Key Benefits:
LAW 1445 OF 2011
(May 12)
Official Journal No. 48.067 of 12 May 2011
CONGRESS OF THE REPUBLIC
By means of which the Act 181 of 1995 is amended, provisions that are contrary to and other provisions are dictated in relation to professional sport.
COLOMBIA CONGRESS
DECRETA:
BY WHICH LAW 181 OF 1995 IS AMENDED AND OTHER PROVISIONS ARE DICTATED.
ARTICLE 1o. ORGANIZATION OF CLUBS WITH PROFESSIONAL ATHLETES. Article 29 of Law 181 of 1995, will be as follows:
Article 29. Organization of clubs with professional athletes. Clubs with professional athletes must organize themselves or as corporations or sports associations, of those provided for in the Civil Code, or as Limited Societies, of those provided for in the Code of Commerce, in accordance with the requirements that are set out in this law.
PARAGRAFO 1o. After the end of six (6) months counted from the entry into force of this law, no natural or legal person shall be entitled to more than one (1) vote, regardless of the number of titles Membership, rights or contributions you have in the clubs with professional athletes organized as Corporate or Sports Associations.
PARAGRAFO 2o. No natural or legal person may have control in more than one club of the same sport, either directly or by person.
PARAGRAFO 3o. Clubs with professional sportspersons who decide to register or register their securities in the National Registry of Securities and Issuers (RNVE) will be subject to the rules of the market of values in your sender condition.
ARTICLE 2o. MINIMUM NUMBER OF PARTNERS OR ASSOCIATES AND SHARE CAPITAL. Article 30 of Law 181 of 1995, will be as follows:
Article 30. Minimum number of partners or associates and social capital. Clubs with professional sportspersons organised as public limited liability companies must have at least five (5) shareholders.
The minimum number of club members with professional sportspersons organized as corporations or sports associations, will be determined by the sum of the initial contributions, according to the following ranges:
| Social Fund | Number of Associates |
| 100 to 1,000 minimum wages | 100 |
| 1,001 to 2,000 minimum wages | 500 |
| 2,001 to 3,000 minimum wages | 1,000 |
| 3.001 onwards | 1,500 |
PARAGRAFO 1o. Football clubs with professional sportspersons organized as Corporations or Associations must have at least five hundred (500) affiliates or contributors.
PARAGRAFO 2o. Without prejudice to the amount of the authorized capital, clubs with professional athletes from different disciplines of football, organized as Limited Societies, may in no case have a subscribed capital and paid to the date of the constitution or conversion of less than one hundred (100) current minimum statutory statutory wages.
PARAGRAFO 3o. Clubs with professional football sportspersons organized as Limited Companies, in no case may have a subscribed capital and paid to the date of the constitution or conversion less than a thousand (1,000) current monthly minimum legal wages.
PARAGRAFO 4o. The minimum amount required as a social fund or subscribed and paid capital for clubs with professional athletes, regardless of their organizational form, should be maintained throughout their operation. The violation of this ban will result in the suspension of sports recognition. The recidivism in such violation will result in the revocation of the sports recognition. This paragraph shall begin to rule six (6) months after its enactment.
ARTICLE 3o. ORIGIN OF CAPITAL. Article 31 of Law 181 of 1995 will thus remain:
31. Source and Capital Control. Individuals or legal persons who acquire contributions and/or shares in clubs with professional athletes, must prove the origin of their capital, before the respective club, this in turn will have the obligation to send it the Colombian Institute of Sport (Coldeportes), who may require the other public and private entities the information necessary to verify the origin of the same and to conclude the inter-administrative agreements to be held for such end. Without prejudice to the fact that this information may be required for clubs with professional sportspersons by the Superintendence of Societies or the Financial Superintendency in the development of their supervisory functions.
PARAGRAFO 1o. The information referred to in this article will be reserved and maintained by the Colombian Institute of Sport (Coldeportes) or by any other State entity, with such character.
PARAGRAFO 2o. Clubs with professional athletes will be required to refer to the Financial Analysis and Information Unit (UIAF) of the Ministry of Finance and Public Credit. reports:
Suspicious Operations Report (ROS). Clubs with professional sportspersons shall immediately forward any relevant information on the management of funds the amount or characteristics of which do not relate to the economic activity of their partners, partners, shareholders, directors, workers, players, among others; or about transactions which, by their number, by the quantities transacted or by their particular characteristics, can reasonably lead to suspect that they are using the club with professional sportsmen to transfer, manage, take advantage of or invest money or resources arising from criminal activities and/or the financing of terrorism.
