sent with the pre-evaluation request must be submitted in writing (in
Spanish language) and in magnetic file. The accounting and statistical information must be attached
in electronic spreadsheet.
2.2.3

Reservation of documents or information

In order to safeguard the reservation that can be predicated regarding the documents and / or the
information provided to the pre-evaluation application process, the intervening parties must specify the
documents or folios that are subject to reservation in accordance with the law.
The Superintendency may objectively object to the reserved nature of the documents that
intervening parties indicate as such.
2.2.4

Request for non-publication of the pre-evaluation request for reasons of order
public.

The request that the parties involved in the operation may present, in the sense of not ordering
publish the pre-evaluation request in a newspaper with wide national circulation based on
reasons of public order, must be done simultaneously with the request for pre-evaluation
and by reasoned writing in which it is clearly evidenced that there is a risk of order
public.
The Entity will evaluate the arguments and determine whether or not it accepts the reservation request.

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2.3

Formal study of the pre-evaluation request

The Superintendency of Industry and Commerce will examine, within three (3) business days
following, counted from the date of submission of the application, if it complies with the
assumptions referred to in section 2.1 and if it is accompanied by the information established in the
numeral 2.2 of this Resolution.
2.3.1

Request for correction or clarification

If the formal examination shows that the application does not contain the information established in paragraph
2.2, or it or its annexes are not clear, it will be required in accordance with the provisions of articles 12 and
13 of the Contentious Administrative Code.
2.3.2

Publication order

Yes, the formal examination shows that there is an obligation to inform and the application contains the
information indicated in numeral 2.2 will proceed, by official letter, to order the publication of the
announcement foreseen in numeral 2 of article 10 of Law 1340 of 2009, to companies
intervening parties in accordance with the provisions of numeral 2.3.5 of this Resolution.
2.3.3

Exceptions to the order of publication

In accordance with numeral 2 of article 10 of Law 1340 of 2009, the Superintendency of
Industry and Commerce will not order the publication of the announcement when the intervening parties have
requested, by means of a reasoned writing, which accompanies the filing, the non-publication of its
request for pre-evaluation for reasons of public order, in accordance with the provisions of the
numeral 2.2.4 of this Resolution.
The acceptance or rejection of this request must be decided within three (3) days of
that deals with numeral 2.3 of this Resolution.
2.3.4

Non-existence of the obligation to report the operation

If sufficient elements are obtained from the initial formal study to establish that there is no duty to
inform the operation, the Superintendency will communicate said decision to the intervening parties, within the
term of three (3) days referred to in numeral 2.3 of this Resolution.

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2.3.5

Publication

2.3.5.1 Content
The intervening parties must publish an advertisement in the economic section of a newspaper of
wide national and / or local circulation, as the case may be, which includes:
to)
The text “By instruction of the Superintendency of Industry and Commerce it is reported that
has presented the following integration operation to that Entity: "
b)
The description of the operation presented specifying: (i) the type of operation that will be carried out
out, (ii) the list of affected products and / or services of each of the companies
intervening parties, and (iii) the distinctive signs affected by the operation (especially trademarks
commercial) of which each of them is the owner and / or licensee.
c)

The full name of the participating companies and their address.

d)
The filing number and the date of presentation of the application before the Superintendency
of Industry and Commerce.
and)
The warning that within (10) ten days after publication, third parties
have the possibility of supplying the Superintendency of Industry and Commerce with elements
useful for the analysis of the projected operation.
Paragraph 1: Once the announcement is published, the intervening parties must submit to the file
an informal copy of the respective page where it was published.
Paragraph 2. In the event that the publication has not been made correctly, it will be ordered to
the intervening parties, by official letter, that it be carried out again.
2.3.5.2 Term for supplying information by third parties
Once the publication has been made in the newspaper with wide national circulation, any person may
provide information to the Superintendency of Industry and Commerce within (10) ten days
following, in order to provide elements of judgment for the analysis of the projected operation.
2.4

Preliminary study and decision

During the 30-day term referred to in numeral 3 of article 10 of Law 1340 of
2009, the Entity will determine through an administrative act the appropriateness of continuing with the
authorization procedure or, if it has sufficient elements to affirm that there are no
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substantial risks to competition that may arise from the operation, given it by
finished and give way to this.
In any case, the Entity will not issue the aforementioned administrative act until the
publication and the term foreseen for the initial intervention of third parties has run.
2.5

In-depth study of the application

2.5.1

Communication to other authorities

The decision of the Superintendency of Industry and Commerce to continue with the process of
authorization of business integrations will be communicated to the regulatory entities, surveillance
and / or competent control in the sector or sectors affected within the requested integration,
specifying the following:
a) The identification of the regulatory or control and surveillance entity to which the
integration operation.
b) The identification of the companies involved in the integration.
c) The description of the operation presented specifying: (i) the type of operation to be carried out

out, (ii) the list of affected products and / or services of each of the companies
intervening parties.
d) The determination of the products or services affected with the operation that is projected
perform.
e) Express indication of the term of ten (10) days that the regulatory authorities or
of surveillance and control to gather the respective technical concept.
2.5.2

Actions of the authorities

Within ten (10) days following receipt of the communication referred to in the numeral
above, the authorities may issue a technical concept in relation to the matter on which they are
requires them. However, these authorities have the possibility to intervene ex officio or at the request
of the competition authority, at any time during the performance.
2.5.3

Communication to the participating companies

The decision of the Superintendency of Industry and Commerce to continue with the process of
authorization of business integrations will be communicated to the parties involved.
Within fifteen (15) days following said communication, the participating companies:
a) They must provide all the information requested in the Merits Study Guide
contained in Annex No. 1 of this Resolution.
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b) They may propose to the competition authority actions or behaviors with which
the possible anticompetitive effects that could be produced with the
integration.
c) They may dispute the information provided by third parties, in reasoned writing, which may
include the request for a decree and the taking of the tests that are considered necessary for such
effect.
The foregoing without prejudice to the specific supplementation and clarification requirements that
may be carried out by the Superintendency of Industry and Commerce.
2.6

Final decision

The Superintendency of Industry and Commerce by means of a reasoned resolution will pronounce in
relationship with the projected integration operation, in accordance with the provisions of articles
11 to 12 of Law 1340 of 2009, in any of the following senses:
a) Authorize integration without conditions.
b) Authorize the integration with conditions.
c) Object to the integration.
2.7

Positive administrative silence

The term established in numeral 5 of article 10 of Law 1340 of 2009 will only begin to run
since the interested parties have provided all the information required by the
Superintendency of Industry and Commerce.
2.8

Withdrawal of the request

At any time during the process, the intervening parties may withdraw their request. Likewise,
the application shall be deemed to have been withdrawn when two (2) months have elapsed from a request made
by the Superintendency of Industry and Commerce, there has been inactivity of the same.

3 PROCESS OF NOTIFICATION OF BUSINESS INTEGRATIONS
3.1

Operations subject to this procedure

They will be obliged to notify the Superintendency of Industry and Commerce, in advance, the
participants who are engaged in the same economic activity or participate in the same chain of
value and intend to carry out business operations of merger, consolidation, acquisition of control
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or whatever its legal form, as long as they meet any of the assumptions of the factor
objective, provided for in section 2.1.2, but that together have less than twenty percent
percent (20%) of the relevant market.
3.2

Notification document

The notification duty referred to in the previous paragraph will be fulfilled by presenting a document
containing the following information:
a) Participants in the operation;
b) Type of operation (merger, consolidation, acquisition or whatever the legal form);
c) Definition of the relevant market (product market and relevant geographic market);
d) Competitors in the relevant market;
e) Percentage share within the same market. Participation fee of
competitors and intervening parties.
In case of having a proxy, present the powers of attorney and certificates of existence and representation
legal of the intervening companies.
3.3

Acknowledgment of receipt

The Superintendency will acknowledge receipt of the notification, reserving the power to verify the
assumptions described in the document referred to in numeral 3.1 of this resolution.

4 OPERATIONS EXEMPT FROM PRIOR CONTROL OF INTEGRATIONS
BUSINESS
In accordance with the provisions of article 9 of Law 1340 of 2009, they are exempt
of the duty of information and prior notification to the Superintendency of Industry and Commerce:
a) The business operations that are planned to be carried out that are not contained in
none of the assumptions established in paragraphs 2.1.1 and 2.1.2 hereof
Resolution.
b) Integration operations in which the intervening parties prove that they are in
situation of the Business Group in the terms of article 28 of Law 222 of 1995,
whatever the legal form they adopt; as well as those companies that are
under the same direction or control in the terms of numeral 4 of article 45 of the
Decree 2153 of 1992.

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3

BUSINESS INTEGRATIONS GUIDE

By means of this Guide, the instructions to be followed by the companies that
intend to merge, consolidate, acquire control or integrate whatever the legal form
of the projected operation and that are within the assumptions indicated in article 9
of Law 1340 of 2009.
The instructions in this guide include the information that must accompany the application.
of pre-evaluation referred to in numeral 2.2 of the Resolution of which this Annex is part,
in accordance with numeral 1 of article 10 of Law 1340 of 2009, which will be called in
ahead PRE-ASSESSMENT GUIDE.
Likewise, this Guide includes the information that must be provided once it is communicated,
by the Superintendency of Industry and Commerce, the decision that determines the
origin of continuing with the authorization procedure, in accordance with section 2.5.3
of the Resolution of which this Annex is part, in accordance with numerals 3 and 4 of the
Article 10 of Law 1340 of 2009, hereinafter referred to as GUIDE FOR THE STUDY OF
BACKGROUND.
I. PRE-ASSESSMENT GUIDE
In development of the provisions of article 9 and paragraph 1 of article 10 of Law 1340 of 2009, the
Pre-evaluation requests submitted by the participating companies must attach the
information that is indicated below:
1. Of the projected operation
1.1 Indicate the legal form that the integration operation will take, describing it and
indicating the companies involved.
1.2 Precision of the times in which the integration steps will take place.

2. Of the requesting participating companies
Each of the companies involved in the operation, applicants for the pre-evaluation, must:
2.1 Identify and describe in detail the economic activities carried out, without being limited to the
corporate purpose consigned in public records.

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2.2 Provide a certificate of existence and legal representation, issued in advance no later than
thirty (30) days.
2.3 Provide certified or audited Balance Sheet and Income Statement in the case of
companies that have a fiscal auditor for the immediately preceding fiscal year, prepared from
in accordance with the provisions of the law.
2.4 Attach a list of partners or shareholders with participation in the capital stock greater than five
percent (5%).
2.5 Establish a relationship of permanent investments of the participating companies and their partners
(with participation greater than 5%) that represent participation greater than ten percent
(10%) in the capital stock in other companies and their activities, indicating the activity of those
companies and the respective percentage of participation.
2.6 Provide a list of legal entities belonging to the same Business Group
in the terms of article 28 of Law 222 of 1995, as well as those that exercise control
in the terms of numeral 4 of article 45 of decree 2153 of 1992. For this purpose, you must
attach structure or organization chart, indicating reason and corporate purpose of each of the
companies that are part of the organization, participation percentages and, in case of
apply, economic activities developed in the national territory.
2.7 Establish a relationship of permanent investments of the companies in which the intervening parties
exercise control, in accordance with the provisions of article 45, numeral 4, of Decree 2153
1992, indicating the activity of these companies and the respective percentage of participation.
3. From the product market
3.1 List in detail the products offered 4 .
3.2 Bring together the list of products offered in a matching manner 5 and those that form
part of the same value chain 6 (hereinafter affected products) by companies
intervening parties. For each affected product, note the following:
a) Description.
b) Available presentations or service modalities.

In accordance with article 45 of Decree 2153 of 1992, a product is understood to be "any good or service"
5 In the case of a horizontal integration operation
6 In the case of a vertical integration operation
4

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c) Trademarks.
d) Prices for sale to the public.
e) Main uses and applications.
f) Target population, describing its characteristics
g) List of products that can replace the product affected by having use,
similar features, applications and prices, succinctly explaining for each
one of the reasons why it meets this condition.
h) Description of the product manufacturing process and / or service provision.
i)

Relation of sales (in Colombian pesos and volume, indicating the unit of
measure) in the country during the last fiscal year prior to the filing of the
operation.

4. From the geographic market
4.1 Delimit the geographic market that corresponds to each product, explaining and justifying the
criteria taken into account.
4.2 For each of the production plants or warehouses supplying the products
affected in the national territory, belonging to the intervening companies, indicate:
a) Location in the national territory;
b) Area of ​influence. In the case of services, indicate the geographical location of the
care offices and their coverage by department.
c) Indicate the estimated market share of the participating companies.
5. Of the competitors
For each of the competing companies with respect to the affected products, in case of
know, indicate:
5.1 Complete company name and contact details.
5.2 List of products offered and the brands that identify them.

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5.3 Prices to the public of the affected products.
6.

Of the entry conditions

6.1 Indicate the minimum investment (in Colombian pesos) and the necessary time (in number of days)
that would require a new competitor to participate in the national territory, with a volume
similar of affected products to the one owned by the participating companies.
6.2 Indicate the legal limitations that must be taken into account to enter the market
of affected products in which the participating companies participate.
6.3 List of patents in Colombia of the affected products.
6.4 Total production capacity per year (in volume indicating the unit of measure) for each
one of the affected products, during the fiscal year immediately prior to presentation
of the operation.
6.5 Production per year (in volume indicating the unit of measurement) of each of the products
affected on the date the operation is presented.
7.

From clients

If there are different customer segments, provide a detailed description of each one
from them.
8.

Of raw materials and inputs

For each of the raw materials and inputs used by the participating company in the
manufacturing process of the affected products, indicate:
8.1 List of raw materials and inputs used, indicating the percentage weight that
they represent within the total cost of manufacturing the product.
8.2 List of companies supplying raw materials and inputs of which
They supply the participating companies, indicating the necessary data for their contact.
8.3 Relate the value and volume of its total imports made into the national territory of
the most important raw materials within the production process for the fiscal year prior to
the presentation of the operation. The tariff sub-heading and the CIF price must be indicated.

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9. Of the distributors and marketers
9.1 Indicate the distribution and marketing channels used for the affected products,
indicating the commercial conditions, pricing policies and minimum requirements
necessary for the distribution and commercialization of the same.
9.2 Indicate the percentage of sales of the affected product, discriminating for each channel of
distribution and marketing.
9.3 Create a list of the distribution and marketing companies of the products
affected by the participating companies, noting the following for each one:
a) Company name and data necessary for contact.
b) Geographic area served.
10. On imports and exports
For each of the affected products, indicate:
10.1 Percentage of production that was exported annually during the three (3) fiscal years
prior to the presentation of the operation.
10.2 Imports made during the three (3) fiscal years prior to the filing of the
operation, indicating the country of origin, tariffs, tariff subheading, costs of
transport and importer.
II. BACKGROUND STUDY GUIDE
Once the decision of the Superintendency of Industry and Commerce to continue with the
process of authorization of business integrations the intervening companies applicants
must provide, within the following fifteen (15) days, referred to in paragraph 4 of the
Article 10 of Law 1340 of 2009, in the cases in which it applies, the information that
The following is indicated, without prejudice to the specific requirements that the
Superintendence:
1. From the product market
1.1. Main habits and frequency of consumption of the target population describing their
features.

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1.2. Market studies of the affected product, with which it is available. Copy must be attached
complete study, technical sheet and copy of internal reports made by the area
commercial or similar.
1.3. List of products with which the affected product shares totally or partially the
production line, indicating the shared stage.
1.4. List of monthly sales (in Colombian pesos and volume, indicating the unit of
measure) carried out in each department of the country during the three (3) previous fiscal years
to the presentation of the operation.
1.5. Monthly list of factory, distributor and consumer prices during the three (3)
fiscal years prior to the presentation of the operation. The price relation to
consumer should be discriminated by department.
1.6. Cost structure for the fiscal year prior to the presentation of the operation, explaining the
cost per unit. If there have been changes to it, indicate them and make the modification.
2. From the geographic market
2.1. Area of ​influence or average radius (in kilometers) of coverage, relating the
municipalities and departments served in order of importance. In the case of services,
indicate the geographic location of the care offices and their coverage by department.
2.2. Production per year (in volume indicating the unit of measure) of each of the products
affected, during the three (3) fiscal years prior to the presentation of the operation.
2.3. Indicate the percentage weight that represents the cost of transportation over the factory price of
each product affected from the production plant to the different areas of influence
geographic.
2.4. Indicate the market share of each of the companies that produces or sells
affected products and substitute products during the last three (3) years and for
affected product. The methodology used or the sources used for the
estimates and provide the complete statistical information that serves as the basis for the calculation
of market share.
3. About the entry conditions
3.1. Point out the limitations of an economic or any other nature, which must be taken into account
account to enter the market of affected products in which companies participate
intervening parties.
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3.2. List the companies that have entered and left the market for the affected products
with the operation, during the last three (3) years.
3.3. Relate the companies that are in other markets and that have the
capacity, in the short or medium term, to adapt its production facilities in a
that can initiate activities, in the national territory, in the markets of the products
affected. Indicate your business name and general contact information for the company.
3.4. Total production capacity per year (in volume indicating the unit of measure) for each
one of the affected products, during the three (3) fiscal years prior to presentation
of the operation.
3.5. Average size of production plant (in volume indicating the unit of measure) for
each affected product.
4. From customers
4.1 If there are different customer segments, a detailed description must be provided
from each of them.
4.2 If there are different customer segments, the percentage of the
sales corresponding to each segment.
4.3 Establish a list of the ten (10) main customers of each product affected by
customer segment, indicating contact details and the amount of product purchased by each
for the immediately preceding year.
5.

Of raw materials and inputs

For each of the raw materials and inputs used by the participating company in the
manufacturing process of the affected products, list their total imports made
to the national territory of the most important raw materials within the production process for the
fiscal year prior to the presentation of the operation. You must indicate the tariff sub-heading, the
CIF price, tariff, transport and insurance conditions, under which raw materials
imported enter the country.
Notwithstanding the information indicated in this Guide, the Superintendency of Industry and Commerce
may carry out the additional requirements it deems necessary in response to the
special characteristics of the specific case under study.

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4

CHAPTER THREE. UNFAIR COMPETITION

*

The procedure applicable to jurisdictional investigations on unfair competition will be the
indicated for the abbreviated process in Chapter I, Title XXII, Third Book of the Code of
Civil Procedure.

5

CHAPTER FOUR. GENERAL RULES **

4.1 Reservation in investigations into restrictive business practices and
unfair competition
In accordance with the position indicated by the Contentious Administrative Court of Cundinamarca
in the judgments of April 6, 1999 (File 99-01-78) and of April 14, 1999 (File
99-02-40), the files corresponding to the investigations carried out by the Superintendency
of Industry and Commerce in matters of restrictive commercial practices should be managed
in accordance with the provisions of Articles 12 and 21 of Law 57 of 1985. Therefore, only
refuse to consult the tests, pieces and documents that are part of them when,
in accordance with the Constitution or the law, are reserved, the reservation not being applicable
general that was foreseen in article 13 of Law 155 of 1959.

*

Resolution 22195 of August 25, 2006. Published in Official Gazette No. 46,374 of August 28, 2006.
** External Circular No. 005 of May 5, 2003. Published in Official Gazette No. 45,179 of May 6, 2003.
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P.

TITLE VIII

CHAMBERS OF COMMERCE ............................................... .................................................. . 1

CHAPTER ONE PUBLIC RECORDS IN CHARGE OF CHAMBERS OF COMMERCE .......... 1
1.1
1.1.1.
1.1.2.
1.1.2.1
1.1.2.2
1.1.3.
1.1.4.
1.1.5.
1.1.6.
1.1.7.
1.1.7.1
1.1.8.
1.2
1.2.1.
1.2.2.
1.2.2.1
1.2.2.2
1.2.2.3
1.2.2.4
1.2.2.5
1.2.3.
1.2.4.
1.2.5.
1.2.5.1
1.2.5.2
1.2.5.3
1.2.6
1.2.7
1.2.8
1.2.9
1.2.10
1.3
1.3.1.
1.3.2.

Commercial register ................................................ .................................................. .................... 1
Necessary books of the commercial register ............................................. ........................................ 1
Procedure for keeping the commercial register * ........................................... ............................. 8
Regarding trade books * ........................................... ............................................. 10
Single Business Registry Form and its annexes ** ........................................ ............ 10
Publication of the commercial notice ............................................. .............................................. eleven
Some aspects related to commercial registration and its renewal .................................... 13
Some aspects related to the registration of embargoes * ......................................... ............ 14
Enrollment through data messages ............................................. .................................... 14
Some aspects related to other registrations ............................................ ......................... 14
On the registration of the change of address of the merchant. ................................................ 14
Instructions for the liquidation of the registration rights of acts and subject documents
to record * ............................................... .................................................. ............................... fifteen
Unique registry of proponents .............................................. .................................................. 17
Bidder Registration Books ............................................. ............................................. 17
Procedure to keep the Unique Registry of Proponents .......................................... ........ 17
General instructions ................................................ .................................................. ......... 17
Validity of the documents. .................................................. ................................................. twenty
Approximation and rounding of figures ............................................. ............................................. twenty
Liquidity score for suppliers financial capacity ............................................ ............... twenty
Technical capacity ................................................ .................................................. .................. twenty
Rates ................................................. .................................................. ............................. twenty-one
Appeals and Challenges ............................................... .................................................. ..... twenty-one
Information report from state entities on contracts, fines, penalties,
bids and tenders of proposers ............................................. ..................................... twenty-one
Technical specifications for reporting information on contracts, fines and Sanctions
of the proponents ............................................... .................................................. .................. twenty-one
Technical specifications for reporting information on tenders ........................... 43
Publication of the newsletter on tenders ............................................. .................................... fifty
Effects of non-registration in the registry of bidders registered prior to 1
April 2009. ............................................. .................................................. ....................... 51
Effects of the non-renewal of the registration in the registry. .................................................. . 51
Certifications................................................. .................................................. ....................... 51
Hours and place of attention to the public ........................................... ........................................... 51
International Parity Factor .............................................. ................................................. 52
Register of non-profit entities ........................................... ..................................... 53
Books for the registry of non-profit entities ........................................ ................... 53
Registration procedure ............................................... .................................................. .. 53
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1.3.3.
1.3.4.

Proof of existence and legal representation ............................................ ................................ 54
Control of legality in the registration of the constitution of non-profit entities
what this circular is about [that is, referred to in article 40 of the Decree
2150 of 1995, taking into account the exclusions provided by law. Circular 004 of 3
September 2007]. .................................................. .................................................. ........... 54
On the control of legality in the registration of the appointment of administrators,
legal representatives and tax auditors [of the non-profit entities to which it makes
reference article 40 of Decree 2150 of 1995 taking into account the exclusions
provided by law]. .................................................. .................................................. .............. 55
Of the control of legality in the registration of statutory reforms [of entities without intention
of profit referred to in article 40 of Decree 2150 of 1995, taking into account
the exclusions provided by law] *. .................................................. ...................................... 56
Control of legality in the registration of the constitution of non-profit entities
indicated in article 143 of Decree 2150 of 1995. ....................................... .................. 56
Of the control of legality in the registration of the appointment of the
administrators, legal representatives and tax auditors of the entities without the intention of
profit indicated in article 143 of Decree 2150 of 1995. ...................................... .......... 57
On the control of legality in the registration of statutory reforms of non-profit entities
of profit indicated in article 143 of Decree 2150 of 1995 ** .................................... ...... 57
[Registration and certification of associated work cooperatives and pre-cooperatives] .......... 58
[Registration and certification of associated work cooperatives and pre-cooperatives] .......... 58
[Registration and certification of associated work cooperatives and pre-cooperatives] .......... 58
Aspects common to public records ............................................ ................................. 59
Abstention from registration by the chambers of commerce ........................................ ........ 59
Opening of log books ............................................. .................................................. .... 59
Use of magnetic media .............................................. .............................................. 59
Processing of the chambers of commerce for the transfer and delivery of registration documents .. 60
Deposit of financial statements .............................................. ................................................ 62
List of experts ............................................... .................................................. ........................ 62
Access to information in the registers ........................................... ....................................... 62
Registration fees and their advertising ........................................... ......................................... 62
Implementation of the single business registry ............................................. .......................... 63
Implementation of the Unique System of Mercantile Registry and Proponents .......................... 63
Adjustments to the commercial register .............................................. .......................................... 63
Functional requirements ................................................ .................................................. ... 64
Service requirements ............................................... .................................................. ..... 64
Verification functions ............................................... .................................................. ........ 65
Security requirements............................................... .................................................. .66
Service projection ............................................... .................................................. ............ 67
Conversion requirements ............................................... .................................................. 67
Project execution * .............................................. .................................................. .......... 67
Schedule ................................................. .................................................. .......................... 67
Interaction with the Superintendency of Industry and Commerce .......................................... ....... 70
Periodic reports ................................................ .................................................. ............... 70
Sporadic reports ** .............................................. .................................................. ......... 70

1.3.5.

1.3.6.

1.3.7.
1.3.8.

1.3.9.
1.3.10.
1.3.11.
1.3.12.
1.4
1.4.1.
1.4.2.
1.4.3.
1.4.4.
1.4.5.
1.4.6.
1.4.7.
1.4.8.
1.5
1.5.1.
1.5.2.
1.5.3.
1.5.3.1
1.5.3.2
1.5.3.3
1.5.3.4
1.5.3.5
1.6
1.6.1.
1.6.2.
1.6.2.1
1.6.2.2

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1.7
1.7.1.
1.8

Operation of the Single Business Registry ............................................. ................................. 71
Multiple registrations ................................................ .................................................. ........... 71
Provision of information from the Single Business Registry, RUE, for the Single Window of
Foreign trade. .................................................. .................................................. ............... 71
Provision of information from the Single Business Registry, RUE, for the processing of the
issuance of construction licenses ............................................. ..................................... 72
Administrative action ** .............................................. .................................................. ....... 72
Registration in public registers ............................................. ........................................... 72
Government resources *** .......................................... ................................................. 73
Opportunity to file appeals ............................................ ............................. 73
Complaint appeal ............................................... .................................................. ................... 73
Advertising of the resource. .................................................. .................................................. ......... 73
Notification of the appeal decision ............................................ ......................................... 73
Creation of the appeal file ............................................. .................................... 73
Chamber of Commerce Evaluation System (SEC) ....................................... ........... 75
Definition of the evaluation groups ............................................ ........................................ 75
Registration Public Service Group ............................................ ........................................... 75
Group of attention to the public ............................................. .................................................. .... 76
Financial, administrative and accounting group ............................................ ................................. 79
Evaluation of the chambers of commerce. .................................................. ............................... 85
Periodic information. .................................................. .................................................. .......... 85
Eventual information ................................................ .................................................. .............. 87
Periodicity ................................................. .................................................. .......................... 88
Control actions by the Superintendency. .................................................. .......... 88
Formats ................................................. .................................................. .............................. 88
Approval of reforms to the internal regulations ............................................ ............................ 88
General authorization regime .............................................. .............................................. 88
Special approval regime .............................................. ............................................... 89
Creation of sectional offices of the chambers of commerce ......................................... ...... 89
Membership fees charged by chambers of commerce ................................. 90
Budget of the chambers of commerce ............................................ ................................... 90
Contribution of the chambers of commerce destined for the Superintendency of Industry and
Commerce ................................................. .................................................. ............................... 90
Authentication of certificates issued by the chambers of commerce ...................................... 91
Procedure for electing the tax auditors of the chambers of commerce * ................. 92
Aspects related to the election of Directors of the Boards of Directors of the Chambers
trade................................................ .................................................. ........................... 93
Aspects related to the directors appointed by the National Government in the
Boards of Directors of Chambers of Commerce ........................................... .............................. 95

1.9
1.10
1.10.1
1.11
1.11.1
1.11.2
1.11.3
1.11.4
1.11.5
2.1.
2.1.1.
2.1.1.1
2.1.1.2
2.1.1.3
2.1.2.
2.1.2.1
2.1.2.2
2.1.3.
2.1.4.
2.1.5.
2.2
2.2.1.
2.2.2.
2.3
2.4
2.5
2.6
2.7
2.8
2.9

2.10

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TITLE VIII CHAMBERS OF COMMERCE

CHAPTER ONE PUBLIC RECORDS IN CHARGE OF CHAMBERS OF COMMERCE
1.1 Commercial register
1.1.1. Necessary books of the commercial register
Book I . Of the matrimonial agreements and liquidations of conjugal societies. I know
will write in this book:
- The public deed or the private document through which they are executed, modified or revoked
marriage agreements, when the husband and wife or one of them is a merchant; Y
- The judicial order or the public deed by which the conjugal partnership is liquidated or
formalize the sentence that approves the liquidation of the same, provided that the husband and the
woman or one of them is a merchant.
Book II . Of the disabilities and inabilities. They will enroll in this book:
- The order by which the inability or incapacity to exercise the power is declared or decreed
Commerce;
- The order by which the disability or incapacity is suspended, revoked or terminated;
- The act or diligence of possession or certificate issued by the official before whom the
diligence of the merchant who takes possession of a position that disables him to exercise the
Commerce; Y
- The document that certifies the cessation of the inability to engage in business.
- The ruling that establishes the sanction of inability to exercise trade by
natural traders (article 83 of Law 1116 of 2006) * .
Book III . Concordat and mandatory liquidation. They will enroll in this book:
- The order to open the concordat;
- The order of approval of the concordant agreement with the pertinent part of the act that
contains the concordant agreement;
- The relevant part of the record when the concordant agreement is intended to transfer,
modify, limit the domain or other real right over the goods whose mutation is subject to the
registration, constitute liens or cancel them;
- The order that declares the concordant agreement fulfilled;

*

Aside added by External Circular No. 005 of September 10, 2007. Published in the Official Gazette No. 46749
September 12, 2007.
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- The order to open the compulsory liquidation process, as well as the order
containing the appointment or removal of the liquidator;
- The order by which the mandatory liquidation is declared terminated;
- The order that removes the administrators and / or the fiscal auditor within the concordat or the
mandatory settlement.
Book IV . Authorizations to minors and revocations. Will be inscribed in this book:
The authorization that according to the law, is granted to minors to engage in commerce, and the
revocation of the same.
Book V. On the administration of the merchant's assets . Will be inscribed in this book:
Any act by virtue of which the partial or general administration of
the goods or businesses of the merchant.
Book VI . Of the commercial establishments. They will enroll in this book:
- The opening and closing of branches and agencies of companies and cooperative entities of degree
superior of a financial nature;
- The acts that affect or modify the property of the commercial establishments or their
administration;
- The opposition of the creditors of the transferor of the business establishment to accept the
acquirer as your debtor;
- The act by virtue of which the necessary documents are proto-requested so that a company
foreign can undertake business in Colombia and its modifications;
- The act of designation or removal of the representatives and tax auditors of a branch of
foreign company in the country;
- The resolution by which the operating permit is granted, suspended or revoked to
a foreign company to operate in Colombia;
- The liquidation of the business in Colombia of the branches of foreign companies;
- The order by means of which the liquidation of a branch of a company is approved
foreign;
- The articles of incorporation and the reforms of the companies that establish branches, when the
domicile of the company corresponds to another jurisdiction;
- The order of opening, approval and termination of the concordat in the chambers of commerce with
jurisdiction in the place of location of branches, agencies and commercial establishments;

- The document by means of which the configuration and modification of a
situation of control or business group, in the chambers of commerce with jurisdiction in the
location of the affiliated branches; Y
- The administrative act by means of which the existence of the control or group situation is declared
business, in the chambers of commerce with jurisdiction in the location of the branches
linked.
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- The pertinent part of the reorganization or award agreement, issued in accordance with
provided for in the Insolvency Regime referred to in Law 1116 of 2006, when said agreement
contains the transfer, modification or limitation of the domain or other real right over a
commercial establishment of their property (articles 36 subsection 3 and 44 of Law 1116 of
2006) ** .
- The adjudication order issued within the judicial liquidation process when
contains the adjudication of commercial establishments (article 58 of Law 1116 of 2006).
- The sentence that decrees the revocation or simulation of acts or contracts related to
commercial establishments, defendants within the insolvency process, and the registration
of the debtor as the new owner of the corresponding rights, (Article 75 of Law 1116
2006 ) *
- The relevant part of the reorganization agreement, issued in accordance with the provisions of the
Insolvency Regime, when said agreement contains the constitution, modification or
cancellation of guarantees or the suspension or conservation of their enforceability derived from it,
on commercial establishments (article 43 numeral 5 of Law 1116 of 2006) ** .
- The act of reactivation of the business in Colombia of the branches of companies
*
foreign.
Book VII . From the books. Will enroll in this book: **
The books of commerce and other acts for which the law establishes the formality of the registry.
The address of the website and Internet sites, with respect to natural persons, in accordance with the
provided in article 91 of law 633 of 2000, for which effect it will be sufficient that the interested party, his
representative or attorney-in-fact report in writing to the respective chamber of commerce the referred
direction.
Book VIII. Of the precautionary measures and civil lawsuits . They will enroll in this book:
- The offices and orders that communicate liens and civil lawsuits related to
rights whose mutation is subject to commercial registration, as well as their cancellation;
Y
- Lawsuits or other precautionary measures within the mandatory liquidation process as well as
the cancellation of it.

