The creation of a non-governmental organization (NGO) in Colombia is not a very difficult process to carry out. It takes time, but apart from that it is only necessary to have certain points well defined. Read on to find out what they are.
Steps
Part 1 of 4: Pre-consulting
Step 1. Check if the tentative names you want to give the entity have already been taken
You can make the query at the headquarters of the Chamber of Commerce or at the notaries of the town where the entity will be established.
You can also make the query through the portal www.rues.com.co
Step 2. Check which code corresponds to the activity that the entity will develop
This is a code assigned by the international ISIC activity identification system.
This query can be done at the headquarters of the Chamber of Commerce, or through its web portal
Step 3. Check the brand
If the entity to be created is going to be linked in any way to a brand, you must verify that it does not exist.
This consultation can also be done at the headquarters of the Chamber of Commerce, or through its web portal
Step 4. Floor consultation
Depending on the activity to be carried out by the NGO, it must be verified that it can be carried out where the entity is to be located.
In the same way, this consultation can be carried out at the headquarters of the Chamber of Commerce or on its web portal
Part 2 of 4: Prepare the NGO creation document
Step 1. Call a meeting in order to create this document
Set date, time and place. Founding members must attend this meeting.
Step 2. Choose the type of document by which the NGO will be created
This can be done through 3 types of document.
- Act of constitution: this document establishes the creation of the NGO as a non-profit entity, it must be called "Act of the constitution assembly" and signed by the president and secretary of the meeting. The minutes should also include the bylaws.
- Private document: it must have the same content as the minutes, with the difference that it must be recognized and signed before a public notary, or failing that, it must be recognized in person by all the constituent members before a judge or secretary of the Chamber of Commerce, when the documents are to be filed, or by an attorney with the corresponding power of attorney.
- Public deed: this must be done in a notary's office and must be signed by all the founding members or by proxy, with the corresponding power of attorney. It must contain the same data as the previous options. This is the type of document required when real estate has been contributed that will be part of the NGO's assets.
Step 3. Prepare the NGO creation document
Remember that, whatever the type of document, its purpose is to express the will to create the entity.
Part 3 of 4: Developing Bylaws
Step 1. Define the identification data of the NGO
Here you must indicate all the information by which the NGO will be identified, as well as the identification information of its founders.
- Contact information for the founders, such as names, documents and identification numbers and home addresses.
- Name of the NGO. If it has acronyms, indicate them. Keep in mind that, depending on the entity that complies, the name must follow certain guidelines.
- Indicate the type of legal person (corporation, association, foundation, etc.).
- Full address of the organization.
- Social purpose of the NGO. It should be indicated what will be the main activities to which the organization will be dedicated.
Step 2. Establish the information regarding the capital of the NGO
That is, everything related to the organization's assets, an estimated amount of its initial capital and the amount and management of contributions.
- In the event that the patrimony includes real estate, a description of them must be made, referring to boundaries, real estate registration numbers, proof of payment of taxes from the Registry of Public Instruments, by means of a public deed.
- The way in which the liquidation will be made should also be indicated in the event of dissolution of the organization, specifying the destination of the remainders.
Step 3. Define what will be the structure and operation of the organization
In the clearest and most precise way, it should be indicated which bodies or parties the NGO will consist of, what function each one will have, as well as the data of the people who will hold these positions with their duly signed acceptance.
- If there is a statutory auditor, establish powers and obligations thereof. The entities of the solidarity sector (such as foundations) must have this figure.
- Include arbitration clause. This clause is included in order to serve as an arbitration instrument in the event of conflicts or differences between the members of the NGO.
- Indicate the duration of the entity, or failing that, if its validity is indefinite and the reasons for its dissolution.
Step 4. Establish what is related to the meetings held by the NGO
In other words, everything related to the periodicity of ordinary meetings, causes of extraordinary ones and the way in which these meetings will be convened.
Remember to designate a person or body in charge of the calls for meetings
Step 5. Attach a certificate signed by the legal representative
This certificate must certify that the entity's creation process has been carried out following the established rules and regulations.
Part 4 of 4: Register the NGO as E. S. A. L
Step 1. Fill out the required forms
These are: the single business and social registration form, the registration form with other entities and the RUT form.
Step 2. File the incorporation document and forms
These must be filed with the Chamber of Commerce corresponding to the address of the NGO.
Step 3. Make the relevant payments
These are the payment of registration fees in the Chamber of Commerce and the payment of registration tax.
If real estate has been contributed to the NGO's patrimony, the second of the aforementioned taxes should not be paid, but be sure to attach the proof of payment of taxes from the Public Instruments Registry
Advice
Make sure that the names, identification numbers and addresses of those who sign the incorporation document coincide in all the documents where they appear
Warnings
- The law establishes a period of up to 2 months for the registration of the incorporation document, from its creation.
- Without a constitution document there can be no registration of the entity in the Chamber of Commerce.
- There are certain types of E. S. A. L. They do not require registration with the Chamber of Commerce. You can consult the list on this page, through the link "Entities that are not obliged to register with the chambers of commerce".