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The death of a family member can be emotionally draining. But it’s the practical aspects of someone’s passing that can put unnecessary stress on a family.

Our Family Law Practice Group can help families manage all legal and regulatory issues that arise following the death of a loved one including, but not limited to:

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  • Settling Estate:

Whether decedent executed a valid Last Will and Testament (“Testamento”) or died intestate, our firm can assist estate executor (“albacea testamentario”) and/or legal heirs throughout the probate process. Our service includes interacting with executors, beneficiaries (“herederos legales o testamentarios”) and creditors, filing legal documentation with local notaries and courts, and filing tax documentation with local tax authorities.

  • Locating Assets:

It may be necessary to locate, collect or otherwise secure assets of decedent located in Colombia in order to safeguard the decedent’s estate.

  • Asset Management:

We can assist executor in managing assets throughout the probate process. This can involve monitoring financial accounts, paying ongoing bills and expenses, overseeing the maintenance and repairs of real property and other services.

  • Asset Sales:

If the executor decides to sell specific estate assets or the Last Will and Testament requires that such a sale take place, assets may need to be appraised, managed and or repaired prior to sale to third parties.

  • Tax Analysis:

Probate will require ongoing tax analysis to ensure that all assets are sold and disposed of in the most tax efficient manner.

  • Executor’s Services:

Clients can name our law firm as official executors of their estates in order to improve the efficiency of the probate process and to protect specific assets from third parties.

  • Estate Lawsuits:

From engaging in ongoing negotiations to managing mediation, arbitration and civil actions, we regularly represent parties involved in estate disputes.

Corporate Structure

At a minimum, the S.A.S. form requires a shareholder and a legal representative. A board of directors is not required. An auditor may be required depending on the size of the company or the specific industry.

Legal Representative

Unlike other countries, the title of “legal representative” is crucial in a Colombian company. A legal representative will have complete access to the company’s books and bank accounts and will be able to bind the company when signing legal agreements. Keep in mind that the legal representative should be someone who is based in Colombia as legal representatives will need to sign documentation on a regular basis. This is why many foreign investors grant legal representation status to their local legal counsel or local manager.

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Corporate Flexibility

The S.A.S. form has a great deal of flexibility: (i) one person may own all the ownership interests in the S.A.S.; (ii) the same person can be sole shareholder, legal representative and manager; (iii) allows for the creation of a preferred stock structure; (iv) business may have a perpetual existence; (v) no obligation to maintain a reserve on its books (as is the case with other legal forms); (vi) no obligation to pay a minimum dividend (as is the case with other legal forms); (vii) no need to register a public deed in connection with its registration (as is the case with other legal forms); and (viii) allows for private mediation/arbitration for disputes between shareholders.

Registration Process

Registration via (i) written bylaws that are signed and notarized under Colombian law or (ii) written bylaws that are signed at the local chamber of commerce. Registration valid only after company is listed on the business registry (“Registro Mercantil”) of the local chamber of commerce.

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Company Name

You will have a great deal of flexibility when choosing the name of your company, though there are certain limitations. For example, the name of your company cannot be similar to the name of another company already registered. In addition, you cannot use certain names that are considered against “the public interest.” At the end of the name you need to include “sociedad por acciones simplificada” or the more traditional “S.A.S.”

Business Purpose

To register a S.A.S. you will need to specify at least one purpose for the company, though you can also add that it may conduct any business that is allowed under Colombian law.

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Limited Liability

The S.A.S. form grants shareholders broad limited liability. Note that the corporate veil may be pierced due to actual fraud and/or failure to maintain corporate formalities.

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Corporate Structure

At a minimum, the S.A.S. form requires a shareholder and a legal representative. A board of directors is not required. An auditor may be required depending on the size of the company or the specific industry.

Legal Representative

Unlike other countries, the title of “legal representative” is crucial in a Colombian company. A legal representative will have complete access to the company’s books and bank accounts and will be able to bind the company when signing legal agreements. Keep in mind that the legal representative should be someone who is based in Colombia as legal representatives will need to sign documentation on a regular basis. This is why many foreign investors grant legal representation status to their local legal counsel or local manager.

^
^
^
^

Corporate Flexibility

The S.A.S. form has a great deal of flexibility: (i) one person may own all the ownership interests in the S.A.S.; (ii) the same person can be sole shareholder, legal representative and manager; (iii) allows for the creation of a preferred stock structure; (iv) business may have a perpetual existence; (v) no obligation to maintain a reserve on its books (as is the case with other legal forms); (vi) no obligation to pay a minimum dividend (as is the case with other legal forms); (vii) no need to register a public deed in connection with its registration (as is the case with other legal forms); and (viii) allows for private mediation/arbitration for disputes between shareholders.

Registration Process

Registration via (i) written bylaws that are signed and notarized under Colombian law or (ii) written bylaws that are signed at the local chamber of commerce. Registration valid only after company is listed on the business registry (“Registro Mercantil”) of the local chamber of commerce.

^
^
^
^

Company Name

You will have a great deal of flexibility when choosing the name of your company, though there are certain limitations. For example, the name of your company cannot be similar to the name of another company already registered. In addition, you cannot use certain names that are considered against “the public interest.” At the end of the name you need to include “sociedad por acciones simplificada” or the more traditional “S.A.S.”

Business Purpose

To register a S.A.S. you will need to specify at least one purpose for the company, though you can also add that it may conduct any business that is allowed under Colombian law.

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^
^
^

Learning Center

Limited Liability

The S.A.S. form grants shareholders broad limited liability. Note that the corporate veil may be pierced due to actual fraud and/or failure to maintain corporate formalities.

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