Added by External Circular No. 005 of September 10, 2007. Published in the Official Gazette No. 46749 of
September 12, 2007
*
Added by External Circular No. 007 of March 11, 2011. Published in the Official Gazette No. 48.011 of March 14,
March 2011.
** External Circular No. 015 of December 3, 2001. Published in the Official Gazette No. 44,639 of December 7, 2001.
*

P. 3
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The address of the website and internet sites, with respect to natural persons, in accordance with
provided in article 91 of law 633 of 2000, for which effect it will be sufficient that the interested party, his
representative or attorney-in-fact report in writing to the respective chamber of commerce the referred
direction.
- The pertinent part of the order to initiate the reorganization process in which the
order precautionary measures with respect to the debtor's assets subject to commercial registration (article
19 numeral 7 of Law 1116 of 2006) * .
- The pertinent part of the order confirming the reorganization agreement or
award ordering the lifting of the precautionary measures in force with respect to
of the debtor's assets subject to commercial registration (Article 36 of Law 1116 of 2006) *.
- The order to initiate the judicial liquidation process in which measures are provided
precautionary measures on debtor's assets subject to commercial registration (article 48 numerals 3 and 54 of
Law 1116 of 2006 ) *.
Book IX. Of commercial companies and financial institutions. They will enroll in this book: **
- The deed of incorporation, reform and dissolution of commercial companies and institutions
financial, as well as the provisions relating to these acts;
- The act or agreement stating the appointment, removal or revocation of the administrators or
tax auditors, as well as the orders relating to these acts;
- The public deeds by which the administration is delegated in the collective societies
and in limited partnership, as well as those by virtue of which the administration is resumed;
- The resolution by which the permit is granted, extended, suspended or revoked.
operation of a financial institution, as well as the one that approves its liquidation;
- The approval of the liquidation of commercial companies;
- The certification of the statutory auditor on subscribed and paid capital;
- The resolution by which the issuance of bonds is authorized;
- The appointment of the legal representative of the bondholders, with a copy of the administrative act
in which it is established that the entity was appointed as the representative of the holders;

- The appointment of the representative of the shareholders with preferential dividend without the right to
vote;
- The deed of division of a company or financial institution;
- The agreement to acquire a financial entity;
- The communication of the legal representative of the company or of the partner who exercises the right of withdrawal;

*

Added by External Circular No. 005 of September 10, 2007. Published in the Official Gazette No. 46749 of
September 12, 2007.

**

External Circular No. 015 of December 3, 2001. Published in the Official Gazette No. 44,639 of December 7, 2001.
P. 4
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- The communication of the legal representative of the company or of the partner who exercised the withdrawal
informing that it reacquires its rights by virtue of the revocation of the decision that originated it;
- The administrative act by which the inadmissibility of the right of withdrawal is determined;
- The document by means of which the controlling company records the configuration and
modification of the control situation with respect to its related parties;
- The document by which the configuration and modification of groups is recorded
business;
- The administrative act by means of which the existence of the situation of control or of
business group;
- The foundation program and the promotional information leaflet for the shares being offered,
in the cases of incorporation of joint-stock companies;
- Copy of the public deed of conversion from company to sole proprietorship;
- Copy of the public deed of conversion from sole proprietorship to partnership;
- The document of public deed of incorporation of the sole proprietorship;
- The document of reform, dissolution and liquidation of the sole proprietorship;
- The document by which the owner of the sole proprietorship fully or partially assigns the
membership fees; Y
- The document by which the administration of the sole proprietorship is delegated, as well as the
reform and revocation of the delegation.
- The address of the website and Internet sites, in accordance with the provisions of article 91 of the
Law 633 of 2000, for which effect it will be sufficient that the interested party, his representative or attorney
report in writing to the respective chamber of commerce the aforementioned address.
- The pertinent part of the reorganization or award agreement, issued in accordance with
provided for in the Insolvency Regime referred to in Law 1116 of 2006, when said agreement
contains the transfer, modification or limitation of the domain or other real right over quotas
or parties of interest owned by the debtor (articles 36 subsection 3 and 44, of Law 1116
2006) * .
- The pertinent part of the minutes corresponding to the public hearing in which the draw is held
of designation of the promoter within a reorganization process, when it assumes the
legal representation of the debtor (article 38 numeral 2 of Law 1116 of 2006 ) * .
- The pertinent part of the agreement that contains the decision to merge or split companies
subject to the Insolvency Regime, (article 44 last paragraph of Law 1116 of 2006) * .
- The pertinent part of the reorganization agreement that contains clauses that amend the
statutes of the legal person debtor (article 44 last paragraph of Law 1116 of 2006) * .
- The award of quotas or parts of interest issued within the process of
judicial liquidation (article 58 of Law 1116 of 2006) * .
- The sentence that decrees the revocation or simulation of the assignment of quotas or parts of
interest claimed within the insolvency process, and the registration of the debtor as a new
holder of the rights that correspond to him, (article 75 of Law 1116 of 2006) * .

*

Added by External Circular No. 005 of September 10, 2007. Published in the Official Gazette No. 46749 of
September 12, 2007.
P. 5
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- The minutes containing the determination to reactivate the company.

*

Book X. On the reservation of title. They will enroll in this book:
The domain reservation agreement, its modification and the cancellation in the commercial sale of
movable property.
Book XI. Of the garment without possession. They will enroll in this book:
- - The constitution, modification or cancellation of the pledge contract without holding.
- The relevant part of the reorganization agreement, issued in accordance with the provisions of the
Insolvency Regime, when said agreement contains the constitution, modification or
cancellation of garments without possession or the suspension or conservation of their enforceability derived
of the same (article 43 numeral 5 of Law 1116 of 2006) * .
Book XII. From the commercial agency. Will be inscribed in this book:
The commercial agency contract, its modification or cancellation.
Book XIII. Of civil societies . They will enroll in this book:
- The constitution, reform, dissolution and liquidation of civil companies, as well as the
rulings regarding these acts;
- The minutes or agreement stating the appointment, removal or revocation of the administrators or
tax auditors, as well as the orders relating to these acts;
- The certification of the statutory auditor on the subscribed and paid capital increases; Y
- The other acts that in accordance with paragraph 2 of Article 100 of Law 222 of 1995
they must be registered with respect to civil companies.
Book XIV. Of the associative work companies. They will enroll in this book:
- The articles of incorporation accompanied by the statutes, reforms, dissolutions and liquidation of
the associative work companies, as well as the provisions referring to these acts;
- The minutes stating the appointment or removal of the executive director; Y
- The communication emanating from the Ministry of Labor and Social Security through which
request the cancellation of legal status.

*

Added by External Circular No. 007 of March 11, 2011. Published in the Official Gazette No. 48.011 of March 14,
March 2011.
* Aside added by External Circular No. 005 of September 10, 2007. Published in the Official Gazette No. 46749
September 12, 2007.
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Book XV. Of those enrolled. They will enroll in this book:
- Registration and changes related to commercial activity; Y
- Cancellation of registration.
Book XVI. Of the commercial companies in fact. They will enroll in this book:
Copy of the judicial decisions related to the dissolution and liquidation of companies of
done.
Book XVII. From retirement and disability pension funds. They will enroll in this book:
The public deed by which the retirement and disability pension funds are constituted and
other acts that the legal norms order to register in relation to said funds.
Book XVIII. Of the restructuring agreements. They will enroll in this book: *
- The notice that informs about the promotion of the restructuring agreement.
- The notice that informs the call to the meeting to determine votes and credits.
- The call for a meeting to reform the restructuring agreement.
- The news of the conclusion of the agreement.
-

The relevant part of the restructuring agreement that establishes the obligation in charge of the
entrepreneur to submit to the authorization of the oversight committee the sale of the assets of the
business.

- The proof of termination of the agreement.
- The capital increase from the capitalization of liabilities.
Book XIX. Of the jurisdictional rulings and of the acts and documents issued in
development of judicial reorganization, adjudication and liquidation processes **
They will be inscribed in this Book:
- The order that decrees the start of the reorganization process, as well as the notice that
reports its issuance (article 19 numerals 2 and 7 and articles 20 and 48 of Law 1116 of 2006).
- The order in which the conclusion of the award agreement is ordered and the date is set
of extinction of the legal entity of the debtor (article 35 final paragraph of Law 1116 of 2006).
- The reorganization or award agreement (article 39, paragraph 1 of Law 1116 of 2006).
* External Circular No. 015 of December 3, 2001. Published in the Official Gazette No. 44,639 of December 7, 2001.
** External Circular No. 005 of September 10, 2007. Published in the Official Gazette No. 46749 of September 12,
2007. (adds books XIX and XX)
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- The order that decrees the termination of the reorganization agreement (article 45 par. Of the
Law 1116 of 2006)
- The informative notice on the issuance of the ruling that starts the liquidation process
judicial (article 48 numeral 7 of Law 1116 of 2006).
- The ruling that provides for the file of the file once the process of
judicial liquidation (article 63 of Law 1116 of 2006).
Book XX. Of the commercial trust contracts
They will be inscribed in this Book:
- The commercial trust contracts that are recorded in a private document, (Article 123 of the Law
1116 of 2006).
Book XXI. Of the legal representation of the branches of the Banco de la República

*

They will be inscribed in this Book:
-

The act or agreement stating the appointment, removal or revocation of the representative
legal.

-

The act that affects or modifies the legal representation and its powers.

1.1.2. Procedure for keeping the commercial register *
First subsection (repealed)

**

The models of the registration forms will be uniform in all the chambers of commerce and
They must be previously authorized by the Superintendency of Industry and Commerce.
When the documents for registration are presented, the chambers will file them with
time and date of receipt
The registration of acts and documents will be carried out in strict chronological order, in accordance with
the filing of the same, by means of an extract from their text in the respective books.
*

External Circular N or 005 of 29 September 2009. Published in the Official Journal 47488 September 30
2009.
* * External Circular No. 05 of March 11, 2002. Published in the Official Gazette No. 44,739 of March 14, 2002.
*
External Circular No. 007 of August 19, 2005. Published in the Official Gazette No. 46,009 of August 23, 2005.
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If in the same document there are several acts subject to registration and the registration does not proceed
with respect to all, the chambers of commerce must register those with respect to
which registration is feasible. In the respective book and in the corresponding certifications,
will record it.
For the purposes of the provisions of articles 53 of decree 633 of 1993, 75 second paragraph of the
external circular number 8 of May 5, 2000 of the Board of Directors of Banco de la República, and
55 of Law 643 of 2001, the chambers of commerce must proceed to register the
exchange houses, buyers and sellers of foreign exchange, and natural and legal persons that
exercise the activity of sellers of games of luck and chance, respectively, in the form and for
the effects provided for in the commercial code.
Once the registration is made, the secretary will insert a record in the registered document
which will contain the following data:
• Chamber of Commerce;
• Date of registration; Y
• Registration number and book in which it was made.
When it comes to the election of collegiate bodies, there will be a single registration and the
Acceptances that are not presented at the time of registration, will not be subject to registration
*
later, nor will they cause registration fees
For the registration of the appointment of administrators and tax auditors it will be necessary
inform the respective chamber of commerce the number of the identification document of the
appointed, as well as proof that he accepted the position. These records, by themselves,
They will not be subject to registration or cause registration fees.
The chambers of commerce will only register the copies of the documents, which may
be destroyed as long as its exact reproduction and conservation is guaranteed by any
adequate technical means, in the terms of the legal provisions on the matter.
For the purposes of registering new books, it will be necessary to accredit before the respective chamber of
trade that the existing ones lack few pages to use, or that must be replaced by
causes beyond the control of its owner, by presenting the book itself or the reviewer's certificate
prosecutor or public accountant.

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1.1.2.1 Regarding trade books *
Once the registration of the books submitted to said formality has been made, the secretary of the
camera will insert a record on the first sheet of the registered book that will contain the following
data:
• Chamber of Commerce;

• Date of registration;
• Registration number and book in which it was made;
• Person to whom it belongs;
• Name of the book or use to which it is intended; Y
• Number of useful sheets of which it is composed.
The chambers of commerce must authenticate the useful pages of the books by means of a seal of
security imposed on each of them.
1.1.2.2 Single Business Registry Form and its annexes

+

The Registration Form in the Single Business Registry and its annexes correspond to the Annex
No. 4.9 of this circular, and must be applied in a uniform manner in the cameras of
trade of the country as of June 2, 2011.
1.1.2.2.1 Repealed

·

1.1.2.2.2 Information on the benefits provided in Law 1429 of 2010 - Formalization and
*
Employment generation.
Chambers of commerce have the duty to inform merchants of the benefits that
Law 1429 of 2010 is granted to small businesses. Said duty must be fulfilled by means of
publication of notices that are sufficiently visible in the areas dedicated to the reception of
documents from all its headquarters and on billboards and information brochures as well as through
publication on the website of the respective chamber of commerce and its bulletins. Equal
In this way, the other publicity mechanisms established in paragraph 3 of the
Article 50 of Law 1429 of 2010.

+

External Circular No. 013 of April 26, 2011. Published in the Official Gazette No. 48,053 of April 27, 2011.
External Circular No. 013 of April 26, 2011. Published in the Official Gazette No. 48,053 of April 27, 2011.
*
Added by External Circular No. 007 of March 11, 2011. Published in the Official Gazette No. 48.011 of March 14,
March 2011.
·

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The information must be concrete and clear regarding the benefits granted to both the
small businesses, such as those that are derived for any trader looking to get into
day in the renewal of commercial registration, in the terms of article 50 of Law 1429 of 2010.
If the merchant complies with the budgets enshrined in article 50 of Law 1429 of
2010, the chambers of commerce must settle the renewal values ​in accordance with the provisions of
said rule and, in case of not doing so, they must proceed to the corresponding returns.
Evidence of small business status on merchants' certificates must be
be visible and recorded where the general information of the merchant is related.
1.1.3. Publication of the commercial news
The country's chambers of commerce must publish the commercial notice by means of
newsletters or other written media, including data messages circulating at least once
a month.
The commercial notice must include the list of the commercial registration of the merchants and their
renewal, as well as all registrations and modifications, cancellations or alterations
that is made of them, in accordance with the provisions of the commercial code and other
provisions that add or reform it.
On the other hand, the cameras must dedicate in their monthly bulletin, a section, where they
Mention the registry of people who have planned activities of the exchange houses,
and buyers and sellers of foreign currency, a copy of the same must be sent to the Directorate of
DIAN National Taxes and Customs.
As of this date, the chambers of commerce are relieved of the obligation to send a copy of the
bulletin to the other chambers of commerce and the Superintendencies of Industry and Commerce and
Societies; Such obligation shall be understood to have been fulfilled by sending this Entity a
certification formed by the legal representative, where it is reported on compliance with the
monthly publication of the commercial news, indicating the date of the same. Such certification shall
be sent monthly to this Superintendency.
The chambers of commerce must have the commercial notice for the consultation of the users by
any medium.
The chambers of commerce that publish the commercial news in the form of a data message, do not
printed on paper, they must offer the necessary means to allow the consultation of the news
mercantile in each of its headquarters. Additionally, the chambers of commerce that have a
website, they must publish in it the commercial news of at least the last two years, from the
the moment they start generating it in the form of a non-paper data message.
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Chambers of commerce may associate with each other for the purposes of fulfilling the function of
give the notice of the commercial register, without prejudice to the foregoing.
The cameras must be able to deliver in a timely manner to the entities that thus
require a copy of the commercial notice, in the medium requested.

(BLANK SPACE)

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1.1.4. Some aspects related to commercial registration and its renewal *
1.1.4.1. The cancellation of the commercial registration of the natural person proceeds, even when it appears
as the owner of a registered business establishment, whose registration is not requested to be canceled.
1.1.4.2. The obligation to renew the commercial registration of a natural person ceases with the death of the
businessman. This fact will be accredited before the Chamber of Commerce, with an authentic copy of the
death certificate. The obligation to renew the registration will not be caused from the date of its
death.
1.1.4.3. Information about a person's loss of merchant status
natural and / or on the definitive closure of its commercial establishment, it will be registered in the Chamber of
Commerce, and, if the previous years have been renewed, the registration will be canceled.
1.1.4.4. In the case of legal persons, the obligation to renew the registration annually
Mercantile ceases when the certificate containing the final settlement account is entered in the Registry.
If previous years have been renewed, registration will be canceled.
1.1.4.5. When a merchant requests the cancellation of his commercial registration, he must proceed to
cancel the rights corresponding to the non-renewed years, including the year in which
requests its cancellation, unless it is within the period that the law has granted for
renew, that is, between January 1 and March 31 ".
1.1.4.6 Natural or legal traders and traders are registered in the Mercantile Registry.
commercial establishments. Consequently, civil societies are not obliged to
**
enroll
.
1.1.4.7 The registration of the merchant, natural person, and his business establishment, as well
such as the renewal of the registration of the merchant, natural or legal person, and his
establishment of commerce, they will be understood as carried out from the moment the
form duly completed and signed at the receiving chamber of commerce and the receipt of the
value corresponding to the rate **.
In the case of legal persons, the registration will be understood to have been carried out when the
constitution is registered in the commercial register.
1.1.4.8 The single title page of the registration form does not need to be filled out in the case of
*
*

External Circular No. 003 of May 13, 2005. Published in the Official Gazette No. 45,913 of May 19, 2005.
* External Circular No. 007 of August 19, 2005. Published in the Official Gazette No. 46,009 of August 23, 2005.

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branches or agencies

**

.

1.1.4.9 The commercial registration or its renewal does not require personal presentation of the respective
form**.
1.1.5. Some aspects related to the registration of liens *
1.1.5.1. The business name of legal persons does not constitute an asset whose mutation is subject to
inscription in the Mercantile Registry. In this sense, the registration of the order of his
However, in said registry, which must be reported to the Judge by the Chamber of Commerce
that receives the request.
1.1.5.2. The registration of the seizure of the assets pledged only proceeds when the mutation
of these goods is subject to registration in the Mercantile Registry (commercial establishments,
quotas or parts of interest). In the event that the mutation of the assets pledged is not subject to
registration in the Mercantile Registry, the Chamber will refrain from registering the measure and will inform the
judge of such a situation.
1.1.5.3. The seizure of the commercial establishment does not prevent the inscription in the commercial register
of the information on the change of address, domicile, commercial name and other changes
related to their commercial activity, which do not imply a change in the ownership of the
establishment. The Chamber of Commerce responsible for the registration must inform such
modifications to the competent judge ".
*

1.1.6. Enrollment via data messages

1.1.6.1. It is appropriate to make the request for registration, renewal or application for registration of a
document subject to registration formality, through the electronic exchange of messages of
signed data.
1.1.6.2. In the case of the transmission of data messages of authentic copies of writes
public, the digital signature must correspond to that of the notary who has issued the respective copy
electronic writing ".
1.1.7. Some aspects related to other registrations **
1.1.7.1 About the registration of the change of address of the merchant.

**
*

External Circular No. 007 of August 19, 2005. Published in the Official Gazette No. 46,009 of August 23, 2005.
External Circular No. 003 of May 13, 2005. Published in the Official Gazette No. 45,913 of May 19, 2005.
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1.1.7.1.1. The registration of the change of address does not include the cancellation of the registration of the
merchant and, therefore, their unique national identification number to which the numeral refers
1.5.2. of the First Chapter of Title VIII of the Sole Circular.
1.1.7.1.2. The change of address will not imply control of homonymy; will not cause rights of
cancellation, or registration fees.
1.1.7.1.3. When the change of address is registered, the chamber of commerce of origin must
cancel the local license plate number and the target camera can assign a new license plate number.
local license plate.
1.1.7.2. For the application of the instructions given in numeral 1.1.7.1., Understand by:
Commercial registration. The information that the merchant, natural or legal person, delivers to the
Chamber of Commerce in the form provided for this purpose.
Local registration number. The number that the respective chamber of commerce may assign
internally to the file of each merchant and that, up to the date of this circular,
it was listed as his commercial registration number.
Unique national identification number or national registration number. Which contains like
main part the number of the citizenship card if it is a natural person or the number of
Tax identification NIT or other national identification number generally adopted, if
is a legal person. This number will be understood, from now on, as the registration number
merchant's national.
1.1.8. Instructions for the liquidation of the registration rights of acts and
documents subject to registration *
1.1.8.1. The registration of each act or document submitted to the formality of the commercial register,
cause, in favor of the respective chamber of commerce, the corresponding registration rights.
1.1.8.2. To determine registration rights, it must be analyzed whether the law orders registration
of an act or the registration of a document, to establish, in each case, if one or more
more registration fees.
1.1.8.3. When the law provides for the registration of an act , all acts subject to
record contained in the document presented, generating for each act a right of
inscription. By way of example, when the registration of the appointments of
legal representative, fiscal auditor and board of directors contained in the same minutes, each
act of appointment, generating a right of registration for each one.

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1.1.8.4. When the law establishes the registration of a document, it will be registered without taking into account
the acts contained therein. For example, the law provides for the registration of the public deed of
society Constitution. In this case, said document will be registered, generating a single
right of registration, regardless of whether it contains, in addition to the statutory clauses, the
names of administrators and / or tax auditors, which will also be certified by the
Chamber of Commerce.

(BLANK SPACE)

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1.2 Unique Registry of proponents **
1.2.1. Bidder Registration Books
For purposes of the Unique Registry of Proponents, the Chamber of Commerce will keep Book I
called "Of the Proponents", in which the following will be registered:
The single form by which the natural or legal person makes their registration in the
registration of proponents.
The form through which the proposer renews his registration in the registry of
proponents.
The form containing the update or modification of the data that appears in the registry
of proponents
The form by which the natural or legal person cancels their registration in the registry
of proponents.
The administrative act or judicial order duly executed, by means of which
the classification or qualification of the proposer is modified
The administrative act duly executed, in which the cancellation of the Registry is ordered
Sole Proponent;
The administrative act or judicial order duly executed, by means of which
the inscription contained in the Single Registry of
Proponents.
The administrative act duly executed by which the inability of the
proponent.
The formats in which state entities provide information regarding
contracts awarded, in execution and executed, fines and firm sanctions.
The Cessation of Effects of the Unique Registry of Proponents
1.2.2. Procedure to keep the Unique Registry of Proponents
1.2.2.1 General instructions
The forms and models of certification will be uniform in all Chambers of Commerce.
A copy of the instructions for filling out the form must be provided
free together with it.

*
*

External Circular 002 of April 17, 2009, Published Official Gazette 47326 of April 20, 2009
Annex 4.8 Unique Business Form - Annex 1020-F07 Proponent Registry approved by Resolution
11092 of 2009 published in Official Gazette No. 47286 of March 9, 2009.
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Additionally, the chambers may offer the bidders the completion of the forms
through virtual means and the information required so that they can perform any of the
procedures set forth in the previous paragraph.
Chambers of Commerce through the Colombian Confederation of Chambers of Commerce
Confecamaras, may determine standard models for the certifications that the interested party must
attach to the application for registration before the Unique Registry of Proponents, which will be
disposition of the proponents in the Portal of the Single Business Registry and in the portals of the
Chambers of Commerce.
At the time of submitting the form and supporting documents for registration, the cameras of
Commerce will file them with the indication of the time and date of receipt.
Once the registration is made, the secretary or whoever takes his place will insert a record in the
form that will contain the following data:
Corresponding Chamber of Commerce;
Registration date;
Registration number in the respective book
Summary of the registration and modifications made (in the case of renewal or
update), or cancellation, as the case may be
The Chambers of Commerce will assign each proponent a unique number at the national level, which
It will correspond to the tax identification number, NIT. In the case of change of address the
The proposer will keep this number, the foregoing regardless of whether each Chamber assigns a
internal registration number of the proponents of their jurisdiction
A file will be opened for each proposer in which they will be filed in chronological order, the
form and documents related to your registration, renewal, update or
modification and cancellation. The Chambers of Commerce will keep the supporting documents of
the information provided by the proponents; in those cases in which they are stored
digitally, physical documents can be dispensed with and the camera can destroy them in
any time as long as it guarantees its exact reproduction in accordance with the provisions of the
Article 5 of Agreement 16 of 2002 of the General Archive of the Nation.
When the proposer changes address, the Chamber of Commerce where the file resides,
will deliver to the interested party who so requests a copy authenticated by the secretary or whoever takes his place,
of the supporting documents and the formats containing the information provided by the
State entities, after cancellation of the rights that originate the issuance of copies.

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The Chamber of Commerce will liquidate the rights that may arise for the registration of the
registration, renewal, modification and update form for the proponent and the
corresponding certifications.
Proponents may request their registration with any chamber of commerce, but the
Registration will be carried out by the one where the main domicile of the proponent is established. In this case,
the chambers of commerce shall forward the documentation to the competent chamber in accordance with the
indicated in article 33 of the Contentious Administrative Code.
The reception made by the chambers of commerce of the forms, annexes and documents
support, in the box, does not imply the acceptance of the record of the bidder's performance as
Said request is subject to the documentary verification that on the matter is made in order to
determine that it is correctly completed and that the documentation is provided
complete, according to what is established for each case by Decree 4881 of 2008.
The inscription in the Unique Registry of Proponents does not imply the inscription in the Mercantile Registry,
nor in the Registry of Non-Profit Entities.
In the case of Non-Profit Entities not subject to registration in the registries that
chambers of commerce, referred to in article 45 of Decree Law 2150 of 1995 and the
Article 3 of Decree 427 of 1996, and entities with special legislation, the proponent
must attach a certificate of existence and legal representation issued by the entity
corresponding, with the following data:
Name or full business name of the proponent
Modifications of the company name
Type, number and date of the document of incorporation or creation
Date and class of document by which legal status is recognized
Duration of the entity
Domicile of the entity
Name and identification of the legal representative.
Powers and limitations of the legal representative, if any
Foreign companies will be registered in the Unique Registry of Proponents before the Chamber of
commerce where it has established the domicile of its branch, for which the
supporting documents required in Decree 4881 of 2008, complying with the formalities
established.
When a natural person has more than one domicile, he must register with the Chamber of
commerce with jurisdiction in the municipality in which it has the main seat of its businesses.

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When the proponent updates the information established in article 17 of Decree 4881 of
2008 in the mercantile registry or in the registry of non-profit entities, the Chambers of
Commerce will update the corresponding information, without the need for any action on the part
of the proposer. The other modifications must be made through the form, after payment
of the corresponding rights.
In the public service sites, the Chambers of Commerce will keep at the disposal of the
users a sufficient number of all illustrative documents necessary for the
filling out the forms and updated rates. Legislation on the Registration of
Proponents will be available to users on the Web page of the cameras.
1.2.2.2 Validity of the documents.
For purposes of renewal, update or modification, it is considered that the documents do not
They lose their validity unless otherwise provided by law. Therefore, the Chambers of Commerce do not
They may refrain from entering information in the registry of bidders based on the date on which the
which documents on which they are based have been issued.
1.2.2.3 Approximation and rounding of figures
When as a result of expressing the technical capacity, the assets of the proponent and the contract
of higher value in terms of SMMLV, the figures show data with decimals, the Chambers of
Commerce will verify that the result has been approximated to the nearest integer value.
For purposes of calculating the Organizational Capacity and the Maximum Capacity of
Recruitment (K), the figures will be expressed with a maximum of two decimal places.
1.2.2.4 Liquidity score for suppliers financial capacity
For the purposes of assigning the score corresponding to the liquidity of suppliers, provided for in
Article 37 of Decree 4881 of 2008, the fourth range of the table ranges from 1,000 to 1,499 times and
the corresponding points are 30.
1.2.2.5 Technical capacity
For the verification of the technical capacity of the bidders legal entities with less than 24
months of incorporation or professional natural persons with less than 24 months of exercise
of the profession, the Chambers of Commerce may only request information related to the
linked personnel from the last year and will also certify it. People who are under 12
months of activity will take the information of the personnel linked in the activity time that
have.

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1.2.3. Rates
When the proposer in the same act is classified in several activities, specialties or
groups, the Chambers of Commerce will collect the fees corresponding to a single registration.
1.2.4. Appeals and Challenges
The Chamber of Commerce competent to hear the appeal and the challenge, will be the one in
the one in which the information has been registered for which it is presented with the requirements
established in Decree 4881 of 2008.
In the event that the appeal is successful, the registration will be totally or partially revoked.
contained in the register of proponents and the chamber of commerce will proceed ex officio to modify the
record on what is conducive.
1.2.5. Information report from state entities on contracts, fines, penalties,
bidding and bidding contests
1.2.5.1 Technical specifications for reporting information on contracts, fines and
Proponents' sanctions
1.2.5.1.1 Sending information
The filing or sending of the reports concerning the contracts, fines and sanctions to the
mentioned in Law 1150 of 2007 and Decree 4881 of 2008, must be carried out through
the Web page of each Chamber of Commerce and / or the website that the Chambers of Commerce
Trade available .
1.2.5.1.2 General aspects for reporting information

1.2.5.1.2.1 Identification of the contract
Each entity that reports information must guarantee that the identification or contract number
be unique, that is, it should not be repeated by entity. The identification of the contract, together with the
Nitrogen number of the state, sectional entity and the date of award thereof, will guarantee the
uniqueness of a contract between the universe to be reported by state entities, taking into account
Note that multiple entities can handle the same numbering structure.

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1.2.5.1.2.2 Report structure
It refers to the way the information is organized for the corresponding report. To the
In this regard, it is defined as an XML (Extensible Markup Language) format.
expandable »)) as an information exchange standard for contracts, fines and penalties. The
adoption of a report in XML format will allow state entities to use different
mechanisms for generating it, from the use of text editors (wordpad, notepad,
edit), going through the implementation of mechanisms in their internal systems for the generation
of the XML and / or elaborating the software that allows them to control and generate this type of reports.

1.2.5.1.2.3 Means used to send the information
The submission of information related to the contracts, sanctions and fines of the bidders,
it must be done over the Internet. To achieve this scope, the Chambers of Commerce will provide
a Web service to which the State Entities may connect to fill out or send the
corresponding report.

1.2.5.1.2.4 Security
The chambers of commerce will establish the security mechanisms for the reception of the
information, taking into account the existing technological advances that exist for it. Will be able
use algorithms to encrypt information, protocol for secure transfer of HTTPS data
using an encryption based on SSL (Secure Socket Layers validating its origin and its content),
strong passwords, Digital Signature Certificates issued by a certification body
authorized by the Superintendency of Industry and Commerce, or any other method that in the opinion of
this entity is as reliable as it is appropriate for these purposes. For the implementation of
procedures described in this numeral that involve costs that have to be assumed by the
state entities, these must be approved by the Superintendency of Industry and Commerce.
The State Entities must send to the Chamber of Commerce with jurisdiction in the domicile
of the Entity, the “Request for the use of electronic means to send information from
contracts, fines and sanctions ”, Annex No. 4.10 of this circular, a document that must be
downloaded from the website of the Superintendency of Industry and Commerce or the RUE, so that
be completed, signed by the Legal Representative and sent in original, with the assignment of a
user to report the information.
The Chamber of Commerce will send the answer with the username and password or password
assigned and the instructions for reporting the information to the email address
indicated in the office. This response must be sent a maximum of 3 business days after it is received.
the request sent by the state entity .
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1.2.5.1.2.5 Chronological stamping
It refers to the constancy of the moment or instant of time (date and time) in which a
electronic document is generated, transmitted and received. In this sense, the Chamber of Commerce
signs the data message with a timestamp the moment a report is received
(accepted for registration) and / or the moment when said report is rejected - according to
indicated in the number of grounds for rejection by the Chamber of Commerce. In order to
establish the required times of shipment and review, among others, the chambers of commerce must
use digital signature certificates issued by a certification authority authorized by the
Superintendency of Industry and Commerce, that meet these criteria.