Player Transfer and Sports Rights Report. Clubs with professional sportspersons must submit to the Financial Information and Analysis Unit (UIAF) of the Ministry of Finance and Public Credit within thirty (30) days following the transfer or transfer of the rights (a) the information relating to such operations, both at national and international level, of the players.
Shareholders or Associates report. Clubs with professional athletes will have to submit semi-annually to the Financial Information and Analysis Unit (UIAF) of the Ministry of Finance and Public Credit the information corresponding to their shareholders or associates. For this purpose, they must indicate the names and names or social reasons, the personal and tax identification, the contribution made, the number of shares, the value and percentage of the participation in relation to the social capital, as well as any novelty in this relationship. This is without prejudice to the duty to send them when the Financial Information and Analysis Unit (UIAF) requests it.
The previous reports and the others that according to their competence require the Unit of Financial Information and Analysis (UIAF) must be transmitted to that entity in the form and under the conditions that it establishes.
OF THE CONVERSION OF CLUBS WITH PROFESSIONAL ATHLETES ORGANIZED AS CORPORATIONS OR SPORTS ASSOCIATIONS TO PUBLIC LIMITED COMPANIES.
ARTICLE 4. THE CONVERSION OF PROFESSIONAL CLUBS. In no case will the conversion produce the dissolution or liquidation of the clubs with professional athletes, so that the aforementioned legal person will continue to be the holder of all his rights and at the same time responsible for the obligations that were affecting his patrimony.
Likewise, the conversion will not affect the contracts, the sports awards, nor the sports rights that constitute the patrimony of the clubs with professional athletes.
To carry out the conversion, the competent body will be the assembly of the sports body that will approve the method of exchange of contributions for actions, which must be carried out in proportion to the capital. This method should respect the rights of minority partners.
The contributions made by the members of the clubs will be returned to them at the request of their contributors within the next two (2) months of the conversion.
In addition, that body must approve the placement of shares of the public limited liability company immediately among the general public; therefore, there will be no right of preference or maximum limit of acquisition by associates, contributors or new investors.
The amount of the placement may not be less than double the capital resulting from the method of exchange of contributions for shares. The subscription and payment of shares of this capitalization will be made in the conditions, proportions and deadlines foreseen for the companies anonymous in the Commercial Code. For the purposes of this capitalization, the nominal value of each share may not be higher than a Tax Value Unit (UVT).
ARTICLE 5o. OF THE PROCEDURE FOR THE CONVERSION OF CLUBS WITH PROFESSIONAL SPORTSPERSONS. The conversion provided for in the previous Article shall meet the following requirements:
1. Prior to the conversion process, clubs with professional athletes will verify that each and every one of the contributions of those who make up the sports club, and that they will be object of conversion into actions do not come from or facilitate operations of laundering of assets and/or money from illicit activities. This sworn statement will be sent by the Legal Representative to the Special Administrative Unit for Financial Information and Analysis (UIAF) of the Ministry of Finance and Public Credit, which will have to verify each of the contributions before the start of the conversion. The return of the contributions can only be made once that verification is available.
2. The General Assembly shall deliberate for these purposes with a plural number of associates or contributors representing at least half of the social rights of the corresponding sports club. The decisions shall be taken by the vote of the majority of the social rights present, once the respective deliberative quorum has been constituted.
3. The legal representative of the corporation or sports association that will be converted into a public limited company, will make known to the public the decision approved by notice published in a newspaper of wide national circulation, within thirty (30) days the timetable following the adoption of the decision by the General Assembly. This warning must contain:
(a) The name and address of the Sports Corporation or Association;
(b) The value of the assets, liabilities, and assets of the Sports Corporation or Association;
c) The reasons for the conversion;
d) The capital of the Corporation or Sports Association.
4. Within thirty (30) calendar days following the date of publication of the notice, any person may address the legal representative of the Sports Corporation or Association to assert the amount of his or her contribution or right. clearly the place or place where it will receive the notification of the decision to be taken, if the same does not appear duly registered by the club with professional athletes object of the conversion process, the legal representative have eight (8) days to resolve on the application for recognition and must be notified personally, that decision to the person concerned.
5. If the above conditions are met, and once the procedure provided for in Article 6 (2) or of Decree 776 of 1996 has been brought forward, the conversion agreement may be formalized in the case of the conversion into the Anonima Company. by granting public write, which will contain:
(a) The requirements set out in Article 110 of the Trade Code, as well as the other special provisions for the Limited Companies;
b) Copy of the certification issued by the Colombian Institute of Sport (Coldeportes) in which the minute is consistent with the legal provisions:
(c) The financial statements of intermediate periods duly issued and certified with a court on the last day of the preceding month in respect of the date of the meeting at which the conversion decision is taken.
