Doing business in Colombia
What does a corporate lawyer do?
Corporate counsel supports a company’s legal decisions: structuring companies, preparing and negotiating contracts, organizing shareholder relations, managing risks and connecting compliance with business goals. Much of the value lies in preventing disputes, not only responding to them.
Can a foreign investor incorporate a company in Colombia?
Foreign individuals and legal entities can generally own or participate in Colombian companies. The chosen structure should account for corporate registration, tax, foreign-exchange, beneficial ownership and investment reporting requirements.
How do you form an SAS company in Colombia?
Formation involves defining shareholders, name, registered office, activities, capital, management and decision rules; preparing bylaws; registering with the relevant chamber of commerce; and completing applicable tax and operational requirements. A standard form may register a company without preparing it for shareholder disagreements or investment.
When does a company need corporate counsel?
It is useful to seek advice before incorporation, admitting shareholders or investors, signing material contracts, protecting intangible assets, hiring staff, expanding or responding to a dispute. Preventive advice often leaves more options than a consultation after a risk has materialized.
Contracts and governance
What should a Colombian commercial contract include?
The document should identify the parties, scope, obligations, payment, term, termination, liability, confidentiality, intellectual property, dispute resolution and governing law as applicable.
Why does corporate governance matter?
Governance determines who decides, how decisions are documented, how management is supervised and how conflicts of interest are handled. It supports accountability and investor confidence.
Can an English-language contract be used in Colombia?
It may be possible, but enforceability, evidence, required filings and relationships with authorities can make a Spanish or bilingual version advisable. The appropriate approach depends on the transaction.
Trademarks and technology
How are trademarks registered in Colombia?
The process normally includes a preliminary search, class strategy, filing before the SIC and follow-up on examinations, requests or oppositions. A company name or domain does not replace trademark registration.
Does registering a company automatically protect its name as a trademark?
Not necessarily. A company name registered with a chamber of commerce and a trademark registration serve different purposes. Trademark protection depends on the sign applied for, chosen classes, earlier rights and the SIC’s decision.
What legal risks arise from business use of AI?
Relevant issues can include personal data, confidentiality, intellectual property, bias, security, contractual responsibility, transparency and human oversight.
Tutela and the right to health
What if an EPS denies or delays treatment?
Gather relevant clinical records, medical orders, authorizations, denials, communications and filing references. These can support an assessment of a request to the entity, a complaint, action before the authorities or a tutela, depending on urgency and circumstances. For a medical emergency, seek healthcare immediately.
When might a health-related tutela action be appropriate?
It may be appropriate when an action or omission threatens or violates fundamental rights and the constitutional requirements are met. Medical orders, urgency, risk, access barriers and the suitability of other avenues matter. A tutela is not a one-size-fits-all form.
What is a contempt proceeding concerning a health tutela?
It is a procedure to address failure to comply with a tutela order. It does not replace a request for compliance. Its suitability depends on the precise order, the responsible person and what happened after notice of the judgment.
Artificial intelligence and FINAGRO
What legal risks can business use of AI create?
Risks may involve data protection, confidentiality, intellectual property, bias, security, information duties, contractual responsibility and human oversight. Internal rules should identify permitted uses, restricted data, review steps and accountable people in line with actual contracts and operations.
What does a project need to apply for FINAGRO financing?
Requirements depend on the financing line and intermediary, but often include a technical plan, budget, projections, cash flow, repayment capacity, applicant documents and consistency between the investment, productive activity and credit terms. The competent entities decide approval; sound structuring does not guarantee financing.
Working with counsel
Can Colombian legal advice be provided remotely?
Many advisory matters can be handled online. In-person meetings are available in Bucaramanga and its metropolitan area, and in Bogotá by appointment.
Does Carlos Gómez provide legal advice outside Bucaramanga?
The practice is based in Bucaramanga and offers in-person appointments in Bucaramanga, Floridablanca, Girón and Piedecuesta, meetings in Bogotá by prior appointment, and virtual advice in Colombia, Latin America and Europe. Whether a matter can be taken on depends on its nature, location, urgency and initial review.
Does an initial conversation create an attorney-client relationship?
No. The initial exchange helps understand the matter and check potential conflicts. The professional relationship begins only after express acceptance and agreement on scope and terms.
Need an initial legal assessment?
Share the relevant context and documents so the appropriate next step can be considered.
This content is general information and does not replace individual legal advice.