1.2.5.1.2.6 Evidence of the information received
As proof of the submission of information related to contracts, penalties and fines
of the proponents by state entities, the Chamber of Commerce receiving such
information will send by email a proof of receipt where it is indicated as
minimum the following information:
- Receiving Chamber of Commerce
- State entity that sent the information (nit and name)
- Name of the official or public servant who sent the information
- Date and time of receipt to the satisfaction of the information
- Total number of contracts submitted
- Total number of fines issued
- Total number of sanctions sent
- Unique number that identifies this transaction (at least the year and
a sequential)

1.2.5.1.2.7 Reporting inconsistencies
As proof of the submission of information related to contracts, penalties and fines
of the proponents by state entities, the receiving Chamber of Commerce, will send
by email the inconsistencies or errors found at the time of validation. Must be
indicate at least the following information:
- Receiving Chamber of Commerce
- State entity that sent the information (nit and name)
- Name of the official or public servant who sent the information
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- Date and time of sending the information
- Total number of contracts submitted
- Total number of fines issued
- Total number of sanctions sent
- List of inconsistencies or errors:
i) Type of error
ii) Record number where the error is found, identifying the label
- Total errors submitted.

1.2.5.1.2.8 Format used to send the information
For sending information on contracts, fines and penalties, the format was established
structured XML (Extensible Markup Language). The next
XML format is composed of 5 elements: header, contracts, fines and penalties, which
will allow the sending of structured information on contracts, fines and sanctions by the
state entities to the chambers of commerce of their respective domicile.
Header
Contract no. 1
Contract no. two
Contract no. 3
… ..
… ..
Fine no. 1.
Fine no. two.
… ..
… ..
......
Sanction no. 1.
Sanction no. two
… ..
… ..
… ..

a) The document must comply with specification 1.0 third edition;
b) An ISO-8859-1 (Encoding) character set must be used;
c) The file must contain a well-formed and valid XML format with the XSD schema that is
includes in this specification;
d) The element must contain a single root element called "report" which in turn will contain
all the information in the file, both the header and the other records.
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*

1.2.5.1.3 File structure
1.2.5.1.3.1 Header format

The file header comes in the "header" element and contains the following data, all
mandatory:
Hashtag
date report
camera code

Entity nit
official

Entity name

Name of the
official entity
Sectional,
division,
Department,
unit, area
inside of
entity
contractor

municipalityEntity

Kind

Date it was
Alphanumeric
send the report
Code of the
Numeric
Camera
from
Commerce

nit Entity

sectional Entity

*

Denomination

Numeric

Length
Observations
maximum
8
Format YYYYMMDD
two

twenty

Alphanumeric

255

Alphanumeric

128

DANE code

Numeric

Chamber Code
from
Commerce
recipient
of
report.
Entity nit
including digit of
verification, justified
on the left
Entity name
In the case of entities
with
sectional / regional,
units
from
hiring
distributed, will indicate
the respective name.
For example, a
entity has 3
units in Bogotá,
called BogotáCenter, Bogotá-south and
Bogotá-north and the one
is remitting in
Bogotá-south, then
in this part must go
Bogota-south.
Corresponds
to the

5

External Circular No. 6 of September 29, 2009. Published in the Official Gazette No. 47488 of September 30, 2009.
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Township

addressEntity

Address of the
entity

identification function
Aryan

Number
from
Identification of
official who
reports

OfficialName Name

position official

Reported period

Alphanumeric

of
official who
reports
the
information
Position
of
official who
reports
the
information
Year and month of
period
reported

Numeric

128

twenty

Alphanumeric

128

Alphanumeric

128

Numeric

municipality in which
find the entity
of the state. Nap
reporting
a
sectional,
should
refer to the code of the
municipality of the
sectional. Validated
against
the
table
DIVIPOLA of DANE
Corresponds to the
entity address
of the state. Nap
reporting
a
sectional,
should
forward the address
of the sectional.
ID number of the
official
responsable
of
report
from
the
information.
Should
correspond
to the
authorized official
by the Representative
Legal through
format 4.10.
Name of the official
responsable
of
report
Official position
responsible for the
report
from
the
information
In YYYYMM format
where YYYY indicates the
year that is
reporting and MM the
month. For the report
of fines and penalties
what is he about

6

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total contracts

total fines

total penalties

Number
from
records
reported from
type "contract"
Number
from
records
reported from
type "fine"
Number
from
records
reported from
type "sanction"

Numeric

3

Numeric

3

Numeric

3

paragraph 3 of the article
14 of Decree 4881 of
2008, modified by
Article 2 of the Decree
2247 of 2009, in this
field will be reported
"999999". For him
contract report,
fines and penalties
between January 1,
2009 and 30
November 2009,
shall
report
"200911"
Total sum of
"contract" type records
that come in the
report
Total sum of
"fine" type records
that come in the
report
Total sum of
records type "sanction"
that come in the
report

All fields of the "header" type record are mandatory.
1.2.5.1.3.2 Contract Format
For each contract that is reported, an element called "contract" containing
the following data:

Hashtag
registration

Denomination

Kind

Number
from
inscription of
proponent

Length
maximum

Numeric

10

Observations
Internal number that the
Chamber of Commerce
assigns the proposer.
This field is from
required

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contract number

Number of
contract

nit Proponent

Nit
of
proponent and
in order to the
people
legal
foreigners the
NIT of your
branch in
Colombia
Name of
proponent

Proponent name

Alphanumeric

120

Numeric

twenty

Alphanumeric

128

award date

Date when
was awarded
contract

Alphanumeric

8

start date

Date when
the
contract

Alphanumeric

8

End date

Date when
the end of
contract

Alphanumeric

8

Classification Contract

Classification
of the contract

Alphanumeric

1024

diligence
Unique number within
the state entity that
identifies the contract.
Mandatory field
diligence
Nit from proponent to
who was awarded the
contract. Includes the
check digit.
Mandatory field
diligence

Name of the proponent
who was awarded the
contract. Field of
required
diligence
On
Format
YYYYMMDD. Forever
must come reported.
Mandatory field
diligence
On
Format
YYYYMMDD. May
come in blanks if the
contract has not been
initiated.
On
Format
YYYYMMDD. May
come in blanks if the
contract
not
ha
finished
Corresponds to the code
in which the
contract in accordance with
Decree 4881 of
2008 and Resolutions
of the Superintendency
of Industry and Commerce,
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type Contractor

Kind
contractor

from

Numeric

1

contract value

Value
contract

of

Numeric

twenty

valuePaidContract

Value
Paid out

Final
of

Numeric

twenty

through which
creation is authorized
provisional
from
specialties
Y
groups, within the
activity that
corresponds. Codes
classification of
contract, separated by
commas. Shall come
at least one
classification,
from
agreement
with
it
established in the
mentioned standards
Example, 31501,31602
where the first digit
corresponds to the
activity, the second and
third digit at
specialty and fourth
and fifth digit to the group.
When
not
I know
find defined the
group code in the
norm, will be reported
"00", example, 14100.
1.Hiring
individual
2.- Contracting with a
consortium
3.- Contracting with
a temporary union
Initial value of the contract
IN WEIGHTS, without points,
commas or decimals.
Mandatory field
completion.
The
reported value must
include VAT
Final paid value of
contract IN PESOS, without
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contract

Compliance indicator

Indicator
compliance
of the contract

Contract status

Condition
contract

Alphanumeric

of

1

Numeric

1

periods, commas, nor
decimals. In this
value if they include
additions
or
decreases to what
the contract took place. Yes
there were no additions or
decreases,
I know
will report the same value
of the contract. This value
should
report
only when the
contract status
change to finished.
As long as the contract does not
be reported as
finished the value of
this label should
be shipped with content
empty. The reported value
must include VAT.
S.- Indicates that the
contract was fulfilled
satisfaction or it comes
running
fully.
N.- Indicates that the
contract was not fulfilled
to satisfaction or I don't know
comes
running
fully. Countryside
from
required
completion.
0.- Awarded (has not
execution started)
1.- In execution (started
execution and has not
finished)
two.
Executed
/
finished. Field of
required
diligence
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shipping indicator

Indicator
Shipping
contract

Numeric

1

of

0.– Indicates that the contract
What is being reported? No
is being modified and
corresponds to a contract
new.
1.- Indicates that the contract
what is being reported
changed in any of the
conditions of this
(indicator
from
compliance or status).
2. This code can only
be used when in a
contract
I know is
wrongly reported
information. Must be
indicate the information
subject to modification.
This code is not
applicable in cases where
the object of correction
be the Nit of the proponent
and / or the contract number,
in attention to these
make
part
of
identifier of a
contract (key).
3. This code can only
be used to correct the
Nit of the proposer and / or the
contract number. To the
using this code is indicated
that the contract should be
removed from the report and
replaced by the new that
be reported in the same
shipping with the “0” indicator.
Mandatory field
completion.

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1.2.5.1.3.3 Format of fines
For each fine that is reported, an element called "fine" must be sent, which contains the
Following data:
Hashtag
contract number

registration

nit Proponent

Proponent name

administrative act

Denomination
Number
contract
affected

of

Kind
Alphanumeric

Number
from
inscription of
proponent

Numeric

Nit
of
proponent and
in order to
the
people
legal
foreigners the
NIT of your
branch office on
Colombia
Name
of
proponent

Numeric

Act number
administrative
with which it is
imposes the fine

dateAdministrativeAct Date of the event
administrative

Length
Observations
maximum
120
Contract number
that is affected by
penalty fee. Field of
required
diligence
10
Internal number that
each Chamber of
Commerce assigns to
proponent. Field of
required
completion.
twenty Nit of the proponent
affected with the fine.
Includes the digit of
check. Field of
required
diligence

Alphanumeric

128

Alphanumeric

40

Alphanumeric

8

Name
of
affected proponent
with the fine. Countryside
from
required
diligence
Act number
administrative with the
which is imposed
penalty fee. Field of
required
diligence
On
Format
YYYYMMDD. Countryside
from
required
diligence
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value fine

Value of the
penalty fee

Numeric

fifteen

Value Paid Fine

Amount paid
of the fine

Numeric

fifteen

status fine

State of
penalty fee

Numeric

1

act of revocation

Act number
Administrative
revocation
of the fine

Alphanumeric

40

DateActRevocation

Date
of
Act number
Administrative
that revokes the
penalty fee

Alphanumeric

8

Value of the fine in
weights, no points,
commas or decimals.
Mandatory field
diligence
Paid value of the
fine in pesos, without
periods, commas or
decimals. Field of
required
filing for
when the state fine
be Paid.
0.- Firm (the fine
will be certified)
1.- Firm without payment
fine and found
in arrears (the fine will be
certified)
2.- Paid (the fine is
will certify)
3.-Revoked (the fine
will not be certified)
Mandatory field
diligence
Act number
Administrative through
of which the
fine, only in case of
fines
revoked.
Mandatory field
service only
in the case where the
fine status be
revoked.
On
Format
YYYYMMDD. Countryside
from
required
service only
in the case where the
fine status be
revoked.
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shipping indicator

Indicator
Shipping
contract

from
of

Numeric

1

0.– Indicates that the fine
what is being reported
It is not being modified and
corresponds to a fine
new.
1.- Indicates that the fine
what is being reported
changed in any of the
conditions of this
(revocation data or
accreditation of the fine).
2. This code only
can be used when
the fine has been
reported
with
wrong information. I know
should
indicate
the
information object of
modification. This code
not applicable in
cases that the object of the
correction is the Nit of the
proposer and / or the
contract number, in
attention to these
make
part
of
identifier of a
contract (key).
3. This code only
can be used for
correct the Nit of the
proposer and / or the
contract number. To the
use this code se
indicates that the fine must
be removed from the report
and is replaced by the
new to be reported
in the same shipment with the
indicator "0". Field of
required
completion.

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1.2.5.1.3.4 Penalty format
For each sanction that is reported, an element called "sanction" must be sent that contains
the following data:
Hashtag

Denomination

contract number

Number
contract
affected

registration

nit Proponent

Proponent name

administrative act

Kind
of

Alphanumeric

Number
from
inscription of
proponent

Numeric

Nit
of
proponent and
in order to
the
people
legal
foreigners the
NIT of your
branch office on
Colombia
Name
of
proponent

Numeric

Length
Observations
maximum
120
Contract number
that is affected by
sanction. Field of
required
diligence
10
Internal number that the
Chamber of Commerce
assigns the proposer.
Mandatory field
diligence
twenty Nit of the proponent
affected with
sanction. Includes the
check digit.
Mandatory field
diligence

Alphanumeric

128

Number the act
Alphanumeric
administrative
with which it is
imposes
the
sanction

40

dateAdministrativeAct Date of the event
administrative

Alphanumeric

8

description sanction

Alphanumeric

512

Description of
The sanction

Name
of
affected proponent
with the sanction. Countryside
from
required
diligence
Act number
administrative with the
which is imposed
sanction. Field of
required
diligence
Format YYYYMMDD.
Mandatory field
diligence
Description of the
sanction. Field of
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Numeric

state sanction

State of
sanction

compliance sanction

Indicator
from Alphanumeric
fulfillment of
The sanction

1

act of revocation

Act number
Administrative
revocation
of the sanction

Alphanumeric

40

DateActRevocation

Date of the Act
Administrative
that revokes the
sanction

Alphanumeric

8

Format YYYYMMDD.
Mandatory field
service only
in the case where the
sanction status
be revoked.

shipping indicator

Indicator
sending the
sanction

1

0.– Indicates that the sanction
what is being reported
It is not being modified and
corresponds to a
new sanction.

from

1

required
diligence
0.- Firm (Se
certifies)
1.- Revoked (I don't know
certifies) Field of
required
completion.

Numeric

0 - Completed Sanction
1 - Did not meet the
Sanction imposed.
2 - Pending
compliance (I don't know
has yet expired
time to fulfill the
sanction)
Mandatory field
completion.
Act number
Administrative through
of which the
sanction, field
required
service only
in the case where the
sanction status
be revoked.

1.- Indicates that the sanction
what is being reported
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changed in any of the
conditions of this
(revocation data or
compliance
of the
sanction).
2.- This code only
can be used when
the sanction has been
reported
with
wrong information. I know
should
indicate
the
information object of
modification. This code
not applicable in
cases that the object of the
correction is the Nit of the
proposer and / or number
of the contract, in attention
What are they part of?
the identifier of a
contract (key).
3.- This code only
can be used for
correct the Nit of the
proposer and / or number
contract. By using this
code indicates that the
sanction must be
removed from the report and
replaced with the new
that is reported in the
same shipment with
indicator "0". Field of
required
completion.

1.2.5.1.4 Example of the report in XML format
An example of a report from state entities is presented below:
<? xml version = ”1.0” encoding = ”iso-8859-1”?>
<report>

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<header>
<reporte> 20090417 </reportdate>
<codeCamera> 21 </codeCamara>
<nitentity> 8603503201 </nitEntity>
<EntityName> SENA NATIONAL LEARNING SERVICE </EntityName>
<sectionalEntity> CENTRAL LEVEL </sectionalEntity>
<MunicipalityEntity> 11001 </MunicipalityEntity>
<direccionEntidad> CL 57 NO 10 - 43 </direccionEntidad>
<FunctionalIdentification> 79867432 </FunctionalIdentification>
<functionalname> JOSE IVAN NIETO TABARES </functionalname>
<CargoFunctional> HEAD OF PURCHASING </CargoFunctional>
<ReportedPeriod> 200903 </ReportedPeriod>
<totalContracts> 3 </totalContracts>
<totalFines> 2 </totalFines>
<totalSanctions> 1 </totalSanctions>
</heading>
<contract>
<inscripcionProponente> 2011041212 </inscripcionProponente>
<contractnumber> LP-001-2009 </contractnumber>
<nitProponent> 8600256140 </nitProponent>
<nameProponente> COLOMBIAN CONFEDERATION OF CHAMBERS OF
COMMERCE </PponentName>
<AwardingDate> 20090115 </AwardingDate>
<StartDate> 20090119 </StartDate>
<fechaTermination> 20090319 </dateTermination>
<clasificacionContrato> 31501,31602 </clasificacionContrato>
<contractortype> 1 </contractortype>
<ContractValue> 1500000 </ContractValue>
<ContractPaidValue> 1758000 </ContractPaidValue>
<ComplianceIndicator> Y </ComplianceIndicator>
<Contractstate> 2 </Contractstate>
<ShipIndicator> 0 </ShipIndicator>
</contract>
<contract>
<inscripcionProponente> 2011041212 </inscripcionProponente>
<contractnumber> LP-991-2009 </contractnumber>
<nitProponent> 8600256140 </nitProponent>
<nameProponente> COLOMBIAN CONFEDERATION OF CHAMBERS OF
COMMERCE </PponentName>
<AwardingDate> 20090205 </AwardingDate>
<StartDate> 20090209 </StartDate>
<dateTermination> </dateTermination>
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<clasificacionContrato> 31501,31602 </clasificacionContrato>
<contractortype> 2 </contractortype>
<ContractValue> 56900000 </ContractValue>
<ContractPaidValue> </ContractPaidValue>
<ComplianceIndicator> Y </ComplianceIndicator>
<Contractstate> 1 </Contractstate>
<ShipIndicator> 0 </ShipIndicator>
</contract>
<contract>
<inscripcionProponente> 2011041212 </inscripcionProponente>
<contractnumber> LP-991-2009 </contractnumber>
<nitProponent> 86578945671 </nitProponent>
<namePropone> ​ABC LTDA </namePropone>
<AwardingDate> 20090225 </AwardingDate>
<StartDate> 20090229 </StartDate>
<fechaTermination> 20090319 </dateTermination>
<clasificacionContrato> 31501,31602 </clasificacionContrato>
<contractortype> 2 </contractortype>
<ContractValue> 52000000 </ContractValue>
<ContractPaidValue> 52000000 </ContractPaidValue>
<ComplianceIndicator> Y </ComplianceIndicator>
<Contractstate> 2 </Contractstate>
<ShipIndicator> 0 </ShipIndicator>
</contract>
<fine>
<contractnumber> LP-024-2008 </contractnumber>
<inscripcionProponente> 3571 </inscripcionProponente>
<nitProponent> 8253506718 </nitProponent>
<namePropone> ​TELECOM SA </namePropone>
<actoAdministrativo> OF-M-10-2009 </actoAdministrativo>
<fechaActoAdministrativo> 20090325 </fechaActoAdministrativo>
<FineValue> 300 </FineValue>
<PaidFineValue> 300 </FinePaidValue>
<FineState> 2 </FineState>
<actoRevocacion> </actoRevocacion>
<fechaActoRevocacion> </fechaActoRevocacion>
<ShipIndicator> 0 </ShipIndicator>
</fine>
<fine>
<contractnumber> LP-024-2008 </contractnumber>
<inscripcionProponente> 1041 </inscripcionProponente>
<nitProponent> 8253506718 </nitProponent>
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<namePropone> ​TELECOM SA </namePropone>
<actoAdministrativo> OF-M-10-2009 </actoAdministrativo>
<fechaActoAdministrativo> 20090325 </fechaActoAdministrativo>
<FineValue> 300 </FineValue>
<ValuePagadoMulta> </valorPagadoFina>
<FineState> 3 </FineState>
<actoRevocacion> OF3117 of 2009 </actoRevocacion>
<fechaActoRevocacion> 20090415 </fechaActoRevocacion>
<ShipIndicator> 0 </ShipIndicator>
</fine>
<sanction>
<contractnumber> CM-023-2009 </contractnumber>
<inscripcionProponente> 2117 </inscripcionProponente>
<nitProponent> 517112513 </nitProponent>
<nameProponent> BARRERA LUISA FERNANDA </namePropone>
<actoAdministrativo> OF-15-23 </actoAdministrativo>
<fechaActoAdministrativo> 20090327 </fechaActoAdministrativo>
<descripcionSancion> INABILITY TO CONTRACT 5 YEARS </descripcionSancion>
<SanctionState> 0 </SanctionState>
<complianceSanction> 0 </complianceSanction>
<actoRevocacion> </actoRevocacion>
<fechaActoRevocacion> </fechaActoRevocacion>
<ShipIndicator> 0 </ShipIndicator>
</sancion>
</report>
1.2.5.1.5 Reasons for rejection by the Chamber of Commerce
to)

If it is an XML document that is not well formed according to the specifications
techniques and content established in this circular

b)

When the Chamber of Commerce number is not a valid code

c)

When the user who reports the information (header record) does not agree with the
user assigned by the Chamber of Commerce to the State entity

d)

When the user password sent in the report (header record) does not match the
password assigned to the user

and)

When the official who reports the information does not agree with the official who
find in the database (official authorized to make the report). Is
validation is done against the identification number reported in the header record
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F)

In case of contracts
- When the contract number is blank or empty
- When the award date is blank, empty or does not match the format
settled down
- When the bidder's registration number is not registered in the Chamber of
Trade or is filled in blank, empty or zero.
- When the nit of the proponent does not correspond in the database of the Chamber of Commerce
with the number of the proposer
- When the name of the proponent is blank or empty
- When completed status is reported and the completion date is blank, empty, in
zeros or does not correspond to the format established for date type fields
- When no classification codes are reported or do not correspond to the codes
established in Decree 4881 of 2008.
- When the contract value is empty, in zeros or contains characters other than
numbers (commas, periods, weight signs, etc.)
- When the compliance indicator is different from 0, 1, 2, 3.
- If any of the tags (labels) established in the format are missing.
g) In case of fines
- If any of the fields (tags) of the format is missing or is reported empty or in zeros.
- When the bidder's registration number is reported in zeros,
empty or does not correspond to a bidder number that exists in the database of the
Chamber of Commerce.
- When the Nit of the proponent is reported empty, in zeros or does not correspond to the Nit that
rest in the database of the Chamber of Commerce for the number of proponent
indicated.
- When the date of the administrative act is reported in zeros, empty or does not correspond to
the format set for date-type fields.
- When the number of the administrative act is reported in blank, empty or zeros.
- When the value of the fine is reported in zeros, empty or contains characters not
numeric (periods, commas, hyphens, signs, letters)
- When the status of the fine is different from 0, 1 or 2
- When the status of the fine being 2 is not reported the date of the act of revocation or this
is reported in the wrong format.
- When the status of the fine being 2 is not reported the number of the administrative act of
revocation.
h) In case of sanctions

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- If any of the fields (tags) of the format is missing or is reported empty or in zeros.
- When the bidder's registration number is reported in zeros, empty or not
corresponds to a number of proponent that exists in the database of the Chamber of
Commerce.
- When the proposer's nit is reported empty, in zeros or does not correspond to the nit that
rest in the database of the Chamber of Commerce for the number of proponent
indicated.
- When the date of the administrative act is reported in zeros, empty or does not correspond to
the format set for date-type fields.
- When the number of the administrative act is reported in blank, empty or zeros.
- When the description of the sanction is reported in blank or empty
- When the status of the sanction is different from 0 or 2
- When the status of the sanction being 2 is not reported the date of the act of revocation or this
is reported in the wrong format.
- When the status of the sanction being 2 is not reported the number of the administrative act of
revocation.
A contract may be reported as many times as necessary in different reports or months.
since the conditions of the same change: Beginning, termination.
In all cases, a report (XML file) will be treated in full, that is, if any of the
the records do not meet the technical or content specifications, the report will be rejected
completely, partial receptions of a report will not be made.
1.2.5.1.6 Management of the information received by the Chambers of Commerce

1.2.5.1.6.1 Registration in the bidders' book
Once the form and content validations of a report sent by state entities have been carried out,
The Chambers of Commerce will proceed to register in the first book of the proponents,
taking special care to make a registration for each of the records sent in the
report.
1.2.5.1.6.2 Storage and filing of information sent by public entities to
entities Chambers of Commerce
The Chambers of Commerce must store the XML document received, without alterations to the
itself and guarantee its permanence over time, in compliance with the provisions of article
12 of Law 527 of 1999.

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1.2.5.1.7 Report of fines and penalties for the last five years
Paragraph 3 of article 14 of Decree 4881 of December 31, 2008 indicates that within the
six (6) months following the issuance of the Decree (that is, until June 30, 2009), the
State entities will inform the chambers of commerce that have jurisdiction in the place of
address of the registrant regarding fines and penalties imposed on contractors who were not obliged to
register in the Unique Registry of Proponents - RUP - before January 16, 2009. Specify
Likewise, the information for the last five (5) years must be reported.
To report this information, state entities must use the same
technical specifications defined in sections 1.2.5.1.3.1, 1.2.5.1.3.3 and 1.2.5.1.3.4 of the
this chapter.
1.2.5.1.8 Report of contracts, fines and penalties for the period between the 1st of
January and May 31, 2009
In the transitory Paragraph of Article 14 of Decree 4881 of 2008, modified by Article 6 of
Decree 836 of 2009, it is indicated that state entities must report the information of
contracts, fines and penalties for the period between January 1, 2009 and May 31
2009 no later than June 16 of the same year .
To report this information, state entities must use the same
technical specifications defined in sections 1.2.5.1.3.1, 1.2.5.1.3.3 and 1.2.5.1.3.4 of the
Present
1.2.5.2 Technical specifications for reporting information on tenders
The general information on tenders that state entities intend to open must
refer to the chamber of commerce of the corresponding state entity.
a) The format that state entities must fill out to supply the information
related to tenders will include the following:
i. General data
- Recipient Chamber of Commerce;
- Full name of the reporting entity and NIT;
- Address of the reporting entity;
- Information reporting date; Y
- Name of the official supplying the information, position and signature.
ii. Special data
- Approximate date of opening of the tender
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- Object of the tender with indication of the activity, specialty and group;
- General requirements to participate;
- Amount; Y
- Place and approximate date of the proposals
b) The information on bids that state entities must send to the chambers of
trade is as follows:
- Chamber of Commerce Code;
- Report date;
- NIT;
- Name of the official entity;
- City or municipality code;
- Address of the official entity that reports the information;
- Name of the official;
- Selection procedure;
- Approximate closing date of the tender;
- Object of the tender;
- Classification of the tender;
- General requirements to participate;

- Proposal delivery address; Y
- Approximate date of delivery of the proposal.
c) The submission of the information of the bidding processes may be carried out using the means
adequate and secure electronic devices within the corresponding deadlines.
d) General description of the records: The sending of information on bids will be made
by means of an ASCII file sent on magnetic medium to the chamber of commerce
correspondent.
The file will be made up of the following types of records:
i. Record Type A: Control and Header
It allows identifying basic data, such as the official entity that reports the information,
date of dispatch of the information and the number of bid records reported.
In an information file there will be a single type A record and it must be the first in the
file.
This record is structured as follows:

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Countryside

Length

Contents

1 Numeric
2 Alphanumeric
3 Numeric

4
1
two

4 Numeric
5 Numeric
6 Alphanumeric
7 Numeric
8 Numeric
9 Alphanumeric

8
12
65
8
4
40

10 Alphanumeric

30

11 Alphanumeric

166

Record sequence number
Record type ("A" in this case)
Recipient chamber of commerce code
(annex 4.7)
Report date
Nit
Name of the official entity
City or municipality code
Number of tender records
Name of the official reporting the
information
Title of the official reporting the
Information
Blanks

Total

340

Characters

- Record sequence number: indicates the number or sequence of the record submitted.
- Record type: Indicates the type of record, which is used for control.
- Code of the recipient chamber of commerce: Code that identifies the chamber of commerce
to which the information is intended. This code must correspond to the one assigned to each
one of the chambers of commerce for CONFECÁMARAS. (Annex 4.7).
- Report date: Corresponds to the date the magnetic file was sent to the camera
Commerce. It must be presented in YYYY format indicating the year, MM corresponding to the
month and DD corresponding to the day.
- NIT: Tax identification number of the official entity that reports the information;
contains the number with its corresponding check digit assigned by the
Administration of National Taxes to each of the entities.
- Name of the official entity: Corresponds to the full name of the official entity that reports
the information to the chamber of commerce.
- City or municipality code: Corresponds to the code where the
official entity, according to the code of the Colombian political division (Divipola) prepared by the
National Administrative Department of Statistics, DANE.
- Number of tender records: Corresponds to the number of tender records
reported as type B, sent after the type A record.
- Name of the official reporting the information: Corresponds to the name of the official
belonging to the official entity that prepares and verifies the information reported to the
Chambers of Commerce.
- Position of the official who reports the information: Corresponds to the position held by the
official in the official entity that reports the information.
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Sequence and position of the fields:
Record sequence number
Record type ("A" in this case)
Recipient chamber of commerce code
Report date
Nit
Name of the official entity
City or municipality code
Number of tender records
Name of the official reporting the information
Title of the reporting officer
information
Blank space

Digits
Digit
Digits
Digits
Digits
Digits
Digits
Digits
Digits
Digits

1 to 4
5
6 and 7
8 and 15
16 to 27
28 to 92
93 to 100
101 to 104
105 to 144
145 to 174

Digits

175 to 340

ii. Record type_ B: Basic information on tenders
It contains the basic information of each of the tenders that are projected within
a specified period in an official entity.
This record is structured as follows:
Countryside

Length

Contents

1 Numeric
2 Alphanumeric
3 Alphanumeric
4 Numeric
5 Numeric
6 Alphanumeric
7 Numeric
8 Alphanumeric
9 Numeric
10 Numeric
11 Alpha numeric

4
Record sequence number
1
Record type ("B" in this case)
1
Selection procedure
8
Approximate opening date
8
Approximate closing date
256 General requirements
fifteen Bid amount
30
Proposal delivery address
8
City or municipality code
8
Approximate date of delivery of the proposals
1
Blanks

Total

340 Characters

- Number of record sequences: Indicates the number or sequence of the record submitted.
- Record type: Indicates the type of record, which is used for control.