6. Once the public deed has been granted in accordance with the requirements laid down in this law, and those enshrined in the Code of Commerce for the public limited companies, it will be carried out in its corresponding commercial register or registration in the Chamber Trade in the main residence of the club with professional athletes. For all legal purposes the conversion thus carried out entails the adoption of a statutory reform which will be approved with the majorities required in the number of the second of this article.
7. The public conversion deed, as well as the subsequent mandatory and immediate capitalization of the item referred to in Article 4or this law, shall be considered as non-performing acts for the purposes of determining the relevant notarial and registration rights.
PARAGRAFO 1o. Clubs with professional sportspersons organized as Corporations or Sports Associations that are immersed in any performance or processes of recovery or business reorganization provided for in the law may carry out the conversion process described herein, solely and exclusively when the prior consent of the club's creditors, meeting in the manner in which the law of congration is available, is provided.
PARAGRAFO 2o. The administration of a Club with professional athletes will not be allowed to be delegated to another legal or natural person other than the Club with professional athletes.
GENERAL PROVISIONS.
ARTICLE 6o. A COMMERCIAL REGISTER. Clubs with professional sportsmen and sportspersons constituted as Companies, must submit within the fifteen (15) calendar days following the date of the resolution granting the sports recognition, copy authentic of that act to the respective Chamber of Commerce for the purposes of its corresponding annotation in the commercial register.
Failure to comply with this provision will result in the imposition of sanctions by the Colombian Institute of Sport (Coldeportes).
ARTICLE 7o. LOSS OF SPORTS RECOGNITION. Clubs with professional athletes who stop participating in an uninterrupted way during the entirety of an official championship organized by the respective National Federation to which they are members, or by their respective division that manages professional sport, except causes attributable to force majeure, fortuitous case or a sanction imposed by the Colombian Institute of Sport (Coldeportes) will lose their sports recognition, with arrangement to due process guarantees.
The Colombian Institute of Sport (Coldeportes) will verify compliance with the provisions of the previous paragraph and will take the necessary administrative measures to avoid and prevent these clubs with professional athletes continue to develop activities and programmes of competitive sport.
ARTICLE 8o. SUSPENSION OF SPORTS RECOGNITION. Clubs with professional sportspersons who do not comply with the payment of labor obligations, payment of contributions to social security, parafiscal payments or tax obligations for a period exceeding Sixty (60) days, the Colombian Institute of Sport (Coldeportes) prior administrative action will suspend the sports recognition. Regardless of the obligations set out in Article 57 of the Substantive Labor Code.
This suspension will be maintained until the club demonstrates the payment of the obligations that for these concepts are pending to cancel.
The recurrence of non-compliance with these obligations will result in the loss of sports recognition.
PARAGRAFO. In order to develop the administrative performance, the Colombian Institute of Sport (Coldesports) will require the Professional Club to report the reasons for its non-compliance, pointing out a term to give an answer. Once it has expired, and verified the non-compliance by the Professional Club, it will be proposed resolution for which the sports recognition is suspended. In the same way, it will take place in the event of a repeat of the non-compliance with the labor obligations, payment of contributions to the social security, parafiscal payments or tax obligations, the present administrative action will not be able to exceed sixty (60) days.
INSPECTION, SURVEILLANCE, AND CONTROL.
ARTICLE 9o. OF THE PROCEDURE FOR THE RECOVERY OF CLUBS WITH PROFESSIONAL ATHLETES. After the end of six (6) months from the entry into force of this law, clubs with professional athletes who are organized as Corporate or Sports Associations will advance an economic and administrative recovery procedure, when they incur any of the following causes:
(a) They are in a state of default, a situation that will be configured when the default is credited for more than ninety (90) days of two (2) or more obligations incurred in developing its activity, or the existence of at least two (2) executive claims for the payment of commercial and/or labour obligations that are equivalent, in both cases, to no less than 10% (10%) of the total liability;
(b) The result of the last accounting year to establish losses that decrease the net worth below 70% (70%) of its total capital;
c) When you have refused the requirement to submit your files, accounting books and other documents to the inspection of the supervisory entities;
(d) When the information submitted to the supervisory entities is not materially adjusted to the economic, financial and accounting reality;
e) When the law, statutes, orders or instructions of the supervisory entities are repeatedly violated;
PARAGRAFO 1o. Accredited to any of the causals defined in this article, the Superintendence of Societies, ex officio or at the request of the Colombian Institute of Sport (Coldeportes) or the club with sportsmen Organized professionals such as the Association or Corporation, will open a recovery process in the terms of Law 550 of 1999.
