Bloque 5: Las medidas
4. Unidades para establecer tiempo
Cost: No cost
Comments: Once the registration tax and fee have been paid, the public deed can
be registered at the Registry Office (Oficina de Registro de Instrumentos Públicos).
* This procedure is simultaneous with a previous procedure.
REGISTERING PROPERTY
Pereira, Risaralda
Procedure 1. Obtain ownership history and no-lien certificate Time: 1 day
Cost: COP$11,840
Comments: This certificate (Certificado de Libertad y Tradición) provides the legal
information on the property and on its current and previous ownership. The rate is set according to Decrees 1250 of 1970 and 2280 of 2008, the latter modified by Resolution 0035 of 2009. Any individual or legal entity can request this certificate at the Registry Office.
Procedure 2. Obtain the certificate of legal existence and representation of the buyer and the seller of the property from the Chamber of Commerce
Time: 1 day Cost: COP$3,500
Comments: When the parties are limited liability companies, a certificate of legal ex-
istence and representation must be requested from the Chamber of Commerce. This document certifies the existence of the legal entity, indicates its legal representative and provides information on its registered address, its partners, its capital and the date of establishment. The rate is set according to Decree 393 of 2002.
Procedure 3. Review of the property titles by an attorney Time: 2 days
LIST OF PROCE%63&4t STARTING A BUSINESS
115
LIST OF PROCEDURESt REGISTERING PROPERT Y115
Comments: An attorney reviews the previous property titles and the background of
the owner to verify that there are no legal constraints to the transaction. This legal review is not mandatory, but is usually done for this type of transactions. The attor- ney must receive the certificates mentioned in procedures 1 and 2, as well as a copy of the company statutes that authorize the representative to act on its behalf.
Procedure 4*. Pay certificate of no outstanding contribution obligations on property value increases due to public works Time: 1 day (simultaneously with procedure 3)
Cost: COP$8,300
Comments: This document certifies that the property has no pending balances on
contributions obligations on the property value increase. The certificate of no out- standing property tax payments is no longer required. Article 23 of the Municipal Tax Code of Pereira, updated in 2009, accepts a property tax invoice with a paid stamp from the bank in lieu of a certificate of no outstanding property tax payments. Procedure 5*. Obtain the certificate of no outstanding contribution obligations on property value increases due to public works
Time: 1 day (simultaneously with procedure 3) Cost: No cost
Comments: This certificate is proof that the property has no pending balances on
property valuation tax payments. The procedure is done at the Municipal Treasury. The deposit slip and the property’s registration license must be presented. Procedure 6. The notary public prepares the public deed Time: 2 days
Cost: COP$1,675,185 [COP$13,880 + 0.27%*(value of the property - COP$118,680)
for notary fees + COP$9,750 for the public deed + COP$29,250 for copies of the public deed + COP$3,465 for the Superintendence of Notaries + COP$3,465 for the National Notary Fund + 16% VAT].
Comments: The notary public prepares the public deed based on all the documents
submitted by the parties. The notary public is required by law to prepare the public deed. The total cost of the procedure is calculated according to Resolution 9500 of December of 2008. The cost per page of the public deed is COP$1,950 plus VAT. It is assumed that the public deed is 5 pages long.
Procedure 7. Obtain registration tax statement Time: 1 day
Cost: No cost
Comments: This procedure is done at the Tax Department of the Government of
Risaralda.
Procedure 8. Pay registration tax Time: 1 day
Cost: COP$5,128,279 (1% of the property value).
Comments: The registration tax applies to the registration of documentary legal
acts, contracts or deals in which private-sector parties are part or beneficiaries and which must be registered by law at the Registry Office. The registration tax is regu- lated by Law 223 of 1995 and Decree 650 of 1996. Payment is made at a commercial bank.
Procedure 9. Pay registration fee Time: 1 day
Cost: COP$2,564,140 (0.5% of the property value).
Comments: Payment of registration fee legalizes the transaction before the Registry
Office. This payment is done at a commercial bank, which has an agreement with the Registry Office.
Procedure 10. Registration of public deed with the Registry Office Time: 8 days
Cost: No cost
Comments: Once the registration tax and fee have been paid, the public deed can
be registered at the Registry Office (Oficina de Registro de Instrumentos Públicos).
Procedure 11. Inform the cadastre about the change of ownership
Time: 1 day Cost: No cost
Comments: The interested party must notify the transfer of property at the cadastre
office of Instituto Geográfico Agustín Codazzi (IGAC).
* This procedure is simultaneous with a previous procedure.
REGISTERING PROPERTY
Popayán, Cauca
Procedure 1. Obtain ownership history and no-lien certificate Time: 1 day
Cost: COP$11,840
Comments: This certificate (Certificado de Libertad y Tradición) provides the legal
information on the property and on its current and previous ownership. The rate is set according to Decrees 1250 of 1970 and 2280 of 2008, the latter modified by Resolution 0035 of 2009. Any individual or legal entity can request this certificate at the Registry Office.