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- Selection procedure: Corresponds to the selection procedure referred to in the
record. It must be identified with L when it is a tender and A when it is
of an addendum.
- Approximate opening date: Corresponds to the approximate opening date of the
bidding. It must be presented in YYYY format indicating the year, MM corresponding to the
month and DD corresponding to the day.
- Approximate closing date: Corresponds to the approximate closing date of the tender.
It must be presented in YYYY format indicating the year, MM corresponding to the month and DD
which corresponds to the day.
- General records: Corresponds to the description or summary of the general requirements
that must be met by the bidders who wish to participate in the tender, presented in
an alphanumeric field of maximum 256 characters.
- Amount of the tender: Corresponds to the value of the tender expressed in currency
national and penniless.
- Proposal delivery address: Corresponds to the address to which they can
contact the bidders who wish to participate in the tender in search of information,
purchase or consultation of specifications and to deliver the proposals
respective.
- City or municipality code: Corresponds to the code of the city or municipality that
fully identifies the direction in which proponents can go
participate in the tender. Expressed according to the code of the Colombian political division
(Divipola) prepared by the National Administrative Department of Statistics DANE.
- Approximate date of delivery of the proposals: Corresponds to the approximate date
up to which the state entity receives the proposals. Must be submitted in YYYY format
that indicates the year, MM that corresponds to the month and DD that corresponds to the day.
Sequence and position of the fields:
Record sequence number
Record type ("B" in this case)
Selection procedure
Approximate opening date
Approximate closing date
General requirements
Bid amount
Proposal delivery address
City code
Approximate delivery date of the proposals
Blanks

Digits
Digit
Digit
Digits
Digits
Digits
Digits
Digits
Digits
Digits
Digit

1 to 4
5
6
7 to 14
15 to 22
23 to 278
279 to 293
294 to 323
324 to 331
332 to 339
340

iii. Register type_C: Additional information on tenders

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It contains the information concerning the objective and classification of bids.
In an information file, as many reports type_C as components must be reported
in terms of activity, specialty and group are involved in the tender, according to the
classification in the registry of proponents established in Decree 4881 of 2008. This or
these records must be reported after each of the type_B records.
This record is structured as follows:
Countryside

Length

1 Numeric
2 Alphanumeric 1
3 Alphanumeric 256
4 Numeric
5. Alphanumeric 74

4

Total

340

Contents
Record sequence number
Record type ("C" in this case)
Object of the tender
Classification of the tender
Blanks

5

Characters

- Record sequence number: Indicates the number or sequence of the record submitted.
- Record type: Indicates the type of record, which is used for control.
- Purpose of the tender: Corresponds to the description or summary of the purpose of the
tender, expressed in agreement, the activity, specialty and group that is reported in the
classification field of the tender. Presented in an alphanumeric field of maximum 256
characters.
- Classification of the tender: Corresponds to the classification to which the tender belongs,
about which information is being reported.
Sequence and position of the fields:
Record sequence number
Record type ("C" in this case)
Object of the tender
Classification of the tender
Blanks

Digits
Digits
Digits
Digits
Digits

1 to 4
5
6 to 261
262 to 266
267 to 340

iv. Record Type D: End of file
Identify the end of the file. This record is structured as follows:
Countryside

Length

Contents

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1 Numeric
2 Alphanumeric
3 Alpha numeric

4
1
335

Record sequence number
Record type ("D" in this case)
Blanks

Indicates that a file on tenders submitted by a state entity has come to an end.
e) General rules
- All information fields are made up of ASCII characters.
- The classification field of the tender of the type_C record must be reported with zeros (0),
when information is reported from a tender that cannot be identified in said
classification.
- All values ​must be reported in national currency and without cents.
- The types of record that make up the file sent by the official entities to the
Chambers of Commerce, regarding bids, must be sent in the following order:
Register type_A (control and header)
Type_B record (basic information on tenders)
Register type_C (Complementary information on tenders)
...
...
...
...
...
...
Registry type_B (Basic information on tenders)
Register type_C (Complementary information on tenders)
Record type_D (End of file)
- The type_A record must be unique and the first of the records reported in the file.
- For each record type_B, there must be at least one record type_C.
- All type_C records belonging to a type_B record must be followed by one
the other numbered sequentially, immediately after reporting the
record type_B.
The type_A, _B, _C and _D records are required for each submitted file.
- All numerical data to be reported must be justified to the right.
- All alphanumeric data to be reported must be left justified.
- In numerical fields, alphanumeric data should not be reported.
- In alphanumeric fields where there is no information, it must be reported with
Blanks.
- In numerical fields where there is no information, it must be reported with zeros.
- The numbering of the records in the file must be sequentially ascending and
No out-of-sequence or repeated records should be reported.

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- The sequence of the record number must start at one (1) in record type_A and go
rising from one (1) to one (1) as records are reported in the file.
- When reporting a date with the format YYYYMMDD, the month must be reported as
the number of this to which it corresponds: Ex .: The month of January corresponds to 01, December to
12, etc.
- The content of numerical data that is smaller than the size of the defined field, must be
padded with leading zeros.
- The tax identification number (NIT) must be reported without the dash (-) that it has before
of the check digit.
- At the end of the file there must be a single record type_D.
f) Example
Below is an example to clarify the sending of the information:
It should be noted that the divisions between each field (/) and the indication of the type of record that
appear in the examples, they should not be taken into account since they are used only for
give clarity and better visibility to data and groups of records.
Registration type A / 00001 / A / ... identification data of the entity ...
Registration type B / 00002 / B / ... basic tender data ...
Register type C / 00003 / C / ... supplementary tender data ...
Registration type B / 00004 / B / ... basic data of the tender ...
Register type C / 00005 / C / ... supplementary tender data ...
Registration type B / 00006 / C / ... supplementary tender data ...
Register type C / 00007 / C / ... supplementary tender data ...
Registration type B / 00008 / C / ... supplementary tender data ...
Register type C / 00009 / C / ... supplementary tender data ...
Registration type B / 00010 / B / ... basic data of the tender ...
Register type C / 00011 / C / ... supplementary tender data ...
Register type C / 00012 / C / ... supplementary tender data ...
Record type D / 00013 / D / ... end of file
1.2.5.3 Publication of the newsletter on tenders
Confecámaras will be in charge of publishing the bulletin on tenders within the
term established in Decree 2474 of 2008.
Likewise, Confecámaras must send within two (2) days following its publication, the
number of copies of the bulletin on tenders that each Chamber of Commerce requests, to be
provided to the interested parties after cancellation of the rights established for this purpose.

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Notwithstanding the foregoing, Confecámaras will supply copies of the newsletter on tenders
directly to the interested parties who request it, after cancellation of the established rights
for the effect.
1.2.6 Effects of non-registration in the registry of bidders registered with
prior to April 1, 2009.
If the proponent does not submit their registration form within the deadlines indicated in the
Article 53 of Decree 4881 of 2008, modified by Decree 836 of 2009, will cease
automatically the effects of the registry. Cessation implies the non-issuance of certificates.
If the application for registration is presented in the terms of the previous paragraph, and it is rejected,
the effects of the registration will automatically cease. However, the proponent may enroll in
any time.
1.2.7 Effects of non-renewal of the registration in the registry.
If the proposer does not renew his registration within the term established in article 6 of the Decree
4881 of 2008, their effects will cease until you re-register. In this circumstance, it will be left
constancy in the book of proponents.
However, the proponent may request the new registration at any time without submitting the
certifications referred to in article 39 of Decree 4881 of 2008, provided that the chambers of
commerce have them in their possession in a physical or digitized document.
1.2.8 Certifications
The Chambers of Commerce must uniformly adopt the graphic certification scheme
approved by the Superintendency of Industry and Commerce.
The certificates may be requested from the Chambers of Commerce in any of the offices or
sectional and will be issued within the five days following the filing of the petition,
prior cancellation of the rights provided for this purpose.
1.2.9 Hours and place of attention to the public
For the purposes of the Bidder Registry, the Chambers of Commerce must provide the service
within the same public service hours provided for the Mercantile Registry and in all its
offices and sectional.

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1.2.10 International Parity Factor *
The International Parity Factor (FPI) to determine the maximum contracting capacity of
builders and consultants for the year 2011, is 1,724.

(BLANK SPACE)

*

Resolution No. 29603 of May 31, 2011. Published in the Official Gazette No. 48,086 of May 31, 2011.
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1.3 Register of non-profit entities
1.3.1. Books for the registration of non-profit entities
The chambers of commerce for the purposes of registering the legal persons referred to in the
Articles 40 and 143 of Decree 2150 of 1995, will keep the following books:
Book I : On non-profit legal persons. Documents to be registered:
- The jurisdictional rulings and the acts and documents issued within the processes of
reorganization, adjudication and judicial liquidation of non-profit entities not
expressly excluded in articles 1 and 2 of Law 1116 of 2006 ** .
- The certificate of existence and legal representation issued by the competent entity for
Effects of the registration of currently recognized legal entities.
- The public deed or private document of incorporation, as well as the orders regarding
This act.
- The public deed or private document that contains the statutes or their amendments.
- The minutes or agreement stating the appointment, removal or revocation of the representatives
legal, administrators or tax auditors, as well as the provisions relating to these acts.
- The dissolution and / or liquidation, as well as the measures referring to these acts.
- The administrative acts issued by the bodies in charge of the surveillance of the
legal persons referred to in this book that require this registration.
- The offices and orders that communicate liens and civil lawsuits related to
rights whose mutation is subject to registration, as well as their cancellation.
- The address of the website and internet sites, in accordance with the provisions of article 91 of the
Law 633 of 2000, for which effect it will be sufficient that the interested party, his representative or attorney
*
report in writing to the respective chamber of commerce the aforementioned address.
Book II . From the books of non-profit entities. *
The accounting books, minutes and others with respect to which the law establishes this
formality.
1.3.2. Enrollment procedure
The registration of the documents and books referred to in the previous numeral will be carried out in the
same terms and conditions established for the commercial register in general and other regulations
pertinent of the commercial code.
**
*

Document added by External Circular No. 005 of September 10, 2007. Published in the Official Gazette No.
46749 of September 12, 2007.
External Circular No. 015 of December 3, 2001. Published in the Official Gazette No. 44,639 of December 7, 2001.
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1.3.3. Proof of existence and legal representation **
The existence and legal representation of the non-profit legal entities that deal with the
Articles 40 and 143 of Decree 2150 of 1995, will be proven with a certification issued by the Chamber of
business of the main domicile which will include at least the following: document of
constitution, name, address, term of duration, corporate purpose, administrators, representatives
legal and their powers, tax auditors, value of assets and judicial decisions and / or
administrative.
1.3.4. Of the control of legality in the registration of the constitution of the entities without intention
of profit referred to in this circular [that is, referred to in the article
40 of Decree 2150 of 1995, taking into account the exclusions provided by law.
*
Circular 004 of September 3, 2007]
.
1.3.4.1. The Chambers of Commerce must refrain from registering the document of constitution of
the non-profit entity or the special certificate referred to in article 7 of Decree 427 of
1996, when such documents do not fully express the formal requirements set forth in the
Article 40 of Decree 2150 of 1995, as well as the name of the person or entity that will perform
the tax audit function, if said position was created. Paragraph: In no case will
Chambers of Commerce will have the power to carry out legality checks on the adequacy of
such requirements to the rules that regulate them.
1.3.4.2. The address, telephone number and fax number of the non-profit organization must be provided to the
Chamber of Commerce at the time of making the application for registration of the incorporation document or
of the special certificate referred to in the previous article, but its omission does not empower the Chamber to
refrain from making said registration.
1.3.4.3. Exceptions to the registration in the Chambers of Commerce of acts, books and documents
of non-profit entities indicated in articles 45 of Decree 2150 of 1995 and 3 of
Decree 427 of 1996, relate to entities that are constituted in accordance with regulations
regulating them.
The Chambers of Commerce cannot refrain from registering the constitution document of the
non-profit entities referred to in this circular, when their object includes, between
others, some of the activities of the entities that are exempted from the
registration, as indicated in the previous paragraph.

**
*

External Circular Letter No. 008 of October 11, 2007. Published in the Official Gazette No. 46,779 of October 12, 2007.
(Modify numeral 1.3.3 and add numerals 1.3.7, 1.3.8 and 1.3.9).
External Circular No. 004 of September 3, 2007. Published in the Official Gazette No. 46,741 of September 4,
2007 (Adds numbers 1.3.4., 1.3.5. And 1.3.6. Of Title VIII, Chapter One of the Sole Circular)
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1.3.5. On the control of legality in the registration of the appointment of administrators,
legal representatives and tax auditors [of non-profit entities to which
referred to in Article 40 of Decree 2150 of 1995, taking into account the
*
exclusions provided by law]
.
1.3.5.1. In accordance with the provisions of article 42 of Decree 2150 of 1995, the Chambers of
Commerce will only register the appointments of legal representatives, administrators and reviewers
prosecutors, whose positions are created in the statutes of the non-profit entities of
that deals with this circular. Consequently, the registration of the appointment will not be appropriate.
of persons or collegiate bodies that do not have the character of legal representatives,
administrators and tax auditors, v.gr. oversight and prosecutor boards.
1.3.5.2. The Chambers of Commerce will refrain from registering the appointments of representatives
legal, administrators and tax auditors of the non-profit entities that the
present circular, when there has been no compliance with respect to such appointments
prescriptions provided in its statutes regarding the competent body, convocation, quorum and
majorities.
1.3.5.3. The Chambers of Commerce will refrain from registering the appointments of representatives
legal, administrators and tax auditors, in the case of corporations and associations without
profit motive referred to in this circular when: a) it is not present or represented in
the respective meeting, the majority of the members of said corporation or association that, according to
to its statutes, have a deliberative vote and b) when the decision has not been adopted by the
majority of the votes of the members present or represented, unless such statutes have
quorum or different majorities, in which case the provisions of the
statutes.
1.3.5.4. When the statutes of the non-profit entity do not contemplate any provision for
the adoption of the decision to appoint the legal representatives, administrators and
tax auditors, it will not be appropriate to go to the provisions of the Commercial Code in relation to
commercial companies, since there is no rule applicable to non-profit entities of
that this circular deals with, that refers to said mandatory nor allows its normative integration.
In the absence of statutory provision, the chambers will not have to verify compliance with
any requirement for the adoption of such appointments, with the exception of the provisions of paragraph
above on quorum and majorities of non-profit corporations and associations.

*

External Circular No. 004 of September 3, 2007. Published in the Official Gazette No. 46,741 of September 4,
2007 (Modifies numeral 1.3.3 and adds numerals 1.3.4., 1.3.5. And 1.3.6. Of Title VIII, First Chapter of the
Single Circular)
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1.3.6. Of the control of legality in the registration of statutory reforms [of the entities
non-profit making reference to article 40 of Decree 2150 of 1995,
taking into account the exclusions provided by law] *.
1.3.6.1. The Chambers of Commerce shall refrain from registering the statutory reforms of the
non-profit corporations and associations covered by this circular when: a) no
is present or represented at the respective meeting, the majority of the members of said
corporation or association that, according to its bylaws, have a deliberative vote and b) when the
decision has not been adopted by a majority of the votes of the members present or
represented, unless such statutes have provided a different quorum or majorities, in which
In this case, they must comply with the provisions of the statutes.
1.3.6.2. When the statutes of the non-profit entity do not contemplate any provision for
the adoption of statutory reforms, it will not be appropriate to resort to the provisions of the Code of
Commerce in relation to commercial companies, since there is no rule applicable to
non-profit entities referred to in this circular, which refers to said mandatory nor allows its
normative integration.
In the absence of statutory provision, the chambers will not have to verify compliance with
any requirement for the adoption of such reforms, except as provided in the previous paragraph
on quorum and majorities of non-profit corporations and associations.
1.3.7. Of the control of legality in the registration of the constitution of the entities without intention
of profit indicated in article 143 of Decree 2150 of 1995 ** .
1.3.7.1. Chambers of commerce must refrain from registering the document of constitution of
the non-profit entity or the special certificate referred to in article 7 of Decree 427 of
1996, when such documents do not fully express the formal requirements set forth in the
Article 40 of Decree 2150 of 1995, as well as the name of the person or entity that will perform
the tax audit function, if said position was created. They must also present proof
signed by whoever exercises or is going to exercise the functions of legal representative where he or she states
have complied with the special legal and regulatory norms that regulate the
incorporated entity.
In no case will the chambers of commerce have the power to carry out legality control over the
adaptation of such requirements to the rules that regulate them.
1.3.7.2. The address, telephone number and fax number of the non-profit organization must be provided to the
chamber of commerce at the time of making the application for registration of the document of incorporation or
of the special certificate referred to in the previous article, but its omission does not empower the chamber to
refrain from making said registration.
**

External Circular No. 008 of October 11, 2007. Published in the Official Gazette No. 46,779 of October 12, 2007.
(Modify numeral 1.3.3 and add numerals 1.3.7, 1.3.8 and 1.3.9)
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1.3.7.3. The exceptions to the registration in the chambers of commerce of the acts, books and documents
of non-profit entities indicated in articles 45 of Decree 2150 of 1995 and 3 of
Decree 427 of 1996, relate to entities that are constituted in accordance with regulations
regulating them.
Chambers of commerce cannot refrain from registering the document of constitution of the
non-profit entities referred to in article 143 of Decree 2150 of 1995 , when in its
object include, among others, some of the activities of the entities that are
They are exempted from the registry, as indicated in the previous paragraph.
1.3.8. Of the control of legality in the registration of the appointment of the
administrators, legal representatives and tax auditors of entities without
profit motive indicated in article 143 of Decree 2150 of 1995 ** .
1.3.8.1. In accordance with the provisions of article 42 of Decree 2150 of 1995, the chambers of commerce
They will only register the appointments of legal representatives, administrators and tax auditors,
whose positions are created in the statutes of the entities referred to in this
numeral. Consequently, the registration of the appointment of persons or
collegiate bodies that do not have the character of legal representatives, administrators and reviewers
prosecutors, v.gr. vigilance boards, social and fiscal control committees.
1.3.8.2. The chambers of commerce will refrain from registering the appointments of representatives
legal, administrators and tax auditors of the entities referred to in this paragraph,
when the prescriptions provided in their
statutes or in the special laws that regulate them relative to competent body, convocation,
quorum and majorities.
1.3.8.3. When the statutes of the non-profit entities referred to in this
numeral do not contemplate any provision for the adoption of the decision to appoint the
legal representatives, administrators and tax auditors, it will not be appropriate to go to the rules
special on companies.
1.3.9. Of the control of legality in the registration of statutory reforms of entities without
profit motive indicated in article 143 of Decree 2150 of 1995 **.
1.3.9.1. The chambers of commerce will refrain from registering the statutory reforms of the
entities referred to in this paragraph, when at the meeting in which said
reform is not present or represented the deliberative quorum provided by law or in the
statutes for this purpose.

**

External Circular No. 008 of October 11, 2007. Published in the Official Gazette No. 46,779 of October 12, 2007.
(Modify numeral 1.3.3 and add numerals 1.3.7, 1.3.8 and 1.3.9)
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Likewise, the chambers of commerce will refrain from registering the statutory reforms, when in
the special rules that regulate the entities referred to in this paragraph, it is foreseen
as a sanction the ineffectiveness of the decisions that approve said reforms. Such is the case of
Article 38 of Decree 1481 of 1989 in relation to employee funds.
1.3.9.2. When the statutes of the non-profit entities referred to in this
numeral do not contemplate any provision for the adoption of the decision to amend the statutes,
It will not be appropriate to go to the special rules on companies.
1.3.10. [Registration and certification of cooperatives and pre-cooperatives of work
associated].
Chambers of commerce will refrain from registering and certifying new cooperatives and
associated work pre-cooperatives *** .
1.3.11. [Registration and certification of cooperatives and pre-cooperatives of work
associated].
Until May 30, 2008, the chambers of commerce will register and certify the acts, books and
documents subject to registration of the cooperatives and pre-cooperatives of associated work already
constituted, that to date have not obtained the registration and registration of the statutory reform
in accordance with the provisions of Decree 4588 of 2006 before the Superintendency of Solidarity Economy
or before the superintendencies that monitor and control the specialized activity of the aforementioned
cooperatives and pre-cooperatives.
For this purpose, the chambers of commerce will refrain from making said certifications and
registrations, from the moment the respective Superintendency informs the chamber that
has completed the registration and registration process of the statutory reform in accordance with the provisions of the
***
Decree 4588 of 2006 of the aforementioned organization (s)
.
1.3.12. [Registration and certification of cooperatives and pre-cooperatives of work
associated].
The chambers of commerce will agree with the Superintendence of Solidarity Economy or with the
superintendencies that monitor and control the specialized activity of the aforementioned cooperatives and
precooperative, the return of the documents that were delivered to them by virtue of
the Circular Letter issued by this Entity on September 7, 2007 *** .

***

External Circular No. 010 of October 23, 2007. Published in the Official Gazette No. 46,790 of October 23, 2007.
(Add numbers 1.3.10, 1.3.11 and 1.3.12)
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1.4 Aspects common to public records
1.4.1. Abstention from registration by the chambers of commerce
Chambers of commerce must refrain from registering acts, books and documents
when the law authorizes them to do so. Therefore, if there are legal inconsistencies that
law does not prevent the registration, it will be carried out. Likewise, they must refrain from registering acts or
ineffective or non-existent decisions, in accordance with the provisions of article 897 of the code
trade. * †
Chambers of commerce may only refrain from making the necessary records, in the
cases and for the reasons provided in the provisions applicable to the matter and, in no case,
may request additional documents or information to those indicated in numeral 1.2.2 of the
present title, as appropriate to each procedure.
The information that the proponent provides in the form and already appears in the commercial register, does not
will be taken into account by these entities.
1.4.2. Opening of log books
All the registry books that the chambers of commerce must keep will be identified
prior to its use by means of a stamp imposed by the chamber of commerce in each of
its useful sheets.
On the first page of the book, a certificate signed by the legal representative of the
entity or the official to whom it delegates said power, which will contain the following information:
• Chamber of commerce to which it belongs;
• Date;
• Intended use; Y
• Number of useful sheets.
1.4.3. Use of magnetic media
When magnetic, computerized or any other methods are adopted that allow procedures to be carried out
in front of the chambers of commerce without the need for paper, the cost of the essential elements
To proceed in this sense, it may not exceed that provided for the corresponding ordinary method.
The books can be carried in a magnetic medium. For this purpose, each chamber of commerce
The interested party must prove to the Superintendency of Industry and Commerce that the system
*
†

External Circular No. 015 of December 3, 2001. Published in the Official Gazette No. 44,639 of December 7, 2001.
Proceeding to the registration of legal acts that are ineffective or non-existent is a legal contradiction, since
they give effects to those who by law cannot have them. Council of State. Judgment of October 3, 1994.
File 2838
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intends to implement provides the required security and that it ensures the public the easy
access and at no cost to the information consigned in the book that is systematized.
1.4.4. Procedure of the chambers of commerce for the transfer and delivery of documents of
record
The processing, transfer and delivery of documentation related to the commercial register will be done with
subject to the following rules:
a) Commercial registration: The original of the commercial registration forms and their corresponding
renewals, and amending letters, relating to natural persons, legal entities, merchants in
de facto society, commercial establishments, branches and agencies, addresses located
in municipalities that change jurisdiction, they will be delivered to the chamber that receives
chamber of commerce of the former jurisdiction.
The receiving chamber of commerce will unofficially assign a new registration number on the
last form filled out by the merchant, for which he must observe a numbering
in ascending consecutive order. The previous change will notify all those enrolled even at
the unrenewed.
The chamber of commerce that delivers the license plates must record this fact
and of the cause that motivated it, in the records or controls that it has established for that purpose. The
license plate number cannot be reassigned.
The certifications regarding the license plates delivered will be issued by the Chamber of
trade of the new jurisdiction, indicating the change that occurred and the decree that determines it.
The chamber of commerce that delivers the documentation will keep the license plates in its possession
that have been canceled before the date in which the respective work is carried out.
b) Registered documents: Documents registered in the commercial register related to acts
in force in books I (Of the matrimonial agreements and liquidations of companies
conjugal), II (Of the disabilities and inabilities), III (Of the concordat and the liquidation
mandatory), IV (Of authorizations for minors and renewals), V (Of the
administration of the merchant's assets), VI (Of the commercial establishments), VIII (Of
precautionary measures and civil lawsuits) and XII (Of the commercial agency), will be delivered in
its entirety to the chamber of commerce of the new jurisdiction.
Of the inscriptions made in book VII (Of the mercantile books), corresponding to
merchants domiciled in municipalities that change jurisdiction, the chamber will certify
of commerce of the old jurisdiction.
For the purposes of applying the provisions of the second paragraph of Article 165 of the Code
of commerce, the chamber of the old jurisdiction will deliver to the chamber that receives, the
documentation referred to in this standard.
The documents registered in Books X (On the reservation of title) and XI (On the pledge), which are
relate to assets located in municipalities that pass to another jurisdiction, they will be conserved
by the chambers of commerce where your registration was made, and the registration must be made there.
cancellation.
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c) Duty of the chambers of commerce to notify the administrative or judicial authority: The
Chamber of Commerce that makes the delivery must notify the judicial authority or
administrative, within thirty (30) days following the delivery diligence, of the change of
jurisdiction occurred, for legal purposes related to the documents sent by
them for your registration.
d) Duties of the new chamber of commerce: The receiving chamber of commerce must register
unofficially the documents they receive in the corresponding books and comply with the
legally established procedure, refraining from charging fees for registrations and
actions that derive from the diligence of delivery and receipt of documents for the change of
jurisdiction.
e) Acts to be registered by the new chamber of commerce: Chambers of commerce only
They will register the acts, contracts or documents corresponding to their new jurisdiction from
of the date of publication in the Official Gazette of the decree that determines the new jurisdiction or
of the firmness of the corresponding administrative act.
f) Certification of the change of jurisdiction: The chamber of commerce that receives the documentation, at the
certify will record the change of jurisdiction that occurred.
g) Formalities of the delivery certificates: The delivery document will be drawn up in which the
They will discriminate the documents to be delivered, signed by the presidents and secretaries of the
respective chambers of commerce.
The delivery certificate must contain at least the following: name of the merchant person
natural or legal and commercial establishment, registration number, date of the last
renewal of the registration, municipality and number of pages of each file.
h) Notice of the change of jurisdiction: The chambers of commerce, once they comply with the process of
delivery, they will inform the Superintendency of Industry and Commerce and
they will give notice in their bulletins of the change of jurisdiction that has occurred.
i) Immediate delivery of documents: The diligence of delivery of the documents to which it is made
reference in this numeral, must be done immediately once the publication of the
corresponding decree in the Official Gazette or the administrative act is executed
correspondent.
j) When the jurisdiction of a chamber of commerce is modified, it will proceed ex officio to
forward to the corresponding chamber, the files of the proponents whose inscriptions are
are in force, within ten (10) business days following the effective date of the decree that
modify jurisdiction. The chamber of commerce that receives the documents will proceed to the
registration and filing of documents, for which you must observe the instructions regarding
new registrants without causing additional rights.
k) The chamber that sends the documents shall record said circumstance by means of
certification that will be filed in a special folder for this purpose.
The certification must be signed by the secretary of the chamber of commerce and it shall be
will indicate the number that identifies the registrant, the recipient chamber of commerce, the date, the
reason that originated its remission and the total number of pages sent.

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1.4.5. Deposit of financial statements
At the time the general purpose financial statements are submitted for deposit, together with
their notes and the corresponding opinion, if any, the chambers of commerce will file them with the
indication of the time, date of receipt and number of pages that comprise it.
The copies requested by the interested parties must be delivered within five (5) days after
the one in which the petition is filed and the costs are paid.
1.4.6. List of experts
For the purposes of the provisions of Article 231 of Law 222 of 1995, the Chambers of Commerce
They will keep an updated list of experts, who will designate for each particular case,
by lottery, within three (3) days following the one in which the request for
appraisal of the shares, quotas or parts of interest.
1.4.7. Access to registry information
a) Access to the files where the documents pertaining to the bidder's registry rest: The
The registry of bidders is public and therefore the chambers of commerce must guarantee
any person the access to the documents that rest in their archives and to the book in which they are
keeps the register of proponents.
Likewise, access to information must be guaranteed even when it is
systematized.
b) Request for copies of documents that rest in the archives of the cameras: Any
person may request that they be issued full or partial copies of the documents that
are in the archives of the chambers of commerce and the book relating to the registration of
proposers, for which the provisions of articles 17 et seq must be applied
of the contentious administrative code.
1.4.8. Registration fees and their advertising
In order to strictly comply with the provisions on commercial registration fees,
proponents and non-profit entities, assigned by the National Government to the chambers of
commerce for the provision of the public registry service, the values ​established there are the
the only fees that chambers of commerce are authorized to collect.
Therefore, it is not allowed that under different names or other concepts,
charge additional amounts to users of the registries assigned to the chambers of commerce.
Chambers of commerce must charge their users exclusively the concepts provided and
only the rates authorized by the National Government, in accordance with the provisions of the
Decrees 457 and 458 of 1995 and numeral 1.2.3 of this title.
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Said fees, as well as the value that according to the law will be charged for the copies of the
register entries must be posted in an easily visible place at the entrance of each area
customer service.
Any information that the chamber of commerce obtains based on the data provided to
The effect of the public records in his charge must be:
- Of public knowledge, that is, accessible to the general public; Y
- Free, that is, no concept can be charged for the information provided.
1.5 Implementation of the single business registry

*

1.5.1. Implementation of the Unique System of Mercantile Registry and Proponents
Chambers of commerce must comply with the provisions of this circular so that
the Single Mercantile Registry and the Single Bidder Registry are unified in such a way that
the objectives set forth in Article 11 of Law 590 of 2000 and other concordant regulations. In order to
The effect, the chambers of commerce must implement a Unique System of Mercantile Registry and
of Bidders, hereinafter the system, in such a way that such records are unique and accessible
from any camera or by electronic means in accordance with the functional requirements that
are established in number 1.5.3 of this Chapter.
For which they must comply with the work plan that is envisaged so that the system is
found in operation on January 1, 2005.
1.5.2. Adjustments to the commercial register
Each registered merchant will be assigned a unique number at the national level, which will contain as
main part the number of the citizenship card if it is a natural person or the number of
Nit tax identification or any other national identification number adopted in a manner
general if you are a legal person and a file will be opened in which the documents will be filed
related to their registration in the commercial register; therefore, no merchant will be able to
identify yourself with a different number. If the merchant is registered or wants to register as well
As proposer, the same number must be handled for the two registrations in such a way that the
unique number is personal at the national level, for all records in charge of the chambers of
Commerce.
The registration of the merchant and the commercial establishment, as well as its renewal, is
made by submitting the single business registration form, in its annex
corresponding to the commercial register, duly filled out.

*

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The Single Business Registry will be understood to be renewed under the terms and conditions provided for the
commercial register, in accordance with the provisions of article 33 of the commercial code.
In the single registration form in the single business registry, the information must be included
Relating to proponents, merchants and non-profit entities.
The form must be organized in separable annexes, which meet the requirements of each
registry that makes up the single business registry, in such a way that the user is allowed to
exclusive use of the annex or annexes of interest and will contain the cover page as the main page
sole business.
Chambers of Commerce, through the Colombian Confederation of Chambers of Commerce
will present to the Superintendency of Industry and Commerce for approval, the graphic scheme
of the single form of the single business registration, no later than April 14, 2002. The models
of forms will be uniform in all chambers of commerce.
1.5.3. Functional requirements
The system implemented by the chambers of commerce must be capable of satisfying the
functions that are listed in this chapter. The cameras may adopt any system that
consider it adequate to achieve these purposes. To carry out the developments and operate the system
They may use the mechanisms they consider most efficient and hire advice or services
external. They may make agreements between the chambers or with the confederations and federations
so that the necessary developments are made one by the other.
In any case, any system that is used does not imply transfer of the responsibility of the
compliance with the provisions of this circular or with the obligations of keeping the Registry
Sole Business in accordance with its territorial competence.
1.5.3.1 Service requirements
The system may include procedures, computer equipment, communications and security,
programs, physical or electronic documentary files, transport or messaging systems,
regulations, payment or compensation systems or contracts that allow compliance with the
functional requirements that are indicated:
a) Registration from any camera: Subject to compliance with legal provisions and
regulations, the chambers of commerce must keep the Single Business Registry of such
form that allows merchants and users of this registry to process the registration,
renewal, registration of documents, consultations, certification and consolidation of information
from any chamber of commerce regarding any information or document or record
that rests or should rest in any chamber of commerce in the country.
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b) Duplication of registration. The system must allow that in cases of multiple enrollment,
For example, those that deal with articles 29, 35, 111, 160, 165, 228, 953 and 1210 of the Code
of Commerce, articles 98 and 157 of Law 222 of 1995, or articles 11, 23, 31 and 36 of the
Law 550 of 1999, the merchant can request registration from any chamber of
*
trade of the country.
c) Separation of responsibilities: The system must provide mechanisms for separating the
responsibility that corresponds to each of the chambers. Specifically it should allow
distinguish if the responsibilities are generated in the merely accessory tasks of the
cameras that come to serve as intermediaries or correspond to the camera that must carry out
the process of object of the request. To this extent the system must include a procedure,
system or control that allows you to determine, in the event of an anomaly, what
camera corresponds to what kind of responsibility.
d) Consultation of information by characteristics: The system must allow merchants and the
the general public the consultation at the national level of the information contained in the Single Registry
Business allowing to establish search criteria that involve all or some of the
fields that make up the Unique Business Registry. The search criteria must allow
versatility and should include at least text searches, value range and combination
simultaneous of these criteria with Boolean operators.
e) Access to information through the internet: The system must allow the consultation of information
through the internet with the characteristics indicated in the previous literal.
f) Challenge: Without prejudice to compliance with the requirement relating to personal presentation,
must allow the presentation of challenges provided for in the corresponding regulations from
any chamber of commerce.
g) Continuous operation: The system must be in continuous operation during business hours.
attention of the cameras and for 24 hours 7 days a week for internet service, except
in the periods required for maintenance, which must be announced and
contained in the main page of the online consultation system. The contingency plan
should provide a procedure so that, in the event of a system failure, the operation is restored in
a period not exceeding 72 hours.
1.5.3.2 Verification functions
The system that implements the operation of the Single Business Registry must allow the
following verifications:

*

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a) Control of Registration Number: The information system must provide a procedure for
numbering that guarantees the allocation of unique numbers at the national level for the
identification of registrations, license plates, renewals, documents and other information of such
so that the sequence can be verified at the national level.
b) Homonymy control. The information system must allow verification in the field
*
national referred to in article 35 of the Commercial Code
.
c) Control of Disabilities, impediments and prohibitions: The system must contain the information
necessary so that cases in which the law provides for disabilities can be controlled,
impediments or prohibitions to natural or legal persons regarding the exercise of the
trade nationwide.
d) Control of garments: The system must keep control of all the records of contracts of
pledge that refer to the same good, identifying all the registered contracts, the
cameras in which they were registered and the order of priority of the garments according to the date
registration of the garment.
1.5.3.3 Security Requirements
The system that implements the Single Business Registry must have the following provisions
controls:
a) Roles: Both the computational procedures and the manuals must define the
scope and restrictions of each of those involved. The level and control of
access that each of the system users have.
b) Audit: A record of all operations carried out in the reporting system must be guaranteed.
information in such a way that the person responsible for the registration or operation can be identified and
date in which they are carried out. An auditor should be appointed to review the records. The
Superintendency of Industry and Commerce once the system to be used has been defined
determine the characteristics of the audit.
c) Backup copy: A backup copy procedure must be planned and implemented for the
information found in magnetic media and computer programs of such
so that the risks of one and the other are independent and in such a way that their
reconstruction.
d) Security of the facilities: The information system must have physical protections
such that: only authorized persons are allowed to enter, physical conditions are controlled
environmental and operating conditions that are required or recommended by hardware manufacturers.
Additionally, it must have fire protection and detection equipment.