PARAGRAFO 2o. The Superintendence of Societies will appoint a promoter, who will exercise the powers of promoter of Law 550 of 1999 and will accompany the manager chosen by the assembly of the Sports club of a list enabled by the Superintendence of Societies.
PARAGRAFO 3o. In the event where a club with professional athletes organized as an Association or Corporation at the time of the recovery process is found with negative patrimony and in the agreement In order to recover a capitalization, it can only be made in money.
PARAGRAFO 4o. The aspects of the recovery process will be governed by the precepts of the 1999 550 Act and its applicable regulations. In the event of the failure of the negotiation or the failure to comply with the recovery agreement of the sports club organized as Corporation or Association, this will be avocated to a process of judicial liquidation in the terms of the Law 1116 2006.
ARTICLE 10. INSPECTION, SURVEILLANCE AND CONTROL FUNCTIONS. The Colombian Institute of Sport (Coldeportes) will perform inspection, surveillance and control functions on all sports bodies and other entities that make up the National System of Sport, in terms of the numeral 8 of article 61 of Law 181 of 1995 and other concordant rules.
The Superintendence of Societies, taking into account the principle of specialty, will exercise the functions of inspection, surveillance and control, in corporate matters, established in the articles 83, href="ley_0222_1995_pr001.html#84"> 84 and 85 of Act 222 of 1995 and other concordant rules, with respect to those clubs with professional sportspersons who become Anonymous Societies, without prejudice of the powers that correspond to the Financial Superintendence of Colombia.
ARTICLE 11. LIQUID HERITAGE LEVELS. The Colombian Institute of Sport (Coldeportes) will establish adequate levels of liquid heritage for sports clubs with professional athletes to ensure the sustainability of these and approve the annual operating budget for the next fiscal life, in which the fulfilment of all the obligations of the clubs with professional athletes organized as Companies Anonymous and in special contributions to social and parafiscal security.
PARAGRAFO 1o. The Colombian Institute of Sport (Coldeportes) will only be able to maintain an equal number of sports recognitions to the number of professional clubs affiliated to the respective federation. Before granting a new sports recognition the Colombian Sports Institute (Coldeportes) will have to verify that the affiliated professional club and whose right of affiliation will use the new professional club, has cancelled the entire labour, tax and parafiscal obligations.
PARAGRAFO 2o. The Colombian Institute of Sport (Coldeportes) will have a period of three (3) months counted from the entry into force of this law, to establish the levels of liquid patrimony, time during which the restriction provided for in Article 16 of Decree-Law 1228 of 1995 shall be in force.
ARTICLE 12. STATE ADVERTISING. No less than 20% of state advertising will be allocated for promotion and sponsorship for sports, cultural, recreational, physical activity and physical education activities.
PARAGRAFO. The Colombian Institute of Sport (Coldesports) will be monitoring and monitoring these resources.
SAFETY AND CO-EXISTENCE PROVISIONS IN PROFESSIONAL SPORT.
ARTICLE 13. RESPONSIBILITY FOR SURVEILLANCE, CONTROL AND PREVENTION. The responsibility for the surveillance, control and prevention of the members of the bars, fans and attendees of the sporting events, will be shared among the sports clubs and the relevant authorities.
He will be in charge of the Colombian Sports Institute (Coldeportes) and he will have to regulate the procedures, the graduation of the sanctions and the method by which he will be in charge of the National Sports Institute (Coldesports). Sanctioned offenders will be able to interpate the same.
The collections that are generated by this concept, the Colombian Institute of Sport (Coldeportes) will have to be used in programs of socialization and pedagogical training that promote peace, tranquility, coexistence in the stages and stages sports.
ARTICLE 14. The one that within a sports show, stadium, court, grandstand, in the surroundings of this, or on occasion of the sporting event, any of the following conducts, will incur a fine of five (5) to ten (10) monthly minimum legal wages in force and a ban on sports scenarios for a period of six (6) months to three (3) years:
1. Try to enter, or be in possession or possession of any type of firearm, white weapon, or dangerous objects.
2. Try to enter, or be in possession or possession of any type of narcotic.
3. Promote or cause violence against members of the public force, in order to prevent it from executing an act of its own.
4. I invented the pitch.
5. Don't heed the recommendations of the logistics corps in what has to do with the location and transit of unauthorized places for the public.