Procedure 2. Obtain the certificate of legal existence and representation of the buyer and the seller of the property from the Chamber of Commerce
Time: 1 day Cost: COP$3,500
Comments: When the parties are limited liability companies, a certificate of legal ex-
istence and representation must be requested from the Chamber of Commerce. This document certifies the existence of the legal entity, indicates its legal representative and provides information on its registered address, its partners, its capital and the date of establishment. The rate is set according to Decree 393 of 2002. Procedure 3. Review of the property titles by an attorney Time: 3 days
Cost: COP$497,000
Comments: An attorney reviews the previous property titles and the background of
the owner to verify that there are no legal constraints to the transaction. This legal review is not mandatory, but is usually done for this type of transactions. The attor- ney must receive the certificates mentioned in procedures 1 and 2, as well as a copy of the company statutes that authorize the representative to act on its behalf. Procedure 4*. Pay certificate of no outstanding property tax payments and certificate of no outstanding contribution obligations on property value increases due to public works Time: 1 day (simultaneous with procedure 3)
Cost: COP$14,600
Comments: A deposit is made to the municipality at a commercial bank. In many
cases the latest payment receipts are submitted also as proof of no pending balances on public utility services.
Procedure 5*. Obtain certificate of no outstanding property tax payments and certificate of no outstanding contribution obligations on property value increases due to public works Time: 1 day (simultaneous with procedure 3)
Cost: No cost
Comments: The certificates are proof that the property has no pending property tax
payments and no outstanding contribution obligations on property value increases due to public works. The deposit slip and property number must be submitted to the Municipal Tax Office to obtain the certificates.
Procedure 6. An attorney prepares a preliminary deed Time: 2 days
Cost: COP$497,000 (approximately 1 legal minimum monthly wage). Comments: The same attorney who reviewed the property titles in procedure 3
prepares a preliminary deed to be submitted to the notary public. This step is not mandatory but is usually done for this type of transactions. The attorney needs the ownership history and no-lien certificate and the certificates of legal existence and representation of the buyer and seller (procedures 1 and 2) as well as the certificate of no outstanding property tax payments and the certificate of no outstanding con- tribution obligations on property value increases due to public works (procedure 5).
Procedure 7. The notary public prepares the public deed Time: 3 days
Cost: COP$1,675,185 [COP$13,880 + 0.27%*(value of the property - COP$118,680)
for notary fees + COP$9,750 for the public deed + COP$29,250 for copies of the public deed + COP$3,465 for the Superintendence of Notaries + COP$3,465 for the National Notary Fund + 16% VAT].
Comments: The notary public prepares the public deed based on all the documents
submitted by the parties. The notary public is required by law to prepare the public deed. The total cost of the procedure is calculated according to Resolution 9500 of December of 2008. The cost per page of the public deed is COP$1,950 plus VAT. It is assumed that the public deed is 5 pages long.
Procedure 8. Obtain the registration tax statement Time: 1 day
Cost: No cost
Comments: This procedure is done at the Departmental Treasury at the Government
of Cauca.
Procedure 9. Pay registration tax Time: 1 day
Cost: COP$5,128,279 (1% of the property value).
Comments: The registration tax applies to the registration of documentary legal
acts, contracts or deals in which private-sector parties are part or beneficiaries and which must be registered by law at the Registry Office. The registration tax is regu- lated by Law 223 of 1995 and Decree 650 of 1996. Payment is made at a commercial bank located at the Government of Cauca.
Procedure 10. Pay registration fee Time: 1 day
Cost: COP$2,564,140 (0.5% of the property value).
Comments: Payment of registration fee legalizes the transaction before the Registry
Office. This payment is done at a commercial bank, which has an agreement with the Registry Office.
Procedure 11. Registration of public deed with the Registry Office Time: 15 days
Cost: No cost
Comments: Once the registration tax and fee have been paid, the public deed can
be registered at the Registry Office (Oficina de Registro de Instrumentos Públicos).
* This procedure is simultaneous with a previous procedure.
REGISTERING PROPERTY
Riohacha, La Guajira
Procedure 1. Obtain ownership history and no-lien certificate Time: 1 day
Cost: COP$11,840
Comments: This certificate (Certificado de Libertad y Tradición) provides the legal
information on the property and on its current and previous ownership. The rate is set according to Decrees 1250 of 1970 and 2280 of 2008, the latter modified by Resolution 0035 of 2009. Any individual or legal entity can request this certificate at the Registry Office.
Procedure 2. Obtain the certificate of legal existence and representation of the buyer and the seller of the property from the Chamber of Commerce
Time: 1 day Cost: COP$3,500
Comments: When the parties are limited liability companies, a certificate of legal ex-
istence and representation must be requested from the Chamber of Commerce. This document certifies the existence of the legal entity, indicates its legal representative and provides information on its registered address, its partners, its capital and the date of establishment. The rate is set according to Decree 393 of 2002.
Procedure 3. Review of the property titles by an attorney Time: 5 days
Cost: COP$500,000
Comments: An attorney reviews the previous property titles and the background of
the owner to verify that there are no legal constraints to the transaction. This legal review is not mandatory, but is usually done for this type of transactions. The attor- ney must receive the certificates mentioned in procedures 1 and 2, as well as a copy of the company statutes that authorize the representative to act on its behalf.
Procedure 4*. Obtain the certificates on property taxes and of no outstanding contribution obligations on property value increases due to public works
Time: 3 days (simultaneously with procedure 3) Cost: No cost
Comments: The certificates are proof that the property has no pending property tax
payments and no outstanding contribution obligations on property value increases due to public works. The Municipal Tax Office issues the certificates at no cost the first time, but duplicates cost COP$4,500 each.
Procedure 5. An attorney prepares a preliminary deed