*

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e) Logical access control in the computer system: The system must contain the
components necessary to restrict access electronically only to components and
authorized users of the system and must control that the operations they carry out are
restrict to those allowed. These components must be included in the design of the system.
f) Contingency plan: A contingency plan must be designed in order to control risks
and guarantee the continuity of the operation of the system in such a way that
outages of more than three days.

1.5.3.4 Service projection
The system must be designed in such a way that it allows to attend the expected traffic in a projection
5 years including peak demand.
1.5.3.5 Conversion requirements
Chambers should design a procedure for the transition from systems to
information to those of the new system. In any case, these procedures must involve:
a) Control of homonymy of cases prior to the consolidation of the system. From the date of
entry into operation of the Single Business Registry, the system must allow the identification of the
*
previous cases of homonymy at the national level.
*
b) Previous registries: All the registries of the Mercantile Registry and the Single Registry of
Proponents prior to the implementation of the provisions of this circular that could be
required for certification, consultation or renewal procedures must be included within the
information system in such a way as to allow the proper operation of the Single Registry
Business in accordance with the requirements established in this circular.
c) Unification of numbers: All the records indicated in the previous number must be
numbered in accordance with a consistent procedure that is tailored to the
numbering that is adopted in the new information system in accordance with the provisions of
this circular. The system adopted must allow consultation using the reference of any
of the two numbers.
1.6 Project execution *
1.6.1. Schedule

*

* Resolution No. 30475 of December 9, 2004. Published in the Official Gazette No. 45763 of December 15, 2004.
* External Circular No. 05 of March 11, 2002. Published in the Official Gazette No. 44,739 of March 14, 2002.
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The chambers must complete the stages that are developed below before the expiration of the
term indicated:
STAGES
1. Rules of distribution and participation in decision-making
2. Selection of the coordination and monitoring team
3. Detailed definition of functional requirements
4. Definition and delivery of the detailed development schedule
5. Definition of terms of reference or specifications
details of the system to be developed
6. Estimation of the project value
7. Appropriation of resources
8. Process for selecting the contractor or who will develop the
draft
9. Completion of development and start of tests
10. Adjustments regarding reports and obligations
11. Testing
12. Migration
13. Start of system operation

DATE
2002/07/15 **
2002/07/31 **
2002/07/31 **
2002/07/31 **
2002/09/30 ***
2002/11/15 ***
2002/12/31
2003/03/31
2004/08/31
2004/09/30
2004/11/30
2004/12/31
2005/01/01

The activities that each stage comprises are as follows:
a) Rules of distribution and participation in decision-making: Agreement between the chambers in the
that the way in which the information system development project will be directed is established,
the rules relating to the decision-making of the project, the way in which the
expenses. The adoption of such rules must be made binding on all chambers.
In any case, the rules adopted must be reported to the boards of directors of the
Chambers of Commerce. The functions and decisions that are transferred to the coordination team
will carry the responsibility of all or some of the cameras, in which case you must
specify which ones.
b) Selection of the coordination and monitoring team: Selection of the persons responsible for
the coordination and monitoring of the project. For this purpose, the Colombian Confederation of
Chambers of Commerce, CONFECAMARAS or any other confederation or federation may be
designated.
c) Detailed definition of functional requirements: Preparation of the document in which the
detail the information system requirements and include the breakdown of all
** External Circular No. 014 of May 29, 2002. Published in the Official Gazette No. 44,819 of June 1, 2002.
*** External Circular No. 20 of September 25, 2002. Published in the Official Gazette No. 44,951 of October 2, 2002.

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functional requirements indicated in number 1.5 of this chapter. This document must
have the approval of the chambers through the process that has been determined
previously.
d) Definition and delivery of the detailed development schedule: Official project schedule
detailed of the activities that will be developed. Said schedule in any case must
be adjusted in such a way that it must comply with at least the dates indicated in the
general schedule outlined in this article.
e) Estimation of the project value: An estimate of the total cost of the project and the proportion
It is up to each chamber of commerce to pay as well as the times in which they must be
make disbursements.
f) Definition of the terms of reference or detailed specifications of the system to
develop: Definition of the terms of reference or detailed specifications of the
information system that is going to be developed and that will be used to carry out the contest or
competitions to select contractors and suppliers. In case the system or part of it
is developed with resources and staff of the chambers, presentation of a document that
indicate the tasks, times and results that the teams that are defined for this purpose must
observe in order to develop the system consistently and efficiently. These terms must
include the criteria of the conversion and selection of the previous records that are going to be
migrated to the new system, indicating the procedure to be followed to guarantee the
integrity and traceability of this process.
g) Appropriation of resources: Appropriation in the 2002 budgets of resources
necessary to develop the project and that must be provided by the chambers of
trade or its confederations. Each chamber or confederation must provide mechanisms or
additional appropriations to cover cost overruns or unforeseen expenses.
h) Selection of the contractor or who will develop the project: Selection of contractors or
allocation of personnel who will develop the information system.
i) Completion of development and start of tests: Design, programming and installation of software and
hardware, communications equipment and in general the facilities where they will operate or where
will store the information.
j) Adjustments regarding reports and obligations: The cameras must indicate the
adjustments to their reports and procedures that are generated by the adoption of the system,
necessary in order to continue complying with the obligations that are proper to it as
provided in the Single Circular of 2001 Title VIII Chapter II of the SIC.

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k) Tests: Carrying out tests of the information system on all operations and
functions provided by each of the chambers of commerce. Test results
must guarantee that the services can be provided within the deadlines established in the
present circular.
l) Migration: Inclusion in the system of all the information that must be transferred to the single registry
company that will be contained in the commercial register and in the single register of
proponents.
m) Start of operation of the system: Initiation in the provision of service to the public with the system
operating all the functions provided.
1.6.2. Interaction with the Superintendency of Industry and Commerce
The project coordinating team must present the following reports so that the
Superintendency of Industry and Commerce can evaluate the fulfillment of the tasks within the
established times and conditions.
1.6.2.1 Periodic reports
The status of the project must be reported in a bimonthly report that must at least have:
a) Indication of compliance with the activities included in the general and detailed schedule.
In any case, the chambers in which the direct or indirect responsibility falls must be indicated.
responsibility for arrears or defaults.
b) Percentage of execution and delay of the project
c) The corrective measures that will be taken to adapt the planned schedule when desired
that there has been any delay, including the rescheduling of dates in order to
achieve at least compliance with the deadlines required in this circular.
1.6.2.2 Sporadic reports *
In addition to the periodic reports indicated, the following reports must be submitted in the
designated deadlines:
a) Document in which the agreement between the chambers is formalized on the way in which it will be conducted
the information system development project, the rules regarding decision-making
of the project, the way in which the expenses will be distributed. Deadline: 2002/07/31.
b) Document in which the functional requirements are defined with the corresponding
approval. Deadline: 2002/08/15.
c) Detailed official schedule of the project. Deadline: 2002/08/15.

*

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d) Delivery of the terms of reference to contract or develop the information system
indicating the migration requirements. Deadline: 2002/10/19. ***
e) Estimated total cost of the project. Deadline: 2002/11/30. ***
f) Document stating that the chambers of commerce made the appropriation
required budget. Deadline: 2003/01/15.
g) Indication of the contractors selected to carry out the project and / or personnel assigned to
carrying out the project indicating its functions and hierarchical organization. Deadline: 2003/04/15.
h) Report specifying the adjustments to its reports and procedures that are generated by the
adoption of the system, necessary in order to continue complying with the obligations that
are its own according to the provisions of the 2001 Single Circular Title VIII Chapter II of the
Superintendency of Industry and Commerce. Deadline: 2004/10/15.
i) Documentation of the tests carried out on the system. Deadline: 2004/12/15.
1.7 Operation of the Single Business Registry **
1.7.1. Multiple registrations
As of the date of entry into operation of the Single Business Registry, in cases where the
law establishes the obligation to register the same act or document in different chambers of
trade, such as those dealt with in articles 29, 35, 111, 160, 165, 228, 953 and 1210 of the
Commercial Code, articles 98 and 157 of Law 222 of 1995, or articles 11, 23, 31 and 36 of
Law 550 of 1999, the merchant may request that the act or documents registered in the chamber
of the main domicile of the company, in any of the places of celebration or fulfillment of the
act or contract, or location of the goods, as appropriate, is registered in the other chambers
where according to the law, it is also required to register said act or document. For this purpose,
the merchant must pay the corresponding fees.
It will correspond exclusively to the chamber of commerce that, in accordance with the law, carries out the first
registration carry out the legality control and learn of the resources that are filed on the occasion
of the same.
When the merchant requests the registration of an act or document previously registered in another
chamber of commerce, this circumstance must be reported to the chamber before which the
new registration and provide the corresponding data.
1.8 Provision of information from the Unified Business Registry, RUE, for the Window
Unique Foreign Trade * .

*** External Circular No. 20 of September 25, 2002. Published in the Official Gazette No. 44,951 of October 2, 2002.
** Resolution No. 30475 of December 9, 2004. Published in the Official Gazette No. 45763 of December 15, 2004
*
External Circular No. 006 of June 24, 2005. Published in the Official Gazette No. 45,953 of June 28, 2005.
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In accordance with those established in Decree 41419 of 2004 and in order to facilitate the
implementation and operation of the Single Window for Foreign Trade, administered by the
Ministry of Commerce, Industry and Tourism, the chambers of commerce must establish
mechanisms that allow administrative entities that grant authorization, permits or
good views prior to foreign trade operations, the data line query
corresponding to the Certificate of Existence and Legal Representation, as well as the supply of the
information on the cover page of the single form of the Single Business Registry.
The mechanisms for the consultation and supply of said information must be established in
coordination with the Ministry of Commerce, Industry and Tourism.
Online consultation of the data corresponding to the Certificate of Existence and Representation
legal shall be in operation as of June 30, 2005.
1.9 Provision of information from the Single Business Registry, RUE, for the processing of the
issuance of construction licenses *
In accordance with the provisions of Decree 1272 of 2009, in order to facilitate the
implementation and operation of the Construction Single Windows in the cities of more
of 500,000 inhabitants where there are technological means available for virtual consultation or flows
of electronic information, the chambers of commerce should establish mechanisms that allow
to the urban curatorships the online consultation of the data corresponding to the Certificate of
Existence and Legal Representation.
1.10 Administrative action **
1.10.1 Registration in public registers
In accordance with articles 14, 15 and 28 of the Contentious Administrative Code, for purposes
To guarantee due process, the chambers of commerce must make the interested parties aware of the
requests for registration in public registers. For the effect they can go to:
a) Inform of said request to third parties interested in the action, by means of a
communication sent by mail or by publishing it in a
newspaper of the entity or in a newspaper with wide national circulation; or
b) The publication of the request in a public electronic medium, under the terms of the
Article 19 of Law 962 of 2005.

*

External Circular 003 of June 23, 2009. Published in Official Gazette No. 47391 of June 25, 2009.
** External Circular 0002 of February 9, 2010. Published in Official Gazette No. 47,619 of February 10, 2010.
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1.11 Resources of the government route *
1.11.1 Opportunity to file appeals Appeals against the registration act may
be filed within five (5) days following the date the entry was made in the
respective registration.
Once the terms have elapsed without the appropriate appeals having been filed, the act
will remain firm.
1.11.2 Appeal of complaint . When in development of the governmental route, an appeal of
complaint before the Superintendency of Industry and Commerce, against an administrative act of a
chamber of commerce, the file will be requested from the respective chamber of commerce, attaching
copy of the complaint appeal.
The chamber of commerce will immediately send the requested file and update the certificate
indicating that a complaint was filed against that administrative act, leaving on record,
in accordance with article 55 of the Contentious Administrative Code, that the registration is
is suspended.
Once the decision to resolve the complaint has been notified, the Superintendency of Industry and
Commerce will send a copy of the corresponding administrative act to the respective chamber of commerce,
which must proceed in accordance with said decision.
1.11.3 Publicity of the resource. Once the remedies for reconsideration or appeal have been filed
against registry, commercial and non-profit entities, chambers of commerce
will communicate such action to the interested parties through a courier service, to the address of
judicial notification of the legal or natural person, as the case may be.
Notwithstanding the foregoing, the chamber of commerce will inform of the filing of the appeal by means of
publication in any electronic medium available.
1.11.4 Notification of the appeal decision. When the decision of the appeal
confirms the contested act, and the appeal process proceeds, the
personal notification of said decision. In the event that the appeal decision terminates the
administrative procedure, it must be notified in the terms provided in articles
44 and 45 of the Contentious Administrative Code.
1.11.5 Creation of the appeal file. Resolved by the chamber of commerce the appeal
of replacement filed against a registry, commercial or non-profit entity act, and if
Wherever the appeal is processed, the chamber of commerce must send the
file of the appeal to the Superintendency of Industry and Commerce - Working Group of
*

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Chambers of Commerce, duly foliated in the upper right part, starting from the letter
of referral to this Entity and up to the last page, in the order indicated below:
a) Letter of referral of the file to the Superintendency of Industry and Commerce.
Such document must contain the list of the material that is sent, with the indication of the folios
that make up the record.
b) Writ of appeal together with proof of personal presentation.
c) Administrative act that is the object of the appeal.
In the case of registration abstention, the chamber must send the respective official letter. On
If the registration has proceeded, you must send a copy of the annotation in the book
respective.
d) Acts and documents presented for registration.
e) Resolution by which the Chamber of Commerce decides the appeal for reconsideration.
f) Bylaws of the legal entity registered in the respective chamber of commerce and
in force at the time of the adoption of the decision regarding registration.
g) Certificate of existence and legal representation or commercial registration, where
the registry entry of the contested act is recorded, if the appeal is against a
inscription.
h) Proof of the publication of the registration application, made by the
Chamber of Commerce.
i) Proof of transfer of the appeal to the interested parties.
j) Briefs of response from the interested parties to the transfer of the resources.
The referral of the appeal by the Chamber of Commerce to the Superintendency
of Industry and Commerce, must be carried out within three (3) days following that in
that the appeal for reconsideration is decided, in accordance with article 209 of the Constitution
Policy and article 3 of the Contentious Administrative Code.

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CHAPTER TWO GENERAL ASPECTS
2.1.

Chamber of Commerce Evaluation System (SEC) *

The SEC is the evaluation system used by the Superintendency of Industry and Commerce,
to supervise in a comprehensive and specialized way the management of the chambers of commerce.
2.1.1. Definition of evaluation groups
2.1.1.1 Registration Public Service Group
a) Control over record books:
i. Opening: The opening of the registry books must be carried out observing what is indicated in
the numerals 1.1.1 and 1.4.2 of the first chapter of this title.
ii. Existence of books and names: Chambers of commerce must ensure that the
existence of the registry books determined by this Superintendency and their correct
denomination, subject to the provisions of paragraphs 1.1.1, 1.2.1 and 1.3.1 of the chapter
first of this title.
iii. How to keep the books: The record books must be kept in accordance with the provisions of
the numerals 1.1.1, 1.1.2, 1.2.2 and 1.4.2 of the first chapter of this title.

b) Procedure for keeping records: To keep records, the chambers of commerce
must observe the provisions set forth in numerals 1.1.2, 1.2.2, 1.2.4, 1.2.5, 1.2.6,
1.3.2, 1.4.1 and 1.4.3 of the first chapter of this title.

c) Certifications: To issue the certifications, the chambers of commerce will observe the
provided in articles 86 number 3 of the commercial code, joint circulars 1 of 1983
(annex 7.3) and SB040SIC008 of 1993 (annex 7.4) of the Banking and Industry Superintendencies
and Commerce and numerals 1.2.7, 1.3.3 and 2.7 of this title.

d) Fees for registration and its advertising: Chambers of commerce must charge
its users exclusively the foreseen concepts and only the rates authorized by the
National Government, in accordance with the provisions of Decree 393 of 2002, and the numerals
1.2.3, 1.4.8 and 2.4 of this title.

*

External Circular 011 of December 23, 2005. Published in Official Gazette No. 46,135 of December 28, 2005.
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Said fees, as well as the value that according to the law will be charged for the copies of the
entries of the records, should be posted in an easily visible place at the entrance of each
customer service area.
e) Receipt of financial statements: When the financial statements are presented for their
deposit, the chambers of commerce must observe what is enshrined in numeral 1.4.5 of the
first chapter of this title.
f) Archiving of public registry documents: In addition to compliance with the provisions of the
Article 43 of the Commercial Code, the chambers of commerce must ensure that the
public registry files have adequate conditions of security, handling and
conservation, observing what is enshrined in law 594 of 2000.
g) Publication of the commercial news: The chambers of commerce must publish the news
commercial observing what is established in number 4 of article 86 of the commercial code and in the
numeral 1.1.3 of the first chapter of this title.
h) Internal regulations and procedure manuals for registration procedures: Chambers
trade must formalize and document the procedures that they will follow to carry and
certify public records, by establishing a manual approved by the body
competent.
i) Compliance with terms to resolve registration procedures: Registration procedures must
be resolved within the terms indicated in the contentious-administrative code.
j) Notification of administrative acts: Notification of administrative acts issued by the
Chambers of Commerce must observe the provisions for this purpose in the contentious code
administrative.
2.1.1.2 Customer service group
a) Opening hours to the public: The chambers of commerce will not be able to finish the attention to the
public, until all users who have entered the entity have been dispatched
within the business hours provided for in the internal regulations, in accordance with the provisions
in the following paragraph and in numeral 1.2.8 of the first chapter of this title.
Whenever extraordinary circumstances of unforeseeable circumstances or force majeure make
necessary to temporarily modify the opening hours to the public, the variation must be
informed the public at least five (5) days in advance, indicating the causes that
justify the determination and duration of the expected variation, posting in a visible place on the
headquarters of the chamber and its sectional and receiving offices a notice to this effect.

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With the monthly record of the meeting of the board of directors, the Superintendency will be contacted
of Industry and Commerce, proof of having complied with the just provisions.
b) Information to the public: According to the socioeconomic and cultural condition of each region,
the number of users and the possibilities of access to dissemination methods, for each type of
The user and the general public should be informed about the following aspects:
i. All the services it provides, the conditions to access them and their cost. In case of
there are preferential or differential costs, highlight the legal basis that justifies its
establishment.
For each service, the name and position of the responsible official and the location must be indicated,
form and time in which it can be accessed.
ii. The rules that determine their functions and, in each case, those applicable to the service
specific. For the registration of bidders, the minimum information will be that indicated in the
numeral 1.2.2. of the first chapter of this title.
iii. The procedures and procedures to which the actions are subject, specifying in a way
Detailed all the documents and requirements that must be supplied by the users and
the terms in which each procedure will be resolved.
In the case of actions subject to appeals, the
resources that proceed, as well as the form and time in which they must be filed.
iv. The system of requests, complaints and claims, hereinafter PQR, available to the Chamber of
trade and how to access it.
v. The hours of operation and the days a week in which the public will be attended must be informed
in an easily visible place at the entrance of each customer service area that it has
the chamber of commerce.
saw. The location of all its areas of attention, that is, the sectional offices or points of
attention.
vii. Have visible notices at the entrance of each customer service area in which
indicate that "By instruction of the Superintendency of Industry and Commerce and in application of
the provisions of article 26 of the commercial code and numeral 1.4.7 of the first chapter
of title VIII of circular 10 of 2001, the archives, books and documents of the registries
can be consulted freely and free of charge and the interested party can obtain copies of the
themselves. "
c) Customer service areas and available infrastructure: Chambers of commerce will adapt
each customer service area, having at least:
i. Physical area: The space, furniture, the form of access and the available implements
They must be in accordance with the number and type of users that each service area has
to the public, in such a way that they are sufficient and adequate for, on the one hand, the
Completion of the necessary documents to carry out the registration procedures and,
another, so that anyone can examine the books, the files in which they are
kept the public records or the documents emanating from them and take annotations of

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the same, in compliance with the provisions of article 26 of the Code of Commerce and
in accordance with the provisions of section 1.4.7 of the first chapter of this title.
ii. Infrastructure and personnel assignment: Chambers of commerce will have the
infrastructure and sufficient and adequately trained personnel to attend to the
users of public records so as to guarantee an agile service at the counter and
the right of turn is respected. For this purpose, seasonality must be taken into account.
of the demand for each service.
d) Training of users on the registers: Within the training programs that
Chambers of commerce must offer at no cost, must include topics related to
public records, taking into account the number of users, the training needs that are
detected by the chamber, legislative changes and instructions issued by it
Superintendence.
e) PQR: Chambers shall adopt and implement a PQR system.
The system must include, as a minimum: Sufficient physical infrastructure and human resources
suitable qualitatively and quantitatively, that allow the reception, processing and response
timely; the establishment of procedures and presentation formats; and, the adoption of
mechanisms for dissemination and knowledge of the system by users.
Chambers of commerce must carry out statistical and qualitative monitoring of their
PQR, verify the results and take the corresponding corrective measures.
f) Coverage of the registry in the jurisdiction: The chambers of commerce must adopt the measures
necessary in order to provide registration services in all the municipalities that make up its
jurisdiction.
This coverage will be acceptable if it is done directly, as well as if it is verified in association with
other chambers of commerce, through the implementation of collaboration agreements
authorized by this Entity.
For purposes of determining the coverage of the registry, the chambers of commerce will update
periodically an estimate of the potential of merchants in your jurisdiction, which may
be carried out in association or through agreements with other entities interested in the same
information, or be replaced by other suitable means of information that allow determining said
potential, such as the databases of DANE or national tax authorities or

local.
Chambers of commerce must inform the Superintendency of how they comply with
the required coverage, discriminating the sectional offices, points of attention or other
mechanisms that they have to meet the requirements of users in each municipality,
within the deadlines indicated for this purpose in the format Management report or tasks CC01-F06
annex 4.3.

*

*

External Circular No. 00006 of August 15, 2008. Published in the Official Gazette No. 47,087 of August 20, 2008.
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2.1.1.3 Financial, administrative and accounting group
a) Accounting aspects
i. Application of general accounting standards: Chambers of commerce must keep their
accounting observing the provisions of decrees 2649 and 2650 of 1993.
**

ii) Income and Expense Accounting System at the Sub-Account and Cost Center Level

:

The accounting records of the operations and economic facts of income and expenses of the
Chambers of Commerce will be kept separately in accordance with the public nature or
deprived of the activity or service that generated or motivated them.
For this purpose, the accounting systems of the chambers of commerce must incorporate at the
subaccounts, mechanisms for separating income and expenditures into public and private and
Simultaneously allocate said records to the cost centers that identify the
services, programs, projects, departments or areas that generate or receive the
income and expenses.
In compliance with Circular 60 of the General Accounting Office of the Nation and Circular No. 5 of
2005 issued by the Superintendency of Industry and Commerce, the chambers of commerce, through
of the Confederation of Chambers of Commerce CONFECAMARAS, prepared the Manual of
Principles, Rules, Procedures and Classification of Income and Expenses of Public Origin and
Private Chamber of Commerce, the Catalog of Cost Centers and User Manual and the
Basic Income Statement Report Model, which were approved by this
Superintendency according to communications of December 19 and 22, 2005, filed under No.
05127557, and they are mandatory for the chambers of commerce as of 1
January 2006, as established in number 6 of Circular No. 5 mentioned above, without
detriment to compliance with other regulatory provisions that may be applicable to them on the matter.
applicable.
Without prejudice to the approval granted by the Superintendency of Industry and Commerce to
Income and Expense Accounting System at the Sub-Account and Cost Center Level, the
interpretation and application of the rules and criteria established therein, will be fully
responsibility of each chamber of commerce.
b) Requirements for affiliation: The adoption and application of the requirements that are required of the
merchants to join the chambers of commerce, must comply exclusively with the
provided in articles 19 and 92 of the commercial code and be known by those registered in
general. The required requirements may not establish discriminatory conditions.

**

External Circular No. 009 of October 11, 2007. Published in the Official Gazette No. 46,783 of October 16, 2007.
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c) Compliance with terms: The procedures and information that are sent to this Superintendency,
They must be filed with this entity in accordance with the established legal terms.
iii) The Chambers of Commerce must submit to the Comptroller General of the Republic and the
Superintendency of Industry and Commerce, a balance sheet as of December 31, 2005,
classifying assets, liabilities and equity in public and private ** .
For this purpose, the Chambers of Commerce will establish the methodological model and the criteria of
classification of assets, liabilities and equity in public and private, in accordance with the following
schedule of activities:
Schedule of activities to implement the provisions of Article 5 of Decree 4698 of 2005

ACTIVITY

DEADLINE
dd / mm / yy

DOCUMENT

1 Formation of the work and coordination team.

Certificate of conformation or 04/28/2006
authorization of each of
the Chambers of Commerce.

2 Definition of homogeneous historical periods with their
corresponding legal support for the
identification and classification of assets, liabilities and
patrimony as public or private, as well as the
definition of strategic cut-off dates.

Document

05/08/2006

3 Survey of the economic profile of each of the
defined periods, from a sample made up
by chambers of different income levels that
represent in quantity 15% of the total of them.

Document and supports

05/26/2006

4 Definition of the criteria and methodological model of
classification of assets, liabilities and equity in
public and private for each of the periods
Defined historical data (roadmap).

Document
Model

detailed-

06/29/2006

5 Application of the classification criteria and methodology
Certification
of
by each of the Chambers of Commerce to
legal representative, the
identify public assets, liabilities and equity and
accountant and tax auditor.
private companies on the balance sheet with a cut-off of 31
December 2005.

08/15/2006

6 Presentation of the classified balance sheet in public
and private as of December 31, 2005.

**

Balance
general 08/28/2006
classifying assets, liabilities

External Circular No. 01 of April 11, 2006. Published in the Official Gazette No. 46,244 of April 19, 2006.
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and heritage in public and
private.
1. Formation of the work team and coordination
The Chambers of Commerce, by mutual agreement, must form a work team that will be in charge of
to coordinate the development of the activities foreseen in the schedule, for presentation to the
Comptroller General of the Republic and the Superintendency of Industry and Commerce of a balance sheet
as of December 31, 2005, which reflects in assets, liabilities and equity, resources and
goods from the administration of public records of those that are considered private,
no later than August 28, 2006.
For this purpose, the Chambers of Commerce must define the rules for making decisions, which,
once adopted, they will be binding on all chambers.
In any case, the development of the activities foreseen in the schedule will be the responsibility of each
Chamber of Commerce.
The Chambers of Commerce, through Confecámaras, must file in this Superintendency in addition to
be due on April 28 of this year, the act of formation of the work and coordination team, in the
containing the rules adopted to make decisions and carry out the activities envisaged in the
schedule established in this circular.
In the event that decision-making is delegated to the Board of Directors of Confecámaras, or another group of
Chambers of Commerce, the respective act must be accompanied by the corresponding authorizations
through which each Chamber of Commerce delegates said work.
2. Definition of historical and homogeneous periods with their corresponding legal support for the
identification and classification of assets, liabilities and equity as public or private, as well as the
definition of strategic cut-off dates.
The Chambers of Commerce must carry out a legal study that allows establishing the rights
(rates) that the government authorized to charge the Chambers of Commerce for the provision of the service
public of record. For the above, they must define historical and homogeneous periods and identify dates
strategic cutting.
The Chambers of Commerce through Confecámaras, must file in this Superintendency a
document that compiles the regulations and the corresponding study no later than May 8, 2006.
3. Survey of the economic profile of each of the defined periods, from a sample
made up of chambers of different income levels that represent in quantity 15% of the total
the same.

