“Informe 58” (SAGRILAFT Compliance Officers appointment)

With the issuance of External Circular 100-000016 of November 17, 2021 (the “Circular”), the Superintendence of Companies established the terms and conditions under which supervised, controlled, and inspected companies must submit basic financial statements for the year 2021. Likewise, it established the reports through which the financial information must be submitted, and introduced “Informe 58”, through which the SAGRILAFT Compliance Officers must submit non-financial information.

According to section 3, chapter 3 of the Circular, the presentation of “Informe 58” must be made in the following terms:

• Business entities required to comply with the provisions of Chapter X of the Circular Básica Jurídica of the Superintendence of Companies (the “Basic Circular”) are required to submit it. The administrators of the obligated entities shall be held responsible for the content and its veracity.
• The “Informe 58” shall: (i) be filled out in the STORM User application, which can be downloaded by accessing the web page of the Superintendence of Companies (www.supersociedades.gov.co) and (ii) be sent within the following 15 business days to the appointment or change of the SAGRILAFT Compliance Officer.
• Within the following 2 business days after the submission of the “Informe 58”, the following additional documents must be submitted in PDF version, through the STORM User module of the Superintendency of Companies website (supersociedades.gov.co):
  • Certification signed by the legal representative of the obliged entity expressly stating that the SAGRILAFT Compliance Officer complies with the requirements demanded by Chapter X of the Basic Circular.
  • CV of the SAGRILAFT Compliance Officer.
  • Copy that proves that the SAGRILAFT Compliance Officer was registered before the SIREL.
  • Copy of the extract of the minutes of the highest corporate body in which the appointment of the SAGRILAFT Compliance Officer was recorded.
  • Document that certifies the knowledge of the SAGRILAFT Compliance Officer on ML/FT or ML/FT/MDFT risk. These can be courses, diploma courses, specialization, seminars, congresses, among others.

Author: Katerine Delgado I [email protected] I Corporate Law / Sofía Gómez I [email protected] I Corporate Law