Reminders
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Companies
There are 2 main duties
Compartir
Companies that as of December 31st of each year comply with the criteria mentioned on numeral 4 of the external circular No. 100-000011 of August 9, 2021, for being obliged to implement a PTEE will have until May 31st of the following year to implement a PTEE that complies with the provisions set forth in the Circular.
These companies must send an official letter to the Superintendence, within 15 working days following the expiration of the term for the adoption of the PTEE, informing about their status as obliged company.
“Informe” 52 – Transparency and Business Ethics Programs
All companies that complied with the criteria to implement PTEE as of December 31 of the previous year, have to submit “Informe 52” the immediately next year within the terms established by the Superintendence for this matter.
(To see due dates to present the “Informe 52” form click here).
Companies that by December 31st, of the previous year meet the following criteria must implement SAGRILAFT no later than May 31, 2022, depending on the following sectors of the economy:
2.1. Real Estate Agents
a. Assets or Total Income as of December 31, 2021, equal to or higher than 30,000 minimum monthly legal wages (COP$30,000,000,000).
b. Having within its corporate purpose the possibility of undertaking real estate activities (rendering intermediation services in the purchase, sell, barter or lease of real estate), and
c. That in 2021 had undertaken businesses or transactions related with real estate activities for an amount equal or higher to 100 minimum monthly legal wages (COP$100,000,000).
2.2. Commercialization of precious metals and precious stones
a. Assets or Total Income as of December 31, 2020, equal to or higher than 30,000 minimum monthly legal wages (COP$30,000,000,000).
b. Had regularly undertaken activities in the commercialization of precious metals and precious stones.
2.3. Legal Services
a. Assets or Total Income as of December 31, 2021, equal to or higher than 30,000 minimum monthly legal wages (COP$30,000,000,000).
b. That its economic activity registered at the Chamber of Commerce, or the activity that generates most income, correspond to the one identified with the code 6910 (CIIU Code Rev. 4 A.C.).
2.4. Accounting services
a. Assets or Total Income as of December 31, 2021, equal to or higher than 30,000 minimum monthly legal wages (COP$30,000,000,000).
b. That its economic activity registered at the Chamber of Commerce, or the activity that generates most income, correspond to the one identified with the code 6920 (CIIU Code Rev. 4 A.C.).
2.5. Construction of buildings and civil engineering projects
a. Assets or Total Income as of December 31, 2021, equal to or higher than 30,000 minimum monthly legal wages (COP $30,000,000,000).
b. That its economic activity registered at the Chamber of Commerce, or the activity that generates most income, correspond to the ones identified with the codes 4111, 4112, 4219, 4220 (CIIU Code Rev. 4 A.C.).
2.6. Virtual Assets services
a. Total Income as of December 31, 2021, equal to or higher than 3,000 minimum monthly legal wages (COP$3,000,000,000), or Assets equal or higher to 5,000 minimum monthly legal wages (COP$5,000,000,000).
b. That undertakes, in its on behalf or on behalf of other individuals or companies any of the following activities or operations for a value (individually or jointly) equal or higher to 100 minimum monthly legal wages (COP$100,000,000):
I. Trade of virtual assets and fiat coins.
II. Trade of one or more forms of virtual assets.
III. Transfer of virtual assets.
IV. Custody or management of virtual assets or instruments that allows control over virtual assets.
V. Participate and providing of financial services related with the offer to an issuer or sell of a virtual asset.
VI. In general, services related with virtual assets.
2.7. Special surveillance sectors or regimes
a. Management companies of commercial self-financing plans.
b. Companies that operates libranzas, under the surveillance of the Superintendence of Companies.
c. Companies that undertakes multi-level marketing activities.
d. Livestock funds.
e. Companies that undertake factoring activities, under the surveillance of the Superintendence of Companies.