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The Chambers of Commerce must collect accounting information that allows them to determine the
behavior of their public and private income and expenses within the periods defined in the
previous paragraph, in order to establish uniform criteria for the classification of its assets, liabilities and
public and private equity in each of the defined periods.
The study information for each of the periods should cover a period of no less than five years.
The result of this process must be reported to this Superintendency through Confecámaras on 26
May 2006, accompanied by the procedures adopted and supports that account for the data
obtained, which must be signed by the legal representative, the accountant and the fiscal auditor of each
Chamber of Commerce.
4. Definition of the criteria and methodological model for the classification of assets, liabilities and equity in
public and private for each of the defined historical periods (roadmap).
The Chambers of Commerce, by mutual agreement, must define the criteria and methodology that they will adopt
for the purposes of classifying assets, liabilities and equity corresponding to the balance sheet with a cut-off point
December 31, 2005, in public and private. For this purpose, the results will be taken into account
obtained in the legal study and in the evaluation of the economic profile referred to in points 2 and 3 of the
present schedule.
The document that gives an account of the criteria and methodological model of classification adopted by the
Chambers of Commerce by mutual agreement, must be filed by the Confederation of Chambers of Commerce.
Commerce, Confecámaras, at the Superintendency of Industry and Commerce on June 29, 2006.
5. Application of the classification criteria and methodology by each of the Chambers of Commerce
to identify public and private assets, liabilities and equity in the balance sheet with a cut-off of 31
December 2005.
Each Chamber of Commerce will be responsible for the application of the criteria and methodology adopted from
uniformly by all Chambers of Commerce, to separate the assets, liabilities and equity of the
balance sheet as of December 31, 2005 in public and private.
This activity must conclude on August 15, 2006 and its compliance must be certified by the
legal representative, the accountant and fiscal auditor of each Chamber of Commerce, within eight days
following the deadline indicated in the schedule.
6. Presentation of the general balance sheet classified in public and private as of December 31, 2005.
Each Chamber of Commerce must file with this Superintendency no later than August 28, 2006,
the balance sheet as of December 31, 2005, classified in public and private subscribed by the
legal representative, the accountant and the fiscal auditor.

iv) In accordance with the provisions of Article 7 of Decree 4698 of 2005, the chambers of
trade must proceed before June 23, 2006, to the registration in the respective registry,
of the goods acquired with public resources, specifying the nature of the resources used
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in its acquisition and taking into account for the effect any of the following criteria of
identification ** :
- Accounting source: When the goods subject to registration are classified and registered
in the accounting books as real estate acquired with resources of public origin.
- Direct source: When regardless of the classification or accounting record of the
goods subject to registration, these have been acquired with resources from the provision
of services of the registry activity.
- Indirect source: When whatever the classification or accounting record that the
object of registration, its acquisition has been made with resources from the
redemption of investments or sale of movable property, in turn, acquired with resources from the
registration activity or with financial returns, revenues, fruits, dividends and others
civil or natural uses that have produced other assets acquired with resources
of public origin.
- Source in the surplus: When the acquisition of the goods subject to registration has been made
with the accumulated resources of the Surplus of public origin, taking for the effect as
reference the accumulated surplus as of December 31 of the year immediately prior to the date
of the acquisition.
- Credit source: When the real estate has been acquired with a mortgage credit and the
initial quota has been covered with resources of public origin, or the returns or redemption of
these and the repayment installments of the term are being covered or it is planned to comply with
resources of public origin.
If, despite the stated identification criteria, it is necessary for the chamber
trade, carry out studies and gather supports and evidence for the complete identification of a
either as a public, or to determine the proportion that corresponds to it if these have been
acquired with public and private resources and for such reasons it was not possible to comply with the
registration term indicated in Decree 4698 of 2005, the respective chamber of commerce
must file on a date prior to June 23, 2006, request for an extension of the term before the
Superintendency of Industry and Commerce indicating the reasons on which the
difficulty in complying with the registration, in detail for each of the goods
liable to be classified as real estate acquired totally or partially with resources of
public origin.
In the same request, the chambers of commerce will indicate the inventory of real estate
owned with a cut-off as of May 30, 2006, indicating for which ones it advanced or will advance within
of the term provided for the corresponding registry and for which it requests a term. Also, bliss
application must contain the following information:

**

External Circular No. 003 of June 14, 2006. Published in the Official Gazette No. 46,300 of June 15, 2006.
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Cadastral Certificate, location (address), deed number (notary and date), acquisition value
asset, inflation-adjusted book value of asset, accumulated depreciation value, classes
of resources used for its acquisition (public and private) and destination of the property.
Once the real estate registration has been carried out, the possibility of the emergence of the
Obligation of new records that may result from the completion of the activities
advanced in development of the provisions of External Circular April 1, 2006.
Thus, new property registrations or adjustments to those already made, are not
considered untimely, as long as said goods are included in the inventory of
real estate for which an extension of the term was required by the respective chamber of
trade before June 23, 2006.
*

v) Personal property subject to registration
.
For the purposes of complying with the provisions of article 7 of Decree 4698 of 2005,
With respect to the goods listed below by way of example, the Chambers of
Commerce must expressly indicate, in the acts of acquisition and in the registry
corresponding, if they were acquired with resources of public origin:
Ships and aircraft
Motor vehicles
Trademarks
Business slogans
Invention patents
Industrial designs
Utility models
The Chambers of Commerce must request the competent authorities the express annotation
"resources of public origin", when the assets and the registry meet the following requirements:
- That original resources have been used in the acquisition of ownership of the goods
public.
- That the registry has the nature of a public registry.
- That the act of registration has the character of constitutive of the ownership of the good that is registered.
For goods related to industrial property, such as distinctive and new signs
creations, which are acquired or formed with the use of resources of public origin, the
Chambers of Commerce must indicate the origin or source of the resources in the same form
of request. In the case of existing records, the Chambers must inform, by means of
letter addressed to the Delegate Superintendent for Industrial Property, the origin of the resources
*

External Circular No. 004 of October 26, 2006. Published in the Official Gazette No. 46,437 of October 30, 2006.
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used for their acquisition or training, identifying the distinctive sign or new creation to the
referenced.
Regarding the way of making the annotation for the registration of other movable property,
required in Decree 4698 of 2005, taking into account the competence of each authority
registry for this purpose, this Superintendency will request said authorities to adopt the
mechanisms and procedures that allow receiving, in the corresponding registry, the annotation
related to the origin of the resources used in the acquisition of the asset.
2.1.2. Evaluation of the chambers of commerce.
The groups of public records, customer service and administrative and accounting, will be evaluated
based on the following reports sent by the chambers of commerce to the Superintendency
of Industry and Commerce, in the terms and conditions indicated below.
2.1.2.1 Periodic information.
a) Annual work program:
This report should indicate the activities of registration, attention to users and
administrative, which will be developed during the following year. It will include for each
activity, its coverage, the scheduling dates and the required budget.
The activities that are included in this program will correspond to those that have as
purpose to improve what is done on a daily basis to increase efficiency and quality in
the provision of the registration service.
The program must expressly state that the parameters were taken into account
indicated in this circular and that budgetary allocations are only being made for
matters other than the records once the optimum level has been reached in each and every one of the
the fields discussed here. In the event of deviations, the same persons
They will indicate what they were and will give the reasons why this happened.
Chambers of commerce must prepare this report annually in the annual program format
*
working, CC01-F05
Annex 4.1, submit it for approval of the board of directors and file it in this
Superintendency within the terms established in numeral 2.1.3 of this circular.
b) Statistical report of the records:

*

External Circular No. 00006 of August 15, 2008. Published in the Official Gazette No. 47,087 of August 20, 2008.
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Every six months the chambers of commerce must file with the Superintendency of Industry
and Commerce, the Statistical Report of Public Registries, as requested in the format
CC01-F01 * Annex 4.2 that is part of this Circular, without prejudice to the foregoing, this
Superintendency may request partial and / or complementary reports when it deems it necessary.
necessary.
c) Management or work report and concept on the economic situation of their respective
zones:
In accordance with the provisions of paragraph 11 of article 86 of the Commercial Code, the
Chambers of Commerce will present a work report. Said report must refer to the
management of public records, customer service, budgeting, financial, administrative and
internal control; presenting a description of the achievements of the advanced management during the
validity, indicating the relevant results, the fulfillment of the objectives and the program
annual work done, administrative and institutional strategies and other activities
aimed at the fulfillment of the assigned functions.
The management or work report must be prepared annually and sent by the representative
chamber of commerce within the term established in numeral 2.1.3 hereof
Circular.
For its part, the concept of the economic situation of their respective areas should
be prepared and made available to users and authorities that require it. " **
d) Balance sheet, income statement and opinion of the statutory auditor:
The chambers of commerce must file annually with the Superintendency of Industry and
Commerce, the balance sheet and the income statement, according to the Balance Sheet formats
Comparative CC01-F02 * appendix 4.4 and Comparative Income Statement CC01-F03 * appendix 4.5
comparatively with the immediately preceding period, prepared in accordance with the
current accounting standards.
The financial statements must be filed with the Superintendency of Industry and Commerce,
accompanied by their attached notes and the opinion of the fiscal auditor.
The notes to the financial statements, as well as the certification and opinion of the statutory auditor
must comply with the provisions of the second title, third chapter of Decree 2649 of 1993 and
in articles 37 and 38 of Law 222 of 1995, respectively.

External Circula No. 00006 of August 15, 2008. Published in the Official Gazette No. 47.087 of August 20,
2008
** External Circular No. 003 of March 12, 2010. Published in the Official Gazette No. 47.652 of March 15, 2010
*

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This Superintendency may request intermediate accounting statements and complementary reports
to them when deemed necessary.
e) Budget information:
Chambers of commerce must provide the budget information requested in the
Comparative Statement of Results format CC01-F03 * annex 4.5.
f) Proof of board of directors meeting:
In application of the provisions of articles 11 of Decree 1520 of 1978 and 20 of Decree 898
of 2002, the secretaries of the chambers of commerce must send this Entity, proof of
of the meeting observing the provisions in the form of the Board of Directors' Meeting Certificate
CC01-F04 * annex 4.6.
g) Annual Evaluation Survey of Chambers of Commerce:
Based on numeral 11 of article 89 of the Commercial Code and other regulations
Regarding the administration and management of the chambers of commerce, they must annually
fill out each of the questions contained in the Annual Evaluation Survey of
Chambers of Commerce, Annex 4.3. of the Sole Circular, and send it within the established term
in numeral 2.1.3 of this Circular **
2.1.2.2 Eventual information
a) Improvement plans:
According to the results of the evaluation in development of the SEC system, the
chambers of commerce the adoption of improvement plans, in order to adjust the
aspects indicated by the Superintendency.
These improvement plans must indicate the activities to be carried out, the dates
planned execution and those responsible for executing them.
In case of deviations in the execution dates or other of the elements before
indicated, those responsible will indicate the reasons for this having happened and if
It is necessary to modify the conditions reported to the Superintendency of Industry and Commerce.
Said circumstance will be reported to the Division of Chambers of Commerce at least ten
(10) days before the implementation of the change and in any case before the date of
completion indicated in the improvement plan.
External Circular No. 00006 of August 15, 2008. Published in the Official Gazette No. 47,087 of August 20, 2008.
** External Circular No. 00001 of January 5, 2011. Published in the Official Gazette No. 47,943 of January 5, 2011.
*

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The improvement plans will be subject to the verification of this Superintendency and before its
non-compliance, the Superintendency will adopt any of the actions provided for in the law.
2.1.3. Periodicity
In accordance with the provisions of numeral 11 of article 86 of the Commercial Code, the
The required information must be filed with the Superintendency of Industry and Commerce, in the
periodicity indicated and at the latest within the following periods:
Monthly: Within 8 days following the end of the month.
Semiannual: Within 15 days following the expiration of each semester in June and
December.
Annual:
Until January 31 of each year *
2.1.4. Control actions by the Superintendency.
The Superintendency will adopt any of the actions provided for in the law, as appropriate.
to particular circumstances, in order to correct the situation detected or prevent its occurrence or
upsurge.
2.1.5. Formats
Subsection Tacitly Repealed

*

Adopt the formats CC01-F05 * annex 4.1 and CC01-F06 * annex 4.3 called "program
annual work ”and“ management or work report ”, respectively.
2.2 Approval of reforms to the internal regulations
2.2.1. General authorization regime
For the purposes of the provisions of articles 2 numeral 7 and 11 numeral 7 of Decree 2153 of 1992, in
in accordance with article 86 numeral 10 of the commercial code, the reforms to the regulation
internal chambers of commerce shall be deemed approved with the authorization given by the
competent body for this purpose within the internal structure of the chamber, provided that they have
attended the legal and statutory requirements. For this purpose, the following must be respected
rules:

*
*

External Circular No. 00001 of January 5, 2011. Published in Official Gazette No. 47,943 of January 5, 2011
* External Circular No. 00006 of August 15, 2008. Published in the Official Gazette No. 47,087 of August 20, 2008.
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a) Content of the internal regulations: To issue the corresponding authorization, the body
The competent authority will take into account that the internal regulations must contain at least the
following aspects:
- Of the board of directors and its officials;
- Of the legal representative;
- The secretary and his functions;
- Of the fiscal auditor;
- Of the affiliate regime;
- Of the patrimony; Y
- Of the reforms to the internal regulations.
b) Information on the reforms adopted: The chambers of commerce will inform the
Superintendency of Industry and Commerce, on the reforms to internal regulations, within
of the five (5) days following its approval by the competent body, through
sending the corresponding certificate and a certification signed by the legal representative and the reviewer
prosecutor, who will personally commit that the legal requirements have been met
and statutory for the effect.
When the Superintendency of Industry and Commerce finds that the reforms do not conform to
The law may order the pertinent modifications, in which case the chamber shall, in the
immediate, advance the conducive actions for that purpose.
2.2.2. Special approval regime
In case of modifications to the regime of legal representation, of affiliates and those that affect
Directly or indirectly the operation of public records, prior approval will be required
of the Superintendency of Industry and Commerce.
The Chambers of Commerce that have been sanctioned by the Superintendency of Industry and
Commerce and those that are created will require approval prior to modifications to the regulation
internal, for a period of six (6) months from the execution of the resolution or the
publication of the respective decree.
2.3 Creation of sectional offices of the chambers of commerce
Decree 2153 of 1992 eliminated the function of approving the creation of sectional offices of the
chambers of commerce contained in decree 1520 of 1978. Consequently, the chambers of commerce
trade are relieved of the obligation to submit to the approval of the Superintendency the
creation of sectional offices.
For the purposes of the provisions of article 2 number 7 of decree 2153 of 1992, the chambers of
Commerce will send to this entity the information on the creation of sectional offices highlighting
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the circumstance of the approval in the record of the meeting of the board of directors foreseen in the
literal h) of numeral 2.1.3.2 above.

2.4 Membership fees charged by chambers of commerce
Numeral 10 of article 86 of the commercial code assigns to the chambers of commerce the function
to dictate its internal regulations, which must contain the membership system and be approved by the
Superintendency of Industry and Commerce, as well as the reforms to them, in accordance with
Article 6 of Decree 1520 of 1978.
Article 124 of Law 6 of 1992, authorizes the National Government to set the amount of the fees that
should be paid in favor of the chambers of commerce for the concept of the commercial register and
establishes that the annual fees that the regulation designates for affiliated merchants and
registered, are voluntary in nature.
Therefore, the chambers of commerce may establish voluntarily and without prior approval
by this Superintendency, the affiliation fees for merchants. However,
These must be reported to this Entity, by virtue of the provisions of article 87 of the Code
of commerce and in numeral 7 of article 2 of decree 2153 of 1992.
Notwithstanding the foregoing, the chambers of commerce by increasing the annual membership fees
they will take into account the inflation levels projected by the National Government.
2.5 Budget of the chambers of commerce
On the occasion of the issuance of Decree 2153 of 1992, issued pursuant to Article 20
transitory of the Political Constitution, the function of approving budgets of the chambers was eliminated
of commerce and its additions or transfers, contained in the commercial code and in decree 50 of
nineteen eighty one.
Consequently, the chambers of commerce are relieved of the obligation to submit to the
approval of this Superintendency the budgets, their additions and transfers.
2.6 Contribution of the chambers of commerce destined for the Superintendency of
Industry and Commerce
The chambers of commerce will pay annually to the Superintendency of Industry and Commerce the one
percent (1%) of the approved budget, in three (3) equal amounts payable as follows:
First counted no later than March 30;
Second counted no later than June 30; Y
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Third counted no later than September 30.
Consequently, it will be applied to the budgets of each year.
The payment of one percent (1%) for additions to the budget of each term, will be canceled within
of the ten (10) days following the issuance of the approval act.
Payment will be made by consignment in a cashier's check or in cash to: DTN Superindustria
*
and Commerce, checking account No. 050-00110-6, Banco Popular, Bogota Branch.
In order to liquidate the rights that must be canceled to this entity, the chambers of commerce
they will send a certification from the fiscal auditor regarding the budget amount and its additions
within ten (10) business days following its approval.
2.7 Authentication of certificates issued by chambers of commerce
In accordance with the provisions of article 89 of the commercial code, every chamber of commerce
It will have one or more secretaries, whose functions will be indicated in the respective regulations. The
Secretary will authorize with his signature all the certifications issued by the Chamber in exercise of its
functions.
In accordance with the provisions of the aforementioned rule, Article 6 of Decree 1520 of 1978, when dealing with
on the statutes of the chambers of commerce, it provides that they must contemplate at least,
among other points, what is related to the secretary and his functions.
In this order of ideas, given the inconveniences presented in the authentication by the
Superintendency of Industry and Commerce of the firms of those who act as secretaries of the
Chambers of Commerce in the issuance of the certificates of the mercantile registers, of proposers
and non-profit entities, the chambers must first verify that the person
The person in charge can exercise this function in accordance with the statutes and send the appointment
within five (5) days following the one in which it occurs, accompanied by the signature
to be used by the official in the fulfillment of the function of secretary.
The Superintendency of Industry and Commerce will verify compliance with the provisions of the
statutes of the chamber of commerce and will refrain from authenticating the certificates when the
respective entity has not complied with the aforementioned, being the responsibility of the same
the damages that are caused to the users and without prejudice to the sanctions derived from the
non-compliance with the instructions given in this regulation.

*

External Circular No. 015 of December 3, 2001. Published in the Official Gazette No. 44,639 of December 7, 2001.
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2.8 Procedure for electing the tax auditors of the chambers of commerce **
In accordance with the provisions of article 23 of Decree 898 of 2002, it will correspond to the
assemblies of the chambers of commerce the appointment of the fiscal auditor and their respective
alternates. For this purpose, the chambers of commerce must observe the following procedure:
to. The Board of Directors of the Chamber of Commerce at the board meeting scheduled for the month of
March of the year of the election, will adopt the terms of the invitation stating, as a minimum:
i) The object of the invitation;
ii) The fees to be paid;
iii) The elements that the proposals must contain, such as:
• Resumes of the main and alternate applicants.
▪ If you are a legal person, indication of the natural person who will provide the service under your
responsibility.
▪ Photocopy of the identity card and professional card.
▪ Express declaration that will be understood to have been provided with the presentation of the proposal
that the natural person aspiring to the position or the accounting firm and the person
natural appointed by her, both to serve as the main fiscal auditor or
substitute (s) are not involved in grounds of disability or incompatibility
established by law.
▪ Recent certificate of disciplinary history of the main applicants and
alternates, issued by the Central Board of Accountants.
▪ The experience related to the position.
▪ The acceptance of the position by the applicant in case of being elected.
▪ Name and identification of the substitutes for the statutory auditor.
iv) Deadline to apply, which in any case will be within the first fortnight of the
May month of election.
b) The legal representative of the chamber of commerce observing the previous terms,
will proceed to invite natural and legal persons interested in carrying out the tax audit
of the entity, so that they apply within the first fortnight of the month of May of the year of
the election, invitation to be made by publication which, taking into account the date
limit to apply, it must be done at least two (2) times in the first fortnight
of the month of May of the year in which the election is held. Said publication will be made in the
same means authorized for the election of the board of directors;

** External Circular No. 001 of February 3, 2004. Published in the Official Gazette No. 45,457 of February 10, 2004.
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c) The Legal Representative of the Chamber of Commerce, within five (5) business days
following the publication of the invitation, it will verify that the people who apply meet
the requirements in the terms of the invitation. All those people who meet
with the aforementioned requirements, the candidates will be presented for consideration by the
assembly, to be elected as main and alternate fiscal auditor (s) of the respective
camera;
d) The list of applicants to be elected main and alternate fiscal auditor (s) must, as well
itself, be published at least once in the second half of May, in the same
means established for the publication of information for the election of the Board
Directive;
e) The day of the elections will be arranged at the same voting tables of candidates for the
board of directors, of a ballot box destined to cast the votes by the main fiscal auditor and
alternate;
f) In other matters related to the election of the main and alternate fiscal auditor (s),
adopt a procedure similar to that established for the election of the board of directors, including
everything related to sectional offices, ballot boxes, voting tables, appointment of
juries, ballot box scrutiny, and other aspects necessary for the election.
Those who obtain the majority will be elected as main and alternate fiscal auditors.
of valid votes cast.
At the latest within five (5) business days following the election, the chambers of
Commerce will inform the Superintendency of Industry and Commerce the name, document of
identity, professional card and signature of the main and alternate tax auditors (s) who have
been chosen.
2.9 Aspects related to the election of Directors of the Boards of Directors of the
Chambers of Commerce * .
2.9.1. The Assembly for the election of directors of the chambers of commerce is held every two
years in their own right, on the day and time set forth in Article 2 of Decree 726 of
2000, so no call is required.
2.9.2. The registration of the lists of candidates for directors of the chambers of commerce must
be carried out during the first fortnight of the month of May of the year of the election. For him
In effect, it will be understood that said term expires on the last business day of the first fortnight of the
*

External Circular 009 of 2005, Published in Official Gazette No 46109 of December 1, 2005
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cited month, without it being understood, in any case, that the expiration of the term is
carries over to the first business day of the second fortnight.
2.9.3. In the municipality or district in which there are minor mayors, the registration of the list (s)
It must be supplied in the main mayor's office of said municipality or district.
2.9.4. In the elections by enrolled or by affiliates, whoever registers the list will only need to have
the quality of registered merchant, with valid registration as of March 31 of the year of the
choice.
2.9.5. Modification of the list (s) may only be supplied, as provided in Article 5 of the
Decree 726 of 2000, until the last business day, inclusive, of the first fortnight of the month of
May. For this purpose, it will be understood that said term expires on the last business day of the first
fortnight of the cited month, without it being understood, in any case, that the expiration of the
term is moved to the first business day of the second fortnight.
2.9.6. For the purposes of the provisions of Article 5 of Decree 726 of 2000, it is understood that a
person appears in more than one list, when there is evidence of acceptance in several
lists.
2.9.7. Each line of the lists must be registered with a main member and an alternate member. If he
principal or alternate does not meet all the requirements indicated in the law, it will be understood
not inscribed the whole line.
2.9.8. To determine the number of members of the board of directors of a chamber of commerce,
Only merchants, natural or legal persons, with registration will be taken into account
effective as of December 31 of the year prior to the election. They will not be taken into account, for the
effect, commercial establishments, branches and agencies.
2.9.9. The election of directors of the chambers of commerce will correspond to the merchants
affiliates, if the chamber of commerce has 300 or more registered merchants
current and the total number of affiliates with current enrollment on the last business day of the month of
March is higher than 10% of the total number of merchants with registration valid as of March 31,
year in which the election is held.
To determine the number of merchants, only persons will be taken into account
natural and legal entities, not including commercial establishments, branches and
agencies.
To determine the number of affiliates affiliate merchants will be taken into account, this
is, those affiliated natural and legal persons and companies with main domicile

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outside the jurisdiction of the chamber whose election is concerned, that have a branch
registered in said jurisdiction.
2.9.10. Repealed. *

2.9.11. It is understood that the registered merchant who is not up to date in the renewal of
commercial registration, cannot be excluded from the Mercantile Registry and, therefore, maintains
its registered status. However, you can only participate in the election as
candidate and as a voter, provided you cancel late renewals no later than
the last business day of March of the election year.

2.9.12. Repealed †
2.9.13. It is understood that the affiliate loses such quality, when he fails to pay the annual fee
of affiliation, according to the internal regulation of each chamber of commerce, or when not
renews its commercial registration within the first three months of the year or when
fails to comply with any of the other obligations indicated in the respective
affiliates.
2.9.14. Loss of affiliate status operates automatically, once the affiliate defaults
any of the obligations mentioned in the previous paragraph, which implies the
interruption of the time of permanence in such capacity that the law requires so that it can
stand as a candidate for the elections of members of the board of directors.
2.9.15. Once the enrollee is up to date with the obligations imposed by the quality of affiliate,
the respective chamber of commerce may again grant you the quality of affiliate and, in such
In this case, the term of permanence in said capacity will begin to be counted again for
effects of subsequent applications.
2.9.16. Registered or affiliated merchants may pay, as appropriate, the choice to
one or the other, provided that they are up to date in their obligations as such on the last business day of
March of the election year.
2.9.17. For the purposes of determining the quality of the voter, the condition of having had the
quality of affiliate or enrolled, as the case may be, during the previous two calendar years,
since the law did not provide for such a requirement.

External Circular No. 001 of February 2, 2010. Published in the Official Gazette No. 47,617 of February 8, 2010.
† External Circular No. 001 of February 2, 2010. Published in the Official Gazette No. 47,617 of February 8, 2010.
*

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2.9.18. The jury designated by the chamber of commerce for each voting station may be
composed of one or more registered or affiliated merchants, as the case may be.
2.9.19. Voting in elections held in chambers of commerce is personal and cannot be delegated.
It will not be possible to pay through a proxy. Commercial legal persons will vote to
through your legal representative.
2.9.20. The lists cannot be contested. The challenge only proceeds against the elections in
the terms indicated in the law.
2.9.21. For the purposes of this circular, it will be understood that the last business day of the month of
March will be that day of this month until which the chamber of commerce receives renewals
of tuition by any means.
2.10. Aspects related to the directors appointed by the National Government in the
boards of directors of chambers of commerce. *
2.10.1. To the members of the board of directors appointed by the National Government, the
automatic vacancy of the position of director, referred to in the first paragraph of article 18 of the
Decree 726 of 2000, due to his absence without just cause at five (5) meetings of the board
directive.
2.10.2. The procedure used to determine the automatic vacancy of the members of the
National Government or to present the respective excuses, it will be the same that is set in the
statutes for managers elected by merchants. In case it is not found
regulated said procedure, the justification for the absence must be given in the same
meeting or, at the latest, in the next session.
2.10.3 In the event of a definitive vacancy for any of the designated members
by the National Government, the president of the board of directors must proceed to inform the
Ministry of Commerce, Industry and Tourism within the following five (5) business days,
so that it can be replaced.
2.10.4. In the case of Directors appointed by the National Government, the alternate will replace
the principal in his temporary and absolute fouls and, in this last event, his replacement will be
Until a new appointment of the principal is made by the National Government.

*

External Circular No. 003 of February 3, 2011. Published in the Official Gazette No. 47,973 of February 4, 2011.
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P

TITLE IX ASSESSORS ............................................... .................................................. ...................... 1
CHAPTER ONE GENERALITIES ............................................... .................................................. .. 1
1.1
1.2
1.3
1.4
1.4.1
1.4.2
1.4.3

Creation of the national registry of appraisers ............................................ ...................... 1
Specialties of the national registry of appraisers ............................................ .................... 1
National registry number of appraisers ............................................ ................................. 2
Content of the national registry of appraisers ............................................ ............................ 2
Natural persons appraisers ............................................... ................................................. 2
Legal entity appraisers ............................................... .................................................. 3
Report of disabilities, incompatibilities or challenges ........................................... ........ 3

CHAPTER TWO PROCEDURES FOR THE NATIONAL REGISTRY OF ASSESSORS ............... 3
2.1
2.2
2.3
2.4

Registration procedure for natural persons ............................................ ..................... 3
Registration procedure for legal entities ............................................ ...................... 3
Update of information.............................................. .................................................. .. 3
Processing of applications .............................................. .................................................. ........... 4

CHAPTER THREE FINAL PROVISIONS .............................................. ....................................... 4
3.1
3.2

Information from the national registry of appraisers ............................................ .......................... 4
Transitional regime ................................................ .................................................. .................. 4

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TITLE IX

APPRAISERS

CHAPTER ONE GENERAL
1

1.1 Creation of the national registry of appraisers
The national registry of appraisers will be made up of the list of appraisers registered with the
Superintendency of Industry and Commerce.
1.2 Specialties of the national registry of appraisers
The national registry of appraisers will be organized according to the following specialties:
a) Urban real estate: Houses, apartments, buildings, offices, commercial premises, land and
warehouses located totally or partially in urban areas.
To determine if the property is rural or urban, the delimitation made by
the competent authorities.
b) Rural properties: Rural land with or without constructions, such as houses, buildings,
stables, sheds, fences, irrigation systems, drainage, roads, soil adaptation, wells,
crops, plantations, agricultural holdings and other farm infrastructure located
totally in rural areas.
c) Architectural conservation buildings and historical monuments.
d) Special properties: Includes shopping centers, hotels, schools, hospitals, clinics,
progress of works, special structures for process, bridges, tunnels, aqueducts and
pipelines, dams, airports, piers, and other civil infrastructure constructions
Similary. Includes all properties that are not classified within the previous numerals.
e) Industrial machinery and process equipment: Electrical and mechanical equipment for use in industry,
motors, plant substations, electrical panels, generation equipment, power substations
transmission and distribution, transmission and distribution equipment and infrastructure,
construction, earthmoving, and machinery for production and processing.
f) Computer equipment: Microcomputers, printers, monitors, modems and other accessories
these equipments, networks, main frames, special peripherals and other accessory equipments of these.
Telephone, electromedical and radio communication equipment.

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g) Vehicles: Land transport vehicles such as cars, camper vans, trucks, buses,
tractors, trucks and trailers.
h) Ships and aircraft.
i) Businesses: Business establishments, ongoing businesses, good-will, business premiums,
inventories, raw material, product in process and finished product.
j) Financial assets: Stocks, futures, options and real estate securities, bonds, ADRs, cédulas
mortgage and securities and securities in general, insurance, portfolio.
k) Art and jewelry.
l) Intellectual property.
m) Natural resources: Environmental assets, mines, deposits and mineral exploitations.
n) Livestock: Livestock and furniture not classified elsewhere.
ñ) Other: If the location of the asset object of the appraisal is not possible, taking into account its
nature and destiny.
All specialties include appraisals that assess rights and obligations over assets
indicated in each of them.
1.3 National registry number of appraisers
Each appraiser will have a registration number, corresponding to the consecutive number granted by
the Superintendency of Industry and Commerce at the time of filing the request for
inscription.
1.4 Content of the national registry of appraisers
There will be a record for each appraiser and each record must contain the following information:
1.4.1 Natural persons appraisers
- Name, number and type of identification document;
- Registration number in the national registry of appraisers;
- Specialty (s) in which you are enrolled;
- Profession of the appraiser;
- Years of experience.
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1.4.2 Legal entity appraisers
- Name of the legal person and NIT;
- Registration number in the national registry of appraisers;
- Specialty (s) in which you are enrolled;
- Commercial registration number or identification of the act by which it was recognized
legal status;
- Identification of the legal representative.
1.4.3 Report of inabilities, incompatibilities or challenges
In which the data of the administrative act that has resolved on the existence of
causes of inability, incompatibility or reason for disqualification.

CHAPTER TWO PROCEDURES OF THE NATIONAL REGISTRY OF ASSESSORS
two

2.1 Registration procedure for natural persons

Natural persons who request registration as appraisers in the national registry of
Appraisers must fill out the form determined for this purpose by the Superintendency of
Industry and Commerce (National appraiser registration form 1000-F01 annex 5.1), in original and
copy.
2.2 Registration procedure for legal entities
Legal persons that request registration as appraisers in the national registry of
Appraisers must submit, completed through their legal representative, the form
determined by the Superintendency of Industry and Commerce for this purpose (Registration form
National Appraisers 1000-F01 Annex 5.1 ) , in original and copy.
2.3 Updating of information
In order to keep the national registry of appraisers updated, registrants will be able to report
to the Superintendency of Industry and Commerce all the news in the registry data,
by completing the format established by this Entity for this purpose (Form 1000
F01 annex 5.1.).
The Superintendency will consolidate the information and add it to the work on the appraiser
corresponding mentioning the date of update.

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2.4 Processing of applications
The registration made in accordance with the rules established in this title, will be
automatic and the Superintendency of Industry and Commerce will issue to the interested party a
your registration data, which will correspond to the copy of the registration form duly
settled.

CHAPTER THREE FINAL PROVISIONS
3

3.1 Information from the national registry of appraisers
The national registry of appraisers is public and anyone can consult the information
that rests on him.
3.2 Transitional regime
Until July 1, 2001, those who
appear in the lists of the auctioneers or entities or associations of appraisers.

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P.