They will be aggravated by the conduct of any of those listed below, and in this case they will be fined eight (8) to fifteen (15) minimum monthly legal salaries in force and a ban on the use of sports scenarios by a period between one (1) year to six (6) years:
1. Be an organizer or protagonist in the sporting event.
2. To be a club leader with professional athletes.
3. Acting under the influence of alcoholic, narcotic, psychotropic, stimulant or similar substances.
ARTICLE 15. INCITEMENT TO PHYSICAL OR VERBAL AGGRESSION, OR DAMAGE TO SPORTS, PUBLIC, RESIDENTIAL OR COMMERCIAL INFRASTRUCTURE WITH A SPORTING SPECTACLE. Without prejudice to the penalties referred to in Law 599 of 2000, which within a sporting spectacle, stadium, court, grandstand, in the surroundings of this, or on occasion of the sporting event incite or comet act of physical or verbal assault on another person, or damage to public, residential or commercial sports infrastructure, will be sanctioned with a fine and the prohibition of entering sports scenarios as follows:
(a) Physical assault: The fine will be twenty (20) to one hundred (100) minimum monthly legal salaries in force and a ban on going to sports scenarios for a period of three (3) years and five (5) years.
b) Verbal aggression: The sanction will be through social work with the community on the pedagogical training for the prevention and social development of the coexistence in the sports scenarios. In the event of a recidivism, the fine shall be one (1) to twenty (20) minimum monthly legal wages in force and a prohibition on the use of sports scenarios for a period between one (1) year to three (3) years:
c) Damage to sports, public, residential or commercial infrastructure, the fine will be from twenty (20) to one hundred (100) minimum monthly legal salaries in force and a ban on going to sports scenarios for a period between two (2) years and four (4) years.
PARAGRAFO 1o. You will understand sports infrastructure, stadiums, club facilities, training centers and extensive to the means of transport that mobilize players, managers and fans.
PARAGRAFO 2o. The juvenile who incurs the behavior described will be led by the National Police to call upon those who have the right to be responsible and to make them solidary in the sanctions provided here and to that there was a place. The child's custody loss will be initiated.
CRIMINAL PROVISIONS ON SECURITY AND CO-EXISTENCE IN PROFESSIONAL SPORT.
ARTICLE 16. Article 359 of Act 599 of 2000 will remain so:
Article 359. Porte, employment, or launch of dangerous or blunt substances or objects. The person who, within a sporting event, stadium, court, grandstand, in the environment of this, or on the occasion of the sporting event, uses, sends, or launches against person, building or means of locomotion, substance or dangerous object, shall incur imprisonment of one (1) to five (5) years, provided that the conduct does not constitute another offence.
The penalty will be five (5) to ten (10) years in prison and a fine of one hundred (100) to five hundred (500) minimum monthly legal salaries in force, when the conduct is carried out for terrorist purposes.
The penalty will be increased from one third to half when the object launched corresponds to explosive devices, incendiary elements, or chemicals that put life, personal integrity or property at risk.
PARAGRAFO. Dangerous objects, chemical substances or blunt objects shall be understood to be those defined by international treaties ratified by Colombia or provisions in force and, in the alternative, the defined by the Institute of Legal Medicine and Forensic Sciences or in its absence by an expert expert or expert.
ARTICLE 17. DISCLOSURE. The Colombian Institute of Sport (Coldeportes) will design and implement a national strategy to disseminate and socialize this law through a broad participation process.
ARTICLE 18. REPEAL AND VALIDITY. As of the validity of this law, Articles 16 and 21 of Decree 1228 of 1995, Articles 29, 30 and 31 of Act 181 of 1995, Decree 380 of 1985, Decree 1057 of 1985 and Decree 1616 of 2010 and other provisions to you contrary. This law shall govern from its promulgation.
The President of the honorable Senate of the Republic,
ARMANDO BENEDETTI VILLANEDA.
The Secretary General of the honorable Senate of the Republic,
EMILIO RAMON OTERO DAJUD.
The President of the honorable House of Representatives,
CARLOS ALBERTO ZULUAGA DIAZ.
The Secretary General of the honorable House of Representatives,
JESUS ALFONSO RODRIGUEZ CAMARGO.
COLOMBIA-NATIONAL GOVERNMENT
Publish and comply.
Dada in Bogotá, D. C., on May 12, 2011.
JUAN MANUEL SANTOS CALDERÓN
The Minister of the Interior and Justice,
GERMAN VARGAS LLERAS.
The Minister of Culture,
MARIANA GARCES CÓRDOBA.
