Learn about the duty of registration of web pages in the commercial register
Article 91 of Law 633 of 2000 establishes the obligation to register all web pages and internet sites in the commercial registry and to provide the National Tax and Customs Directorate (DIAN) with the information of the economic transactions carried out through these electronic means, taking into account the following premises:
Which websites must be registered in the commercial register?
La norma establece que la obligación recae sobre las sociedades o personas naturales que tengan las páginas web o sitios de internet que (i) sean de origen colombiano y que (ii) a través de ellas desarrollen directamente una actividad económica, bien sea de carácter comercial, financiero o de prestación de servicios.
Who is responsible for the registration of the web pages?
The obligation falls on the natural or legal person domiciled in Colombia whose economic activity is related to the transactions or operations carried out through the web page or internet site.
Are there any exceptions to the registration requirement?
The Superintendence of Companies has repeatedly stated that a web page or Internet site that is not used for the rendering of a service or for the development of an economic activity, but is merely informative of such services or activity, does not have to be registered in the commercial registry kept by the chambers of commerce, since the rendering of the service is not carried out through such means.
Effects of registering the website
In addition to complying with a mandatory requirement established by law, the registration of the web page or Internet site strengthens the identification of the company as it avoids cases of impersonation or confusion of web pages to its users, and also responds to the need for such information to have the characteristics of advertising with respect to the registration indicated.
Also, this information can be used by the National Tax and Customs Directorate (DIAN) to verify that the company complies with the tax obligations resulting from the loan of its services.
What is the deadline to comply with the obligation?
Article 31 of the Code of Commerce states that the obligation to file the application for registration of a web page or Internet site with the corresponding Chamber of Commerce must be made within one month from the date on which it was made available to the public.
Are there any sanctions?
The Superintendence of Corporations may impose fines of up to 17 Minimum Legal Monthly Wages in force to all those who have not complied or have complied extemporaneously with the obligation to register in the commercial registry the web page or internet site, within an administrative sanctioning process or by the administrative act that the Superintendence of Corporations may issue within the framework of its faculties.
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