T Itulo X INDUSTRIAL PROPERTY ............................................. .................................................. ........ 1
CHAPTER ONE GENERAL PART .............................................. .................................................. ........ 1
1.1
Industrial property rates * ............................................. .................................................. ... 1
1.1.1
New creations fees .............................................. .................................................. ..... 1
1.1.1.1
National applications ................................................ .................................................. .............. 1
1.1.1.2
International applications - PCT (Patent Cooperation Treaty) ............. 1
1.1.1.2.1
National phase ................................................ .................................................. ............................. 1
1.1.1.3
Fees common to national and international applications in the national phase ............................ 2
1.1.1.3.1
Actions in process: .............................................. .................................................. ................ 2
1.1.1.3.2
Actions after the award: ............................................ .......................................... 2
1.1.1.4
Patent bank services: ............................................ .................................................. . 3
1.1.2
Distinctive signs fees .............................................. .................................................. ........ 3
1.1.2.1
Applications ................................................. .................................................. ............................... 3
1.1.2.2
Actions in process ............................................... .................................................. .............. 3
1.1.2.3
Actions after the award ............................................. ........................................ 4
1.1.3
Search for trademark similarities by class ............................................ .................................4
1.1.4 Common fees for distinctive signs and new creations ....................................... ...................4
1.1.5
Shipping costs............................................... .................................................. ........................ 5
1.1.6
Priorities ................................................. .................................................. ...............................5
1.1.7
Conversion of pending applications ............................................. ............................................5
1.1.8
Tax payment. .................................................. .................................................. ....................... 6
1.1.9
Titles ................................................. .................................................. ..................................... 6
1.1.10
Examination of patentability. .................................................. .................................................. ..... 7
1.2
Regulation of decision 486 of the Commission of the Andean Community regarding the
common regime on industrial property ............................................. ................................... 7
1.2.1
General disposition ................................................ .................................................. .......... 7
1.2.1.1
Language and measurements ............................................... .................................................. ...................... 7
1.2.1.2 ..
Presentation of applications ............................................... .................................................. ........ 7
1.2.1.3.
Registration ................................................. .................................................. ............................ 7
1.2.1.4
Licenses ................................................. .................................................. ................................. 7
1.2.1.5
Correction of errors on rights granted ............................................ ........................ 8
1.2.1.6
Modifications and corrections to pending applications ........................................... ................... 8
1.2.1.7 ..
Applicant................................................. .................................................. ................................. 8
1.2.1.8 ..
Notifications or communications ............................................... ................................................. 8
1.2.1.9 ..
Oppositions ................................................. .................................................. .............................. 8
1.2.2 .....
Invention patents ............................................... .................................................. ............... 8
1.2.2.1 ..
Presentation of applications ............................................... .................................................. ....... 8
1.2.2.2
Conversion, division or merger of applications ........................................... .................................... 9
1.2.2.3
Notification of non-patentability .............................................. ................................................. 9
1.2.2.4
Suspension of the procedure ............................................... .................................................. ................ 9
1.2.2.5
Waiver of rights ............................................... .................................................. ................... 9
1.2.3
Layout-designs of integrated circuits ........................................... ........................... 9
1.2.3.1
Presentation of applications ............................................... .................................................. ...... 9
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1.2.4
1.2.4.1
1.2.5
1.2.5.1
1.2.5.2
1.2.5.3
1.2.5.4
1.2.5.5
1.2.6
1.2.6.1
1.2.6.2
1.2.7
1.2.7.1

Industrial designs ................................................ .................................................. ............... 10
Presentation of applications ............................................... .................................................. .... 10
Trademarks, commercial slogans and appellations of origin .......................................... .............. 10
Presentation of applications ............................................... .................................................. .... 10
Renewal................................................. .................................................. ............................. 10
Cancellation of registration ............................................... .................................................. ............ 10
Waiver of rights ............................................... .................................................. ................ 10
Irregistrability due to unfair competition .............................................. .................................... 10
Name and trademark ............................................. .................................................. ..eleven
Deposit of name and trademark ............................................ .....................................eleven
Renewal ................................................. .................................................. ........................... eleven
Well-known signs ............................................... .................................................eleven
Aid criteria ............................................... .................................................. ....................eleven

CHAPTER TWO ................................................ .......................... COMPULSORY LICENSES
.................................................. .................................................. .................................................. .................... eleven
2.1.
2.1.1
2.1.2
2.1.3
2.1.4
2.1.5
2.1.4
2.2
2.2.1
2.2.2
2.2.3
2.2.4
2.2.5
2.2.6
2.2.7
2.3
2.3.1
2.3.2
2.3.3
2.3.4
2.4.
2.4.1.
2.4.2
2.4.3
2.5
2.5.1
2.5.2
2.6
2.6.1
2.6.2

Compulsory license due to lack of exploitation ............................................ ..................................eleven
Request................................................. .................................................. .................................eleven
Formal examination ............................................... .................................................. ..................... 12
Notification to the Patent Holder ............................................ ............................................... 12
Tests ................................................. .................................................. ................................. 12
Transfer for decision ............................................... .................................................. ............ 13
Decision................................................. .................................................. ................................. 13
Compulsory licenses for reasons of public interest ........................................... .................... 13
Publication................................................. .................................................. ............................. 13
Content of the request .............................................. .................................................. .......... 13
Formal examination ............................................... .................................................. ..................... 14
Notification to the Patent Holder ............................................ .............................................. 14
Tests. .................................................. .................................................. ............................... 14
Transfer for decision and Decision ............................................. ............................................... 14
The period of leave and financial compensation .......................................... ..................... 14
Compulsory Licenses for Reasons of Emergency or National Security ........................... 15
Publication ................................................. .................................................. ............................ fifteen
Content of the request .............................................. .................................................. ...........fifteen
Form Exam ............................................... .................................................. ................... 16
Decision ................................................. .................................................. ................................ 16
Compulsory Licenses for Abuse of Dominant Position ........................................... ............. 16
Publication................................................. .................................................. ............................ 16
Content of the request .............................................. .................................................. .......... 17
Examination of Form, Transfer, Evidence, Transfer of the decision and the Decision ........................ 17
Compulsory licenses due to patent dependency ............................................ ................... 17
Request................................................. .................................................. ................................. 17
Examination of Form, Transfer, Evidence, Transfer decision and Decision ..................................... 18
Common Provisions ................................................ .................................................. ......... 18
Compensation ................................................. .................................................. ...................... 18
Modification................................................. .................................................. ........................... 18
P. Xviii
General index

Page 335

Single Circular

2.6.3

Revocation ................................................. .................................................. ............................ 18

2.6.4

General Standards ................................................ .................................................. ................. 19

CHAPTER THREE INFORMATION AND RECOMMENDATION INSTRUCTIONS ................................. 19
3.1
3.2
3.3
3.4.
3.4.1
3.4.2
3.4.3

Trademark background ................................................ .................................................. .......... 19
Paris Convention ............................................... .................................................. .................... 19
Registration ................................................. .................................................. ......................... twenty
Ninth edition of the Nice Classification ........................................... ....................................twenty
Requirements for reclassification of files in process .......................................... .........twenty-one
Certification in case of non-reclassification ............................................ ....................................twenty-one
Repealed ................................................ .................................................. ............................... 22

CHAPTER FOUR ASSIGNMENT OF FUNCTIONS ............................................. ......................................twenty-one
4.1
4.2

Repealed ................................................. .................................................. .............................. 22
Applications for registration of industrial designs ............................................ ............................ 22

CHAPTER FIVE. INSTRUCTIONS ON THE APPLICATION OF THE COOPERATION TREATY IN
PATENT MATTER (PCT). * .......................................... .................................................. ....................... 22
5.1
International Phase ................................................ .................................................. ................... 22
5.1.1
Receiving Office Functions .............................................. ................................................. 22
5.1.2.
Receipt of the international application ............................................. ........................................ 22
5.1.3
Qualified Applicants ................................................ .................................................. ........... 22
5.1.4
Language of presentation of international applications ........................................... ...........2. 3
5.1.5
Number of copies of the application ............................................ .................................................. 2. 3
5.1.6
Request in PCT-EASY format ............................................ .................................................. .2. 3
5.1.7
Tax payment............................................... .................................................. ..........................2. 3
5.1.8
Documents presented by telecommunications .............................................. ....................2. 3
5.1.9
Requirement of basic requirements .............................................. ......................................... 24
5.1.10 Correction of the international filing date by omission of parties in the terms of
Rule 20.5 of the Regulations ............................................. .................................................. .... 24
5.1.11
Non-compliance with basic requirements .............................................. .......................................... 24
5.1.12 ...
Requirement for correction of defects ............................................. ................................. 24
5.1.13
International applications or designations considered withdrawn. ..................................... 24
5.1.14
Request for review. .................................................. .................................................. ............ 25
5.1.15
Preparation of the priority document ............................................. ..................................... 25
5.1.16
Administrations in charge of the international search ............................................ ........ 25
5.1.17
Authorities in charge of the international preliminary examination ......................................... 25
5.1.18
Referral Services ............................................... .................................................. .............. 26
5.2
National Phase ................................................ .................................................. ......................... 26
5.2.1
Delay in the national procedure ............................................. ......................................... 26
5.2.2
Protection Modalities ............................................... .................................................. ..... 26
P. Xix
General index

Page 336

Single Circular

5.2.3
5.2.4
5.2.5

Effects of the international application ............................................. ............................................ 26
National filing date .............................................. ................................................ 27
Minimum requirements for entry into the national phase under Chapters I and II of the
Treaty. .................................................. .................................................. ................................ 27
5.2.6
Modifications made in the international stage by virtue of chapters I and II of the
Treaty................................................. .................................................. ................................... 27
5.2.7
Restoration of rights .............................................. ............................................. 27
5.2.8
Priority document ............................................... .................................................. .......... 28
5.2.9
Translation of priority document ............................................. ...................................... 28
5.2.10
Reception of the application .............................................. .................................................. .......... 29
5.2.11
Opportunity to exercise the power provided for in articles 28 and 41 of Treaty 29 ............ 29
5.2.12
Examination of the application .............................................. .................................................. .............. 29
5.2.13
Lack of national requirements .............................................. .................................................. ..29
5.2.14
Publication in national phase .............................................. .................................................. .... 30
5.2.15
Background examination ............................................... .................................................. .................... 30
5.2.16
Lack of unity of invention of the international application by virtue of the search
........................ international or international preliminary examination .................... ............................................. 30
5.2.17
Declarations submitted pursuant to rule 4.17 of the Regulations ................................... 30
5.2.18
Duration of the patent .............................................. .................................................. ............ 31
5.3
International Phase Rates ............................................... .................................................. ........ 31
5.3.1
Fee calculation sheet ............................................. .................................................. ............ 31
5.3.2
Currency and value of fees ............................................ .................................................. ....... 31
5.3.3
Late payment fee .............................................. .................................................. ................ 31
5.3.4
Fee for transmission to the International Bureau to act as the receiving Office. ...... 31
5.3.5
Reduction of the international fee for the use of the PCT-SAFE system (PCT-EASY) ....... 32
5.3.6
Fee for late delivery of the translation for international search purposes ..................... 32
5.3.7
Fee for issuance by the Office receiving the priority document .............................. 32
5.3.8
Reduction of certain rates for natural persons ........................................... ................... 32
5.4.
National Phase Rates ............................................... .................................................. .............. 33
5.4.1
National rate ................................................ .................................................. ........................ 33
5.4.2
Patentability examination fee ............................................. ............................................. 33
5.5
Complementary Provisions ................................................ ............................................. 33
5.5.1
Forms ................................................. .................................................. ........................... 33
5.5.2
Review by the Superintendency .............................................. .............................................. 33
5.5.3.
International reports ................................................ .................................................. ........3. 4
5.5.4
Fees for services ............................................... .................................................. .................3. 4
5.5.5
Application of standards ............................................... .................................................. .............3. 4

Page xx
General index

Page 337

Single Circular

TITLE X

INDUSTRIAL PROPERTY

CHAPTER ONE GENERAL PART
1.1

Industrial property rates *
Rates in pesos
Colombians

1.1.1

New Creation Rates

1.1.1.1. National Requests
.1
.two
.3
.4
.5
.6
.7
.8
.9

Invention patent application (contains the right to present the 10
first claims).
Utility model patent application
Additional claim (from the eleventh claim 11)
Application for registration of layout design of integrated circuits
Industrial design registration application
Mandatory License Application
Invoking a priority
Invention patentability examination
Utility model patentability examination

571,000.00
335,000.00
27,000.00
571,000.00
571,000.00
1,206,000.00
162,000.00
478,000.00
320,000.00

1.1.1.2 International applications - PCT (Cooperation Treaty regarding
Patents)
1.1.1.2.1 International phase : †
.1
.two

.3

*
*

Transmission of international applications filed by legal entities
812,000.00
Late payment of transmission fees, international filing and
search, calculated in accordance with the provisions of rule 16bis.2 of the
PCT Regulation
Late delivery of the translation of the international application, which is equivalent to 25%
of the international filing fee foreseen in point 1 of the Table of
PCT Regulation fees.

Resolution 72897 of December 24, 2010. Published in Official Gazette No. 47935 of December 27, 2010.
Resolution No. 41,438 of August 1, 2011. Published in the Official Gazette No. 48,148 of August 1, 2011.

Page 1
Title X

Page 338

Single Circular

1.1.1.2.2 National phase: ‡
.1
.two
.3
.4
.5
.6

Invention patent application (contains the right to present the 10
first claims)
Utility model patent application
Additional claim (from the eleventh claim included in
the initial application or during the process)
Invention patentability examination - Chapter I and II PCT
Utility Model Patentability Exam - Chapter I and II PCT
Request for restoration of rights in case of breach of the
acts mentioned in art. 22 PCT

571,000.00
335,000.00
27,000.00
485,000.00
324,000.00
3,090,000.00

1.1.1.3.2 Actions after the award:
.1
.two
.3
.4
.5
.6
.7
.8
.9
.10
.eleven
.12
.13
.14
.fifteen

Registration of damages subsequent to the concession
Modification or limitation of the scope of the claims
License registration application
Application for merger of granted patents
Registration of waiver of rights
Annual fee for the maintenance of an invention patent from the fourth to the eighth
year
Annual fee for the maintenance of an invention patent from the ninth to
twelfth year
Annual fee for the maintenance of patent of invention of the thirteenth
to the sixteenth year
Annual fee for the maintenance of the seventeenth invention patent
to the twentieth year
Annual fee for the maintenance of an invention patent from the fourth to the eighth
year with application surcharge in grace period
Annual fee for the maintenance of an invention patent from the ninth to
Twelfth year with grace application fee
Annual fee for the maintenance of patent of invention of the thirteenth
at the sixteenth year with application surcharge in grace period
Annual fee for the maintenance of the seventeenth invention patent
to the twentieth year with application surcharge in grace period
Annual fee for utility model patent maintenance
Annual fee for maintenance of utility model patent with
application fee in grace period

289,000.00
478,000.00
515,000.00
289,000.00
289,000.00
301,000.00
451,000.00
698,000.00
935,000.00
401,000.00
600,000.00
927,000.00
1,244,000.00
180,000.00
239,000.00

1.1.1.4 Patent Bank Services:
‡

Resolution No. 41,438 of August 1, 2011. Published in the Official Gazette No. 48,148 of August 1, 2011.

P. 2
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.1
.two

.7
.8
.9

National search (includes up to 100 pages)
National product or procedure search of a single chemical entity
(includes up to 200 pages)
National search for a chemical entity and its possible combinations with
other compounds / biological product searches (includes up to 250
pages)
International search (not including Colombia) (includes up to 50 pages)
Technology Watch Report (includes up to 50 pages)
Additional page value in technology watch or search reports
international
Patent Bank Document Print Sheet
National search for industrial designs (up to two pages)
Additional page

1.1.2

Distinctive signs fees

.3

.4
.5
.6

181,000.00
271,000.00

452,000.00
270,000.00
406,000.00
580.00
580.00
27,000.00
11,000.00

1.1.2.1 Requests
.1
.two
.3
.4
.5
.6
.7
1.1.2.2

.1

.two
.3
.4
.5
.6

*

Application for registration of brands of products or services, collective brands and
certification marks
Application for registration of commercial slogans
Application for registration of brands of products or services online
Request for deposit of name and commercial sign
Application for declaration of protection of appellation of origin
Request for delegation of the power to authorize the use of a denomination
originally
Application for authorization to use a designation of origin

Actions in process

728,000.00
728,000.00
692,000.00
519,000.00
1,230,000.00
2,112,000.00
1,261,000.00

*

Request for extension of terms or additional period provided for in articles
146 and 148 of Decision 486 of the Commission of the Andean Community of
Nations
Request for modifications and corrections to pending applications
Presentation of opposition
Provision of surety
Request for modification of the applicant, his name or his address
License registration application

87,000.00
118,000.00
304,000.00
241,000.00
289,000.00
515,000.00

Resolution No. 12204 of March 4, 2011. Published in the Official Gazette No. 48.004 of March 7, 2011
P. 3
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.7
.8

Priority invocation
Invocation of notoriety within an opposition procedure.

160,000.00
412,000.00

1.1.2.3 Post-award actions
.1
.two
.3

.12

Application for renewal of registration of trademarks and commercial slogans
Registration renewal request with application surcharge in grace period
Application for renewal of the authorization to use a denomination of
source
Application for renewal of the authorization to use a denomination of
origin with application surcharge in grace period
Application for registration of marketing agreements
Application for registration of damages subsequent to the concession (change of
name, domicile and address of the owner, usufruct and pledge)
Application for registration of changes in ownership of the trademark registration
(transfer)
License registration application
Application for registration of a list of beneficiaries authorized to use a
protected designation of origin submitted by delegated entity
Request for cancellation of a trademark registration due to non-use
Request for cancellation of a trademark registration due to notoriety and / or
vulgarization
Registration of waiver of rights

1.1.3

Search for brand similarities by class:

.1

Registered trademarks and / or word part of mixed trademarks (up to seven
(7) pages)
Additional page
Figurative marks and / or graphic part of mixed marks (up to two (2)
pages)
Additional page

.4
.5
.6
.7
.8
.9
.10
.eleven

.two
.3
.4
1.1.4

.1
.two
.3
*

Fees common to Distinctive Signs and New Creations

819,000.00
1,090,000.00
1,261,000.00
1,677,000.00
207,000.00
289,000.00
361,000.00
515,000.00
1,152,000.00
687,000.00
943,000.00
289,000.00

27,000.00
5,700.00
27,000.00
11,000.00

*

New creations request folder
Authentication
Certification

1,200.00
790.00
14,000.00

Resolution No. 12204 of March 4, 2011. Published in Official Gazette No. 48.004 of March 7, 2011.

P. 4
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.4
.5
.6
.7
.8
.9
.10
.eleven
.12

Certification of request to claim priority (the folios object of
authentication will pay the respective authentication fee)
Photocopy
Photoreduction and enlargement
Copy of Gazette of Industrial Property on compact disc - CD
Subscription to twelve (12) issues of the gazette on compact disc - CD
Standards Compendium on Compact Disc - CD
Compendium of Doctrine on Compact Disc - CD
System informative listings (per line)
Engineer time to obtain special information lists

18,000.00
200.00
1,200.00
25,000.00
274,000.00
29,000.00
29,000.00
1,700.00
44,000.00

1.1.5 Shipping Costs
Shipping costs for each gazette or copy of a compendium of doctrine or standards in
magnetic medium (compact disc - CD):
.1 Within the Capital District
.2 In Colombia to other municipalities outside the Capital District
.3 To countries of America and the Caribbean
.4 To countries other than America and the Caribbean

4,200.00
7,200.00
51,000.00
61,000.00

1.1.6 Priorities
For the purposes of Article 10 of Decision 486 of the Commission of the Andean Community of
Nations, priorities must be invoked in a discriminatory manner, annexing for each one
of them the proof of payment of the rate established in item 7 of numerals 1.1.1.1 and
1.1.2.2 of this chapter.
1.1.7 Conversion of pending applications
For the purposes of Articles 35 and 83 of Decision 486 of the Commission of the
Andean Community of Nations, when the conversion of a pending application is requested, the
The petitioner must, when applicable, adjust the highest value corresponding to the processing of the
modality to which your request is to be converted, in accordance with the rates in force at the time of the
conversion request.
In the case of division, both of the pending applications and those granted, the petitioner
will pay the corresponding rate for each of the resulting divisions, in accordance with the
Rates in effect at the time of application for the division.
The request for conversion or division of requests will not cause the payment of the fee for
modification of the request.
P. 5
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1.1.8 Payment of fees
Except for the provision of guarantees, the value of the fees must be paid
prior to the filing of the respective application to which the proof of
pay.
1.1.9 Titles
The payment of the title fees and the publication of the same, referring to requests for
invention patents, utility model patents, industrial designs, trademark registration,
commercial slogans, name deposits and commercial signs, declaration of protection of
denomination of origin, authorization to use the denomination of origin, as well as the
renewals, licenses, transfers, changes of name and address of the holder, presented with
Prior to the entry into force of Decree 2285 of 1995, they will be governed in accordance with the
following values:
1.1.9.1 Of transfer, assignment, concession, registration of licenses and change of name and
address of the invention patent holder

404,000.00

1.1.9.2 Of transfer, assignment, concession, registration of licenses and change of name and
domicile of the utility model holder

274,000.00

1.1.9.3 Of transfer, assignment, concession, registration of licenses and change of name and
address of the owner of industrial designs

202,000.00

1.1.9.4 Of transfer, assignment, concession, registration of licenses and change of name and
address of the owner of trademarks and commercial slogans

265,000.00

1.1.9.5 Of transfer, assignment, concession, registration of licenses and change of name and
address of the owner of names and trademarks

265,000.00

1.1.9.6 Declaration of protection, authorization of use and renewal of the
authorization to use appellations of origin as well as the registration of
license, transfer, assignment, change of name and address of the owner of the
themselves.

627,000.00

1.1.9.7 Publication of the title

38,000.00

The fees to be paid for the withdrawal and for the publication of the title, in accordance with the
This chapter will be those in force at the time the corresponding payment is made.

P. 6
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1.1.10 Examination of patentability
Considering the provisions of the first transitory provision of Decision 486 of the Commission
of the Andean Community of Nations, the obligation to request the patentability examination, which
established in Article 44 of the same Decision, it will be required with respect to requests for
invention or utility model patents that as of the effective date of the aforementioned
Decision has not been published, and proof of payment of the fee must be attached.
respective.
1.2

Regulation of decision 486 of the Andean Community Commission
on the common regime on industrial property

1.2.1.

General disposition

1.2.1.1

Language and measurements

The documents that are intended to be provided as part of the industrial property procedures may
get, in addition to Spanish, in English without requiring a translation, except that,
in particular, its simple translation is required.
All the measures included in the communications before this Superintendency must be expressed
according to the International System of Units.
1.2.1.2

Submission of applications

At the time of the presentation of any of the requests with which a procedure is initiated
administrative office of industrial property, the official in charge will verify compliance with the
minimum requirements referred to in the respective article of decision 486 in relation to that request
in particular. If he notices the absence of any, he will communicate it verbally to whoever intends
file it, in order for the application to be completed. Regardless of the application of what
contemplated in articles 11 and 13 of the contentious-administrative code, insofar as the requirements
minimums are not completed, no "filing date" will be assigned to the application, in the
terms of the decision 486.
1.2.1.3

Inscriptions.

For the registration process in the industrial property registry referred to in decision 486,
in particular in articles 56, 70, 105, 161 and 187, the Form
single registration of affectations format 2000-F02 annex 6.9.
1.2.1.4

Licensing

P. 7
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Page 344

Single Circular

For the registration process of the licenses referred to in decision 486, in particular the
Articles 57, 106 and 162, the Single License Form 2000 must be filled out and filed
F01 annex 6.7.
No additional written document stating the license will be required when the application for
registration is signed by the parties.
1.2.1.5

Correction of errors on rights granted

The correction of material errors on the rights granted, in particular the one dealing with the
Article 70 of Decision 486, must be requested in the appeal against the administrative act of
concession. Once the term to try the appropriate resources has expired, they can only be produced
corrections of material errors on the occasion of the request for direct revocation of the act, if
the conditions for it concur.
1.2.1.6

Modifications and corrections to pending applications

For the processing of modifications and corrections of material errors referred to in the
Articles 34 and 143 of Decision 486, and that are requested by the applicant for the respective procedure,
You must fill out and file the Single Corrections and Modifications Form 2000-F03 format
Annex 6.10 and will give rise to the payment of the fee provided for these procedures .
1.2.1.7

Applicant

Provided that in decision 486 or in this title the applicant is mentioned without specifying
on the contrary, it will be understood as including your attorney or representative and vice versa.
1.2.1.8

Notifications or communications

The notifications or communications of the acts and decisions of the Superintendency of Industry and
Trade in matters of industrial property will be supplied in the manner established in paragraph 5.2 of the
fifth chapter of the first title of this circular.
1.2.1.9

Oppositions

The oppositions referred to in decision 486 must be presented in the single form of
opposition format 2000-F04 annex 6.12.
1.2.2 Patents of invention
1.2.2.1 Submission of applications
For the patent granting process, the Unique Form of
patent application format 2020-01 annex 6.3.
P. 8
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1.2.2.2. Conversion, splitting or merging of requests
Whoever wishes to submit a request to process a conversion, division or merger of an application
You must fill out and file the single form for conversion, division or merger format 2020-F05
annex 6.14.
The fee for the conversion, merger or division of an application will be incurred regardless of the
reason that motivates the initiative of the applicant.
1.2.2.3

Notification of non-patentability

For the purposes set forth in Article 45 of Decision 486, the Superintendency will notify
only once to the applicant, indicating the reasons why the invention is not patentable or
does not meet any of the requirements for its award. The notification must be accompanied by
the list of priorities that affect its patentability, if applicable.
In the event that the applicant, in his response to the request, modifies the claiming chapter or
the description of the invention that it intends to protect, the Superintendency may notify it
again and for once.
1.2.2.4

Suspension of the procedure

Under the terms of Article 47 of Decision 486, the processing of a petition will be suspended.
patent, provided that the applicant indicates it, having been required in accordance with article 46 of the
same decision. The request must indicate the term of the suspension, justified in the term
of the foreign procedure and its status. The suspension will be automatic, it will not require
pronouncement and the term will begin to run from the day following the one in which it is settled
application.
During the term of the suspension, the obligation to pay the tax rate will not be affected.
maintenance of the application in process.
1.2.2.5

Waiver of rights

The owner of an industrial property on new creations may waive the rights
conferred by completing and submitting the single waiver of rights form
on new creations 2020-F04 format annex 6.13.
1.2.3. Layout-designs of integrated circuits
1.2.3.1 Submission of applications

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For the registration process of layout-designs of integrated circuits, it will be necessary to fill out and
file the single form of registration of layout design of integrated circuits format 2020
F03 annex 6.5.
1.2.4 Industrial designs
1.2.4.1 Submission of applications
For the industrial design registration process, the single form of
industrial design registration format 2020-F02 annex 6.4.
1.2.5 Trademarks, slogans and appellations of origin
1.2.5.1 Submission of applications
For the registration process of trademarks, commercial slogans or appellations of origin, you must
fill out and file the unique registration form for distinctive signs format 2010-F01 annex 6.1.
1.2.5.2. Renewal
For the application for the renewal of a trademark, commercial slogan or authorization of use of
denomination of origin, the single renewal form must be filled out and filed
format 2010-F03 annex 6.6.
1.2.5.3 Cancellation of registration
For the request for cancellation of the registration of a trademark, commercial slogan or authorization of use of
denomination of origin, the single cancellation form must be filled out and filed
format 2010-F04 annex 6.8.
1.2.5.4 Waiver of rights
The owner of an industrial property asset on distinctive signs may waive the rights
conferred by completing and submitting the single waiver of rights form
on distinctive signs format 2010-F05 annex 6.11.
1.2.5.5 Unregistrability due to unfair competition
In the terms of article 137 of decision 486, it will be understood that there are reasonable indications
to deny the request, when the Superintendency of Industry and Commerce:
a) An investigation has been opened for alleged acts contrary to the provisions of Law 256 of
1996 and those that modify or add it based on the same facts alleged in the
industrial property file; or,

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b) Conclude that it had opened an investigation for alleged acts contrary to the provisions of
Law 256 of 1996 and those that modify or add it based on the same facts
presented to the competent judge as the basis of a claim.
1.2.6 Name and trademark
1.2.6.1 Deposit of name and trademark
For the deposit of names and commercial signs, the Form must be filled out and filed.
Unique deposit of names and show format 2010-F02 annex 6.2.
1.2.6.2 Renewal
For the request for renewal of a commercial name, the
Single renewal form 2010-03 annex 6.6.
1.2.7 Well-known signs
1.2.7.1 Help criteria
In accordance with article 228 of decision 486, documents that reflect facts, events
or figures and that are provided in order to demonstrate notoriety, will only be relevant to the extent
in which they are referred and qualified so that they are indicative of the conditions that
prove such notoriety.
CHAPTER TWO COMPULSORY LICENSES

*

2.1

Compulsory license due to lack of exploitation

2.1.1

Request

The request for a compulsory license due to lack of exploitation must comply with the requirements
established in article 5 of the Contentious Administrative Code, and especially the following:
1) Indicate name, identification and notification address of the applicant and / or his / her
attorney if it is the case;
2) Provide, if the request is submitted through a proxy, the corresponding power of attorney
legally granted;

*

Resolution 12 of January 7, 2010. Published in Official Gazette No. 47590 of January 12, 2010.

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3) Provide the documents that prove the existence and legal representation of the person
legal applicant, if appropriate;
4) Indicate the data that fully identifies the patent to be exploited,
specifying at least the certificate number, the title of the invention and the name of the
headline;
5) Expressly indicate, by the applicant, that the patent whose compulsory license
requests, it has not been exploited since a certain date;
6) Indicate the compensation you consider appropriate, duly substantiated, according to the
specific circumstances of the case;
7) Provide evidence that the applicant has tried, previously and without success,
obtain a contractual license from the patent holder on terms and conditions
reasonable commercials;
8) Request the other evidence that you intend to assert, if applicable;
9) Provide the payment of the corresponding administrative fee.
2.1.2. Form Exam
The Superintendency of Industry and Commerce will examine, within fifteen (15) business days
following, counted from the date of submission of the application, if it complies with the
requirements set forth in numeral 2.1.1 of this Resolution. If the formal examination reveals that the
The application does not contain such requirements, the necessary requirements will be made,
in accordance with the provisions of articles 12 and 13 of the Administrative Content Code.
2.1.3 Notification to the Patent Holder
The Superintendency of Industry and Commerce will notify the request for a compulsory license to the holder of
the patent so that within the following sixty (60) business days it enforces the
arguments and provide the evidence you deem pertinent.
2.1.4 Tests
Once the previous term has expired, if the applicant for the compulsory license or the owner of the patent
They requested the taking of tests or the administration considers it necessary that they be practiced ex officio,
those pertinent will be decreed and will be practiced in the term indicated by the act that decrees them,
applying in the pertinent the norms of the Contentious Administrative Code and the Code of
Civil Procedure.
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In any case, the principles that govern administrative actions will be taken into account.
such as economy, speed, impartiality, efficiency and contradiction, which impose that the
procedure that is carried out does not have unjustified delays.
2.1.5 Transfer for decision
Once the evidentiary term has expired, the file will be available to the intervening parties, for a
term of five (5) business days; so that if they deem it convenient they present the arguments
relevant in support of your claims.
2.1.6 Decision
At the end of the transfer term referred to in the previous paragraph, the file enters the dispatch
for decision by resolution; in which the Superintendency of Industry and Commerce,
grant or deny the requested license.
If the license is granted, the resolution will determine the scope or extension of the license.
itself, specifying in particular the period for which it is granted, the purpose of the license, the
amount and conditions of financial compensation. Likewise, it will be warned about the
Obligation of the licensee to start the exploitation of the invention within two (2) years
counted from the date of the finalization of the granting of the compulsory license and that of obtaining
the authorizations necessary for exploitation, if applicable.
2.2 Compulsory licenses for reasons of public interest
2.2.1 Publication
Once the declaration of reasons of public interest has been published in the Official Gazette to submit
a patent for compulsory license by the competent entity; in the terms of the provisions
In Decree 4302 of 2008, the Superintendency of Industry and Commerce will communicate, within the
fifteen (15) business days following the date of said publication, by notice on the website,
the following: a) That the patents indicated in the declaration may be licensed; b) What do I know?
they will receive requests for compulsory licenses on the patents indicated in the declaration; c) The
term in which applications will be received and, d) The terms, conditions and special requirements that
must meet the requests for the particular class of compulsory license, due to the reasons
that constitute the public interest.
2.2.2 Content of the request
Requests for a compulsory license for reasons of public interest must comply with:

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1) The requirements indicated in section 2.1.1, except as provided in section 5;
2) The terms, conditions and special requirements that class requests must meet
particular of compulsory licenses, due to the specific causes that constitute the
public interest described in the publication made by the Superintendency of Industry and
Trade on the website;
3) The arguments and evidence with which the applicant shows
that meets the conditions to be a licensee of the patent in question, in accordance with
with what the Superintendency of Industry and Commerce establishes as requirements for the
compulsory license in question in accordance with the provisions of point 2.2.1 of this
resolution.
2.2.3 Examination of Form
The provisions of section 2.1.2 of this Resolution will be applied.
2.2.4 Notification to the Patent Holder
The Superintendency of Industry and Commerce will notify the request for a compulsory license to the holder of
the patent so that within the following fifteen (15) business days it asserts the arguments
and provide the evidence you deem pertinent
2.2.5 Testing
The provisions of section 2.1.4 of this Resolution will be applied.
2.2.6 Transfer for decision and Decision
Once the probationary term has expired, the provisions of paragraphs 2.1.5 and 2.1.6 of this
Resolution.
2.2.7 The license period and financial compensation.
In development of the constitutional principle of collaboration between the entities that make up the
Public Administration, and taking into account the provisions of article 7 of Decree 4302 of 13
November 2008, the Superintendency of Industry and Commerce to request support in the process
corresponding to the granting of the compulsory license, it will communicate it to the authority that
issued the declaration of reasons of public interest, to provide the necessary collaboration, the
which will be recorded in the file.