2.8. Companies that receive capital contributions in virtual assets
Companies that as of December 31st, 2021, had received one or more capital contributions in virtual assets, equal or higher (jointly or individually) to 100 minimum monthly legal wages (COP$100,000,000).
2.9. Any other industry
Assets or Total Income as of December 31, 2021, equal to or higher than 40,000 minimum monthly legal wages (COP$ 40,000,000,000).
“Informe” 50 – LA/FT/FPADM Risk Prevention
All companies that complied with the criteria to implement SAGRILAFT as of December 31 of the previous year, have to submit the “Informe 50” the immediately next year within the terms established by the Superintendence for this matter.
(To see due dates to present the “Informe 50” form click here).
Companies that by December 31st, of the previous year meet the following criteria must implement SAGRILAFT no later than May 31st, of this year, depending on the following sectors of the economy:
3.1. Real Estate Agent
a. That on a regular basis render intermediation service in the purchase or selling of real estate in favor of its clients.
b. Assets as of December 31st, 2020, equal or higher to 5,000 monthly legal minimum wages (COP$5,000,000,000), or Total Income equal or higher to 3,000 monthly legal minimum wages (COP$3,000,000,000).
3.2. Commercialization of precious metals and precious stones
a. That on a regular basis trade or commercialize precious metal and stones.
b. Assets as of December 31st, 2021, equal or higher to 5,000 monthly legal minimum wages (COP$5,000,000,000), or Total Income equal or higher to 3,000 monthly legal minimum wages (COP$3,000,000,000).
3.3. Legal services.
a. That its economic activity registered at the Chamber of Commerce, or the activity that generates most income, correspond to the one identified with the code 6910 (CIIU Code Rev. 4 A.C.).
b. Assets as of December 31st, 2021, equal or higher to 5,000 monthly legal minimum wages (COP$5,000,000,000), or Total Income equal or higher to 3,000 monthly legal minimum wages (COP$3,000,000,000).
3.4. Accounting services
a. That its economic activity registered at the Chamber of Commerce, or the activity that generates most income, correspond to the one identified with the code 6920 (CIIU Code Rev. 4 A.C.).
b. Assets as of December 31st, 2021, equal or higher to 5,000 monthly legal minimum wages (COP$5,000,000,000), or Total Income equal or higher to 3,000 monthly legal minimum wages (COP$3,000,000,000).
Section 2.3 from Circular 002 of 2015 issued by the Superintendence of Industry and Commerce, establishes that every year between January 2nd and March 31st updates to the National Data Base Registry must be performed.
The mentioned updates must include any change that the data base has suffered within the previous year, i.e. if the number of data subjects included in the data base changed, if there was any change on the corporate name of the data controller, among others.
Please note that substantial changes, such as those related with the purposes to handle data, the data processor, the attention lines, classification and types of personal data, and international data transfers and transmissions, must be reported within the first 10 business days of the month in which the changes took place.
If by the time of the annual update there are any substantial changes that have not been registered those should be registered at the annual update.
Please note that when a new data base is created, it must be registered within the NDBR within the following two (2) months in which it was created.
Also, it is necessary to perform the corresponding report of claims presented by data subjects in the previous semester; such report must be performed at the NDBR and shall be complemented every semester during the first fifteen (15) business days of February and August; therefore for year 2022 the first report on claims (positive or negative) presented by data subjects must be filed no later than on February 21st 2022 in which the claims performed by data subjects during the previous semester (July to December 2021) must be reported. Also, note that the second report of claims performed by data subject, must be filed on the first fifteen (15) business days of August and therefore this year it must be performed no later than on August 22nd, 2022 (in this case it is necessary to report the claims received from January to June 2022).
At last, it is important to remind you that the companies that must comply with the registry obligation are those with assets of more than 100.000 UVT (for 2022 COP $3,800,400,000), approx. USD$974,462). However, all the entities that perform any data handling activity (i.e. collect, use, storage) must comply with all of the other obligations established in the data protection regulation.