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2.3. Mandatory Licenses for Emergency or National Security Reasons
2.3.1

Publication

Once the declaration of reasons of emergency or national security has been published in the Official Gazette
to subject a patent to compulsory license by the competent entity, the
Superintendency of Industry and Commerce will communicate, within five (5) business days
following the date of said publication, by notice on the website, the following: a) That the
patents indicated in the declaration may be licensed; b) That requests for
compulsory license on the patents indicated in the declaration; c) The term in which they will be received
the requests and, d) The terms, conditions and special requirements that the
Requests for the particular class of compulsory license, due to the specific causes that
constitutes the national emergency or security.
During the period indicated by the Superintendency for the presentation of license applications
mandatory, the patent holder may present his arguments.
Paragraph: For the determination of what is indicated in literal d) of numeral 2.3.1., The
Superintendency of Industry and Commerce may request the support of the competent authority in the
subject matter on which the object of the patent can be seen, in which case the term provided will be interrupted
in this article until the day after the response by the requested authority.
2.3.2. Content of the request
Applications for compulsory licensing for reasons of emergency or national security must
comply with:
1) The requirements indicated in numeral 2.1.1, except as provided in numerals 5 and 7;
2) The terms, conditions and special requirements that class requests must meet
particular of compulsory licenses, due to the specific causes that constitute the
emergency or national security described in the publication making the
Superintendency of Industry and Commerce on the website;
3) The arguments and evidence with which the applicant shows
that meets the conditions to be a licensee of the patent in question,
in accordance with the terms indicated in the declaration resolution.
Once the requests are received, the Superintendency will proceed as contemplated in the numerals
2.2.2 and following of this title.

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2.3.3 Examination of Form
The Superintendency of Industry and Commerce will examine, within three (3) business days
following counted from the date of submission of the application, if it complies with the
requirements set forth in numeral 2.3.2. If the formal examination shows that the application is not
contains such requirements, the necessary requirements will be made, in accordance with
provided in articles 12 and 13 of the Administrative Content Code.
2.3.4 Decision
After studying the compulsory license applications, the Superintendency of Industry and
Commerce will make the decision to grant or deny the requested license.
In the event that the license is granted, the resolution will determine the scope or extension of the
itself, specifying in particular the period for which it is granted, the purpose of the license, the
amount and conditions of financial compensation. Likewise, it will be warned about the
Obligation of the licensee to start the exploitation of the invention within two years from
from the date of the finalization of the granting of the compulsory license and the date of obtaining the
authorizations necessary for exploitation, if applicable.
2.4.

Compulsory Licenses for Abuse of Dominant Position

2.4.1

Publication

Once the Resolution of the Superintendency of Industry and Commerce that as
national authority on competition protection issues, qualifying the need for
grant a compulsory license on a patent, given the existence of practices that affect the free
jurisdiction, in accordance with the provisions of Article 66 of Decision 486 of 2000, the
Superintendency of Industry and Commerce, as the authority in charge of administering the
Industrial Property, will communicate, within five (5) business days following that date,
by notice on the website, the following:
a) That the patents indicated in the declaration may be licensed;
b) That applications for compulsory licenses will be received on the patents indicated in the
decision issued by the antitrust authority;
c) The term in which the applications will be received and,
d) The terms, conditions and special requirements that class requests must meet
particular compulsory license, due to specific causes.
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Paragraph: For the determination of what is indicated in literal d) of numeral 2.4.1 of this Resolution,
The Superintendency of Industry and Commerce may request the support of the competent authority in
the subject matter of the patent, in which case the term will be interrupted
provided for in this article until the day following the response from the authority
required.
2.4.2 Content of the request
Requests for a compulsory license for abuse of dominance position must comply with:
1) The requirements indicated in numeral 2.1.1, except as provided in numerals 5 and 7, of
this Resolution;
2) The terms, conditions and special requirements that class requests must meet
particular of compulsory licenses, due to the specific causes that constitute the
abuse of dominance position described in the publication made by the Superintendency of
Industry and Commerce on the website;
3) The arguments and evidence with which the applicant shows
that meets the conditions to be a licensee of the patent in question, in accordance with
with the terms indicated Superintendency of Industry and Commerce, as the authority
national competition protection.
2.4.3 Examination of Form, Transfer, Evidence, Transfer of the decision and the Decision
The provisions of sections 2.1.2, 2.2.4, 2.1.4, 2.1.5 and 2.1.6 of this Resolution will be applied.
2.5 Compulsory licenses due to patent dependency
2.5.1 Application
The application for a compulsory license due to patent dependency provided for in article 67 of the
Decision 486 of 2000, must meet the following:
1) The

requirements indicated in section 2.1.1, except as provided in section 5, of this
Resolution;

2) The

precise indication in the terms of Article 67 of Decision 486 of 2000, of the
circumstances for which the license is appropriate;

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3) Complete

identification of the patent whose exploitation necessarily requires employment
of the invention whose patent is intended to be licensed, specifying the sections of the description
where dependence is evidenced.

2.5.2 Examination of Form, Transfer, Evidence, Transfer decision and Decision
The provisions of paragraphs 2.1.2, 2.1.3, 2.1.4, 2.1.5 will be applied. and 2.1.6 of this Resolution.

2.6 Common Provisions
2.6.1 Compensation
To set the compensation that the licensee must pay to the patent owner,
take into account, among other factors, the economic value of the authorization, the conditions that
they govern the contractual licenses of similar products in the national and / or international market and
the investments that the licensee will require to exploit the patent. In the case of licenses for
abuse of a dominant position, the need to correct practices must be taken into account
anti-competitive.
2.6.2 Modification
In the events in which the modification of the conditions established in the licenses is requested
mandatory, in accordance with the provisions of Article 63 of Decision 486 of 2000,
The provisions applicable to the right to petition in particular interest will be followed as provided
in the Contentious Administrative Code
.
2.6.3 Revocation
The Superintendency of Industry and Commerce may, ex officio or at the request of a party, revoke a
compulsory license in the following cases:
1) Due to the serious or repeated breach by the licensee, of any of the
obligations imposed on him in the act of granting the license;
2) When the circumstances that gave rise to the license have disappeared and it is not
likely to reappear, subject to the interests of third parties;
3) In the case of licenses due to lack of exploitation, at the request of the patent holder,
revoke the compulsory license when the licensee has not started the exploitation of the
invention within a period of two years from the date of granting of the
license, or when exploitation has been suspended for the same period, without just
cause.
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Paragraph: In the event that there is a request from a party to revoke the license, it will be
application to the procedure established in numeral 2.6.2 of this Resolution.
2.6.4 General Standards
From the moment of filing an application for a compulsory license, the Superintendency of
Industry and Commerce may carry out the actions that are pertinent ex officio and request the
information that may be useful to solve.
In matters not provided for in this resolution on the procedure for applications for compulsory license of
patents, the rules of the Contentious Administrative Code will be applied, or failing that, for not
be contained in said rule, those established in the Code of Civil Procedure.
CHAPTER THREE INFORMATION AND RECOMMENDATION INSTRUCTIONS
3.1 Trademark background
Proof of payment of the fee must be submitted with the application for trademark records
established and at that time the information will be provided by the Superintendency
required.
The trademark background information is taken from the Superintendency's database
of Industry and Commerce: Brand, type of brand and file number. In case the base of
data will report other additional information, such as the name of the owner, the validity, the number of
certificate, the event and the last performance, this will be provided to the applicant without any surcharge.
This service constitutes an element of collaboration to users for the presentation of
trademark registration applications and at no time does the Superintendency commit to
procedures that are carried out before it or before any other entity.
3.2 Paris Convention
Through notification number 172 of the director of the World Property Organization
Intellectual WIPO, the Superintendency of Industry and Commerce was informed of the deposit by
of the Government of Colombia, of the instrument of adhesion to the Paris Union agreement on 3
June 1996.
In accordance with article 21 number 3 of the Paris Convention, notification number 172 entered
in force on September 3, 1996 and for this reason, the country is part of the International Union
for Industrial Property - Paris Union - created by the Paris Convention.

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3.3 Registrations
Considering that in numbers 1.2.1.8 of this title and 5.2 of the fifth chapter of the title
first literal b) of this circular, it has been established that the registration acts, within which
those listed in numbers 1.2.1.3 and 1.2.1.4 of the first chapter of this
title, they will be understood to be notified on the date of the corresponding annotation, it must be
account that, once it has been ordered, the date of
its inclusion, thus being notified without any additional action.
In the same way, for the automatic renewal of distinctive signs, in the terms
indicated in Article 16 of Regulatory Decree 2591 of December 13, 2000,
The concession shall be understood to be assorted through the registration in the industrial property registry, under the
understood that this is simply a declarative pronouncement of the Superintendency on
compliance with the required requirements. The denial of the request will be notified in accordance with the
numerals 1.2.1.8 of this title and 5.2 of the fifth chapter of the first title of the present
circular.
Thus, as the notification of the previous acts is subject to the provisions of article 44
of the contentious administrative code, the filing of legal resources must be done within
of the five (5) days following the one in which the corresponding annotation is made.
In view of the above, any list produced by the Superintendency with the data
corresponding to the inscriptions that are entered in the registry, fulfills an objective merely
informative, does not replace the legally established notification mechanisms, nor does it revive the
terms for challenging the acts.

*
3.4 Ninth edition of the Nice classification
The ninth edition of the Nice Classification that introduces several modifications with respect to the
previous edition, it will begin to apply to all trademark applications filed as of
June 1, 2007, date on which records may already be requested in accordance with the
modifications and additions introduced.
The Superintendency will use the translation of the list of classes, their titles and
the explanatory notes have been made by the Spanish Patent and Trademark Office, until it is
the official translation of the Classification including the alphabetical list of goods and services is available,
made by WIPO.

* External Circular No. 0013 of December 28, 2007. Published in the Official Gazette No. 46,858 of December 31,
2007.

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In accordance with the criteria of WIPO and OHIM, the Superintendency will not carry out
unofficially a reclassification of trademarks in the process of registration and / or registered that
include reclassified products or services, not even at the time of their renewal, which
they will keep the class assigned according to the edition of the current Classification throughout their legal life
at the time of your request.
3.4.1 Requirements for reclassification of files in process
In the case of files in process, the reclassification will be subject to the following requirements:
a) Express request of the registrant prior to the termination of the action
respective administrative department, accompanied by the corresponding annexes (Ex: form
completed for the purpose of opening another file for the class that is derived from the reclassification.)
b) Payment of the corresponding modification fee.
If the reclassification request is wrong, the administration will proceed to correctly reclassify the
time to resolve the file.
The reclassification will be limited to the products or services included in the class to which it referred.
the previous classification, which must appear expressly discriminated in the application
initial, and may not be extended to other products or services of the new corresponding class,
but through the processing of a new application (including the payment of the established fees).
For the purposes of reclassification, a new publication of the application will not be necessary in the
industrial property gazette.
3.4.2 Certification in case of no reclassification
If the possibility of reclassification is not appropriately used, at the time the registration is granted
of the trademark, the Edition of the Nice Classification to which the corresponding
description of products or services.
3.4.2 Search for anteriorities
All of the above will be applicable in what is pertinent to the other distinctive signs whose processing implies
the use of the International Nice Classification.
3.4.3 Is repealed
CHAPTER FOUR ASSIGNMENT OF FUNCTIONS

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4.1 Repealed
Resolution No. 27530 of August 28, 2001.
4.2 Applications for registration of industrial designs
The New Creations Division has the function of processing and deciding the applications that are
related to the registration of industrial designs.

CHAPTER FIVE. INSTRUCTIONS ON THE APPLICATION OF THE TREATY OF
PATENT COOPERATION (PCT). *
5.1 International Phase
5.1.1 Receiving Office Functions
The provisions of paragraphs 5.1.3 to 5.1.15 and 5.3.1 to 5.3.7 of this chapter will be
applicable by the Superintendency once it proceeds to perform the functions of Receiving Office in
the PCT framework.
5.1.2 Receipt of the international application
The Superintendency will receive the international application on behalf of the International Office of the
WIPO as the receiving Office, with the prior authorization of the applicant, in accordance with the provisions of the
19.4a) iii) of the Regulations.
The reception date assigned to the international application will be the filing date
on the condition that the International Bureau as the receiving Office verifies that the
meet the minimum requirements for granting an international filing date in accordance with
to article 11.1) of the Treaty.
5.1.3 Empowered applicants
In relation to what is stated in article 9 of the Treaty and rules 18.1 and 19 of the Regulation,
The internal provisions for the determination of the nationality or domicile of the
Applicants, be they natural or legal persons.

* External Circular No. 007 of November 2009. Published in the Official Gazette No. 47,565 of December 16,
2009 ..

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The request may be submitted directly by the interested party or by the representative or attorney-in-fact,
cases in which it will be subject to the provisions of rule 90 of the Regulation.
5.1.4 Language of filing of international applications
In accordance with the provisions of rule 12.1a) and c) of the Regulations, international applications
must be presented to the Superintendency in its capacity as receiving office in the language
Castilian. The request must also be submitted in Spanish by virtue of what is indicated in
rule 12.1c) of the Regulations
5.1.5 Number of copies of the application.
The applicant must submit to the Superintendency, acting as the receiving Office, three
copies of the international application pursuant to the provisions of rule 11.1b) of the
Regulation. The original copy will be transmitted to the International Bureau, a copy copy
will be transmitted to the competent Administration in charge of the international search in the
prescribed language and the other copy will be kept by the Superintendency in its capacity
Receiving Office. Upon receipt of the request, the Superintendency will verify that
each copy is identical to the original
5.1.6 Request in PCT-EASY format.
In accordance with the provisions of rule 89 ter of the Regulations, international applications must
be presented on paper before the Superintendency, acting as the receiving Office, and the applicant
You may submit a copy of the summary and the request completed by means of the
PCT-SAFE system, in the PCT-EASY format.
5.1.7 Payment of fees.
As indicated in rules 14, 15 and 16 of the Regulation, the deposit of an application
before the Superintendency acting as receiving Office, will cause the payment of a
transmission fee in your favor and the international filing and search fees that are
They will be destined for the competent administrations.
5.1.8 Documents presented by telecommunications.
The Superintendency acting as receiving Office, by virtue of the provisions of rule 92.4.h)
of the Regulations will not consider the documents that constitute an international application or
any document or correspondence related thereto sent by telegraph, teleprinter or
telecopier or by any other means of communication that results in the presentation of
a printed or written document.

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5.1.9 Requirement of basic requirements
If it turns out that the international application does not meet any of the requirements established in the
Article 11.1 of the Treaty, the Superintendency, acting as the receiving Office, will require the
applicant so that within the terms provided in rule 20.7 of the Regulations , carry out the
corrections for the purposes of article 11.2 or provide the omitted part, as the case may be, or so that
confirm the incorporation by reference of elements or parts as established in Rule 20.6
a) of the Regulation,
5.1.10 Correction of the international filing date due to the omission of parties in the
terms of Rule 20.5 of the Regulations.
It will result in the correction of the international filing date indicated in the request, the
omission of parts of the description, claims or drawings, in the case provided for in Rule 20.5
c). The international filing date will be the date of receipt of the omitted part.
5.1.11 Non-compliance with basic requirements
If the international filing date has been granted, the Superintendency acting as Office
recipient notices, within four months from the filing date, that no
met any of the requirements established in article 11.1 of the Treaty, it will be considered withdrawal
the request and the Superintendency will so declare.
Before making said statement, the Superintendency will notify the applicant of its intention to
formulate it and the reasons on which it is based. The applicant may respond to the notification stating
their arguments within the period of one month following said notification.
5.1.12 Requirement for correction of defects.
When the international application presents any of the defects indicated in article 14.1a) of the
Treaty, the Superintendency, acting as the receiving Office, will require the applicant to
make the corrections within the period of one month following the date of the request, under penalty
consider withdrawing the international application.
The Superintendency at the request of a party may extend said term once, for a period
reasonable depending on the case. The extension must be requested before the expiration of the term granted
in the request and will not generate the payment of any fee.
5.1.13 International applications or designations considered withdrawn.

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In the event that the Superintendency considers withdrawing an international application or the designation of
a State, will notify the decision to the applicant and the International Bureau and will proceed subject to
the provisions of rule 29 of the Regulation.
5.1.14 Request for review.
In the event that the Superintendency, acting as the receiving Office, denies the granting of a
date of filing or consider withdrawing an international application, the applicant by virtue of the
provided for in Article 25 of the Treaty and within the period set in Rule 51 of the Regulations, it may
request the International Bureau to send a copy of all the documents of your application to the
designated offices indicated in the petition, so that the decision made by
the Superintendency.
This request may also be formulated in the event that the Superintendency acting as the Office
recipient considers the designation of a State withdrawn, so that the International Bureau can send
copies of all application documents to the national office of that state.
5.1.15 Preparation of the priority document.
If the international application filed with the Superintendency claims the priority of a deposit
above in Colombia, the applicant under the terms of rule 17.1b of the Regulation may request the
Superintendency to prepare and transmit the priority document to the International Office.
Said request will cause the cancellation of a fee in favor of the Superintendency.
If the applicant does not pay the required fee at the time of making the request, he will be required to
cancel it within the period set in the requirement, under penalty of not processing said request.
5.1.16 Administrations in charge of international search
In view of the provisions of article 16.2 of the Treaty, Administrations will be considered
in charge of the international search for the execution of application searches
documents filed with the Superintendency, the Russian Agency for Patents and Trademarks
(ISA / RU), the Austrian Patent Office (ISA / AT), the Spanish Patent and Trademark Office
(ISA / ES) and the European Patent Office (ISA / EP).
5.1.17 Administrations in charge of the international preliminary examination.
In view of the provisions of article 32.2 of the Treaty, Administrations will be considered
International Preliminary Examiners for International Preliminary Examinations of
international applications filed with the Superintendency, the Russian Patent Agency

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and Trademarks (IPEA / RU), the Austrian Patent Office (IPEA / AT), the Spanish Patent Office and
Trademarks (IPEA / ES) and the European Patent Office (IPEA / EP).
5.1.18 Referral services
The Superintendency will admit any referral service other than those provided by the
postal administration, as long as it is considered legally admissible and can register the
date of submission of the respective document.
When the services of the postal administration are not used to send a document or
letter, it is accepted to apply the same treatment as that provided under rule 82.1.a) to c) of the
Regulation for when postal administration services are used.
5.2 National Phase
5.2.1 Delay in the national procedure
The Superintendency, in its capacity as the designated or elected office, will not initiate the procedure
national application of an international application before the expiration of the 31-month period prescribed for
enter the national phase, unless the applicant submits a petition to the Superintendency
express notice of early initiation of the national procedure, in accordance with articles 23.2) and 40.2) of the
Treaty.
5.2.2 Protection Modalities
In accordance with the provisions of rule 49bis of the Regulations, the applicant must indicate to the
moment of performing the acts prescribed in Article 22 of the Treaty, if you want the request
It is processed in the national phase as an application for a patent for an invention or one of
utility model patent. Each request must refer only to one type of
protection.
If the applicant does not expressly indicate that it is an application for a patent for an invention or a
utility model, the Superintendency will process the request in accordance with the rate
paid.
5.2.3 Effects of the international application
By virtue of the provisions of Article 11.3 of the Treaty, any international application that designates
to Colombia will have, from the international filing date, the effects of a filing
regular national in Colombia.

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5.2.4 National filing date
For all legal purposes, the international filing date will be considered as the
effective filing date in Colombia.
5.2.5 Minimum requirements for entry into the national phase under Chapters I and II
of the Treaty.
If the international application was not filed in Spanish, to enter the national phase in
By virtue of Article 22 or Article 39.1 of the Treaty, the applicant must submit to the
Superintendency in its capacity as designated office or elected office, within a period of 31
months from the priority date, a translation into Spanish of the international application
as presented.
Within the specified period, the applicant must pay the established national rate.
If the applicant does not perform the aforementioned acts to enter the national phase within the aforementioned period
the request will be considered withdrawn.
5.2.6 Modifications made in the international stage by virtue of chapters I and II of the
Treaty
If as a result of the international search report (chapter I) the applicant has made
modifications to the claims, the translation provided by the applicant must contain
further the claims as amended.
If during the international preliminary examination (Chapter II) the applicant has made modifications to the
international application, the translation provided by the applicant must also contain the
modifications made in accordance with the provisions of article 34.2) b) of the Treaty.
When the translation provided by the applicant does not contain the modifications as required
Chapter I or II, the Superintendency will require the applicant to collect within two months
the translation of the missing modifications.
If at the expiration of the term granted the applicant does not present the translation of the modifications
required, such modifications will be ignored and will proceed based on the request
initially filed.
5.2.7 Restoration of rights
The power provided for in rule 49.6 of the Regulations may be exercised by filing before
the Superintendency of a petition that contains the reasons why it did not carry out the acts
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provided for in articles 22 or 39.1) of the Treaty within the period indicated, together with the evidence
that support it and the established rate.
For this purpose, the applicant must submit the request for restoration and enter the national phase.
within the terms provided in the aforementioned rule 49.6b) of the Regulations.
Any means of documentary evidence that leads to demonstrating that the
non-compliance was unintentional or the applicant acted with due diligence.
If the Superintendency finds that the petition does not meet the established requirements or that the
Applicant does not prove that the breach was unintentional or occurred despite due diligence
due according to the circumstances, will notify the applicant so that, within the non-extendable period of
two months from the notification, submit the pertinent observations.
If the applicant does not respond within the specified period, the request for
reestablishment by means of a motivated administrative act. If the applicant responds and the request
meets the required requirements, by means of a motivated administrative act the right of the
applicant.
Due diligence assumes that the applicant took the required precautions to perform the
acts prescribed in articles 22 or 39.1) of the Treaty within the period indicated, but due to
extraordinary circumstances has failed to comply.
5.2.8 Priority document
If the applicant has not submitted the priority document of an international application within the
term provided in rule 17.1a) or in the terms provided in rule 17.1b) or b- bis) of the
Regulations, you must submit the priority document to the Superintendency within the deadline
of two months following the date on which the acts are carried out to enter the national phase
mentioned in article 22 or 39.1) of the Treaty, as the case may be.
If the priority document is accessible in a digital library, instead of delivering the copy,
The applicant may indicate the name or electronic address of the digital library where the
find that document.
If at the expiration of the indicated term the applicant does not provide the indicated requirement or the information
necessary for the Superintendency to access the priority document, the
priority claim and the application will continue its processing.
5.2.9 Translation of priority document

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In accordance with the provisions of rule 51bis.1e ) of the Regulations, the Superintendency will require the
applicant a simple translation into Spanish of the priority document, when the validity of the
priority claim is relevant to determining whether the invention is patentable. Also
may require the applicant in the case of incorporation by reference of a party according to the rules
4.18 and 20.6 of the Regulations, to indicate the place of the priority document in which the
omitted part.
The applicant will have a period of two months from the date of notification of the
requirement to deliver the required translation or information, in accordance with the provisions of the
Rule 51.bis.3 of the Regulations.
If at the expiration of the indicated term the applicant does not provide the indicated translation or information
required, the priority claim will be ignored and the application will continue its processing.
5.2.10 Reception of the request
Once the application documents have been delivered, the Superintendency will proceed to assign the
receipt as it does for national applications, provided that it contains the requirements
minimums for entry into the national phase.
5.2.11 Opportunity to exercise the power provided for in articles 28 and 41 of the Treaty
The applicant may modify the claims, description and drawings submitted once
has complied with the acts provided for in article 22 or article 39.1) of the Treaty with
reason for entering the national phase, within the period established in article 34 of the Decision
486 and with the same requirements established for the submission of application modifications
nationals.
5.2.12 Examination of the application
The application will be subjected to an examination to verify whether it contains the requirements set forth in the
national legislation applicable in accordance with article 27.1) of the Treaty and those admitted according to
Rule 51bis of the Regulation, particularly those indicated in articles 26 and 27 of the Decision

486.
5.2.13 Lack of national requirements.
If any of the aforementioned requirements were not met upon entering the national phase, the
The Superintendency will notify the applicant to comply with said requirements in the terms
indicated in Article 39 of Decision 486.

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5.2.14 Publication in national phase
The Superintendency will publish international applications in Spanish when they enter
the national phase as long as they meet the established requirements. This publication will have the effects
provided for in Articles 42 and 239 of Decision 486.
In any case, the publication will refer to the date of receipt of the request in the phase
national and assigned number. It will also be made of the number and date of presentation of the
international application and the number and date of the international publication.
5.2.15 Substantive examination.
Within the period of six months following the publication of the application, the applicant must request
to examine whether the invention is patentable. For utility model patent applications
the term will be three months by virtue of the provisions of Article 85 of Decision 486.
This examination request must be accompanied by proof of payment of the respective fee.
If within the established period the applicant does not request that the examination be carried out, the application will fall into
abandonment, as established in Article 44 of Decision 486 of 2000, applicable provision
both to invention patents and utility model patents, in accordance with the
established in the aforementioned Article 85 of the Andean Decision.
5.2.16 Lack of unity of invention of the international application by virtue of the search
international or international preliminary examination
If the Superintendency finds the requirements justified due to lack of unity of invention
mentioned in Articles 17.3) a) and 34.3) a) of the Treaty, in addition to the fact that the applicant has not
paid the fees required in due course by the competent Administration, based on
In the provisions of articles 17.3) b) and 34.3) b), it will consider withdrawals, without the need for a declaration,
the parts of the international application that have not been searched or examined
preliminary, unless the applicant cancels to the Superintendency the rates established in case of
lack of unity of invention, for which the applicant will be required during the substantive examination.
5.2.17 Declarations submitted under rule 4.17 of the Regulations.
The scope of these statements will be determined as they clearly indicate an assignment of
rights of the inventor to the applicant or his deceased, in accordance with the provisions of literal k)
of Article 26 of Decision 486.
Statements about non-detrimental disclosures shall have the scope provided in article
17 of the aforementioned Andean Decision.
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5.2.18 Duration of the patent
For the purposes of what Article 11.3 of the Treaty attributes to a PCT application, the term of duration
of the patent must be counted from the international filing date, which is considered
as the effective filing date in Colombia
5.3 International Phase Rates
5.3.1 Fee calculation sheet.
The applicant may, at the time of filing the international application, submit
the fee calculation sheet that is attached as an annex to the PCT / RO / 101 form or
of the corresponding format of the PCT-SAFE system (PCT-EASY), to identify and calculate the
amounts to be paid.
5.3.2 Currency and value of fees.
The applicant must cancel in favor of the Superintendency the transmission fee provided for in the
Rule 14.1a) of the Regulations. The value will be that established in the resolution of rates of the
Superintendence.
The international filing and search fees provided for in rules 15 and 16 of the
Regulations, will be received by the Superintendency in favor of the International Office and the
Administration in charge of the international search, respectively.
The values ​of the fees will be those set in the Table of fees annexed to the Regulations of the Treaty.
in force at the time of submission of the application.
5.3.3 Fee for late payment.
The payment of the fees established for the deposit of an international application, which is made in
By virtue of the requirement set forth in rule 16bis.1 of the Regulations, it is subject to the payment of a
late payment fee in favor of the Superintendency, the value of which will be determined in accordance with
the provisions of rule 16bis.2 of the Regulations.
5.3.4 Fee for transmission to the International Bureau to act as the receiving Office.
By virtue of the provisions of rule 19.4.b) of the Regulations, for the transmission of a request
received by the Superintendency on behalf of the International Office as Office
recipient according to rule 19.1a) iii) of the Regulation, the applicant must pay a fee of

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transmission in favor of the Superintendency equivalent to the amount of the transmission fee
established by virtue of the provisions of rule 14 of the Regulations.
5.3.5 Reduction of the international fee for the use of the PCT-SAFE system (PCT-EASY).
Applicants who submit international applications to the Superintendency using the
PCT-SAFE (PCT-EASY) system, they will be entitled to a reduction of the total value of the
international filing, if the following conditions are met:
a) Submit the computer-printed request made according to the PCT-EASY format, which makes
part of the PCT-SAFE system.
b) Attach on magnetic medium a copy of the request completed in the PCT-EASY format and of the
resume. All the application documents are attached on paper.
5.3.6 Fee for late delivery of the translation for international search purposes.
By virtue of the provisions of rule 12.3e) of the Regulations, the applicant must cancel in favor of
the Superintendency a fee for late delivery of the translation of the international application that
comply with the conditions of the Search Administration, equivalent to 25% of the amount of the
international filing fee. This fee will be canceled by virtue of the requirement that
establishes rule 12.3c) ii) of the Regulations
5.3.7 Fee for issuance by the Office receiving the priority document
By virtue of the provisions of Rule 17.1.b of the Regulations and within the period established therein, the
Applicant must pay in favor of the Superintendency a fee for the purposes that it as
Receiving office, prepare the priority document (certified copy of the previous application whose
priority is claimed in the international application) and transmit it to the international office.
The Superintendency will charge a value for the issuance of the copy and another for its transmission to the
International Office.
5.3.8 Reduction of certain rates for natural persons
International applications filed under the Treaty by natural persons, nationals
and domiciled in Colombia , will be entitled to a 90% reduction in the filing fee
international.
If there are other applicants, each of them must meet the above requirements, with
except that they may be nationals or domiciled in other States whose national income per
capita complies with that specified by the Treaty Union Assembly to benefit from the
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reduction; or, natural person or not, national and domiciled in a State that is considered as
least developed country by the United Nations.
The reduction of the international preliminary examination and search fees will be at the discretion of the
Administrations in charge of international search and international preliminary examination,
respectively.
5.4 National Phase Rates
5.4.1 National rate.
In order to enter the national phase, the applicant must cancel in favor of the Superintendency
a fee, the value of which will be equivalent to the fee required for submitting an application
national rate, which can be consulted in the First Chapter of this Title
5.4.2 Patentability examination fee.
When a report has been established in the international application that has entered the national phase
international search or international preliminary examination, in accordance with Chapters I
and II of the Treaty, the applicant will cancel a fee for the examination of patentability in favor of the
Superintendency, rate that can be consulted in the First Chapter of this Title.
5.5 Complementary Provisions
5.5.1 Forms.
To enter the national phase, the applicant may fill out and file Form PI02-F06 Annex
6.15, together with the prescribed documents. This form will contain the essential data of the
international application.
5.5.2 Review by the Superintendency.
When a receiving Office refuses to grant a filing date to an application
that designates Colombia or declares that it is considered withdrawal in the cases provided in
Article 25 (1) (a) of the Treaty, or when the receiving Office declares that the
designation of Colombia as indicated in Article 25.1) b) of the Treaty, the applicant may
request the Superintendency, within a period of two months from the date of its
notification, the review of such determinations, cases in which it must enter the national phase
presenting a copy of the international application if it was presented in Spanish or a
translation if it is in a language other than Spanish along with the payment of the fee
respective national.

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If the Superintendency considers that the determination is not justified, it will process the
international application under the terms established in article 25.2) a) of the Treaty.
5.5.3 International reports
International search and international preliminary examination reports even when they may
constitute referents, they will not be binding on the decisions that the
Superintendency on patentability.
5.5.4 Fees for services
The values ​for the services provided by the Superintendency will be those established by the act
administrative authority that issues to set the fees for procedures related to industrial property.
5.5.5 Application of standards
The Superintendency, acting as the receiving Office, will process international applications for
in accordance with the rules of the Patent Cooperation Treaty, its Regulations and
Administrative Instructions.
Decision 486 and its complementary rules will be applied in any case to requests that
designate or elect Colombia and that they have begun their processing before the Superintendency of
Industry and Commerce".

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