On September 11, 2023, the Superintendence of Companies issued External Circular 100-000003 which establishes the deadlines for the submission of reports 42, 58 and 75 that companies under its supervision must file.
I. Report 75
As announced by the Superintendency of Companies, the new report 75 integrates the previous reports 50 and 52 on the management of the Self-Control and Integral Risk Management System for Money Laundering, Financing of Terrorism and Financing of the Proliferation of Weapons of Mass Destruction ("SAGRILAFT") and the Transparency and Business Ethics Program ("PTEE"), respectively.
Which companies must submit the report 75?
Report 75 must be submitted by the companies obliged to SAGRILAFT and/or PTEE, in accordance with the provisions of Chapters X and XIII of the Basic Legal Circular.
What are the deadlines?
According to the last 2 numbers of the Identification Tax Number – NIT (not including verification digit) the obligated companies must file report 75. In this sense, the companies that acquired the obligation as of December 31, 2022 (or before) must submit report 75 this 2023 at the latest:
| Last 2 numbers of NIT | Deadline |
| 01-10 | October 23 |
| 11-20 | October 24 |
| 21-30 | October 25 |
| 31-40 | October 26 |
| 41-50 | October 27 |
| 51-60 | October 30 |
| 61-70 | October 31 |
| 71-80 | November 1 |
| 81-90 | November 2 |
| 91-00 | November 3 |
Starting in 2024, report 75 must be submitted annually according to the following cut-offs:
| Last 2 numbers of NIT | Deadline |
| 01-10 | 11th business day of July |
| 11-20 | 12th business day of July |
| 21-30 | 13th business day of July |
| 31-40 | 14th business day of July |
| 41-50 | 15th business day of July |
| 51-60 | 16th business day of July |
| 61-70 | 17th business day of July |
| 71-80 | 18th business day of July |
| 81-90 | 19th working day of July |
| 91-00 | 20th business day of July |
II. Report 42
The business practices report (report 42) is mandatory for those companies in Colombia and sole proprietorships (empresas unipersonales) under surveillance or control of the Superintendence of Companies. Except for the following:
- Branches of foreign companies.
- Companies in simplified judicial liquidation
- Companies in compulsory liquidation.
- Companies in judicial liquidation.
- Companies in voluntary liquidation.
- Companies in reorganization.
- Companies in abbreviated reorganization.
- Companies in restructuring.
- Companies in reorganization.
- Companies that do not comply with the going concern assumption as of December 31, 2022.
- Group 3 companies - NIF for companies that apply simplified accounting.
What are the deadlines?
Starting in 2024, report 42 must be submitted annually according to the following cut-offs:
| Last 2 numbers of NIT | Deadline |
| 01-10 | 1st business day of July |
| 11-20 | 2nd business day of July |
| 21-30 | 3rd business day of July |
| 31-40 | 4th business day of July |
| 41-50 | 5th business day of July |
| 51-60 | 6th business day of July |
| 61-70 | 7th business day of July |
| 71-80 | 8th business day of July |
| 81-90 | 9th business day of July |
| 91-00 | 10th business day of July |
III. Report 58
The Superintendence of Companies modified the instructions given last November 17, 2021, through External Circular 100-000016 and with this new circular consolidates the obligation to communicate the appointment of compliance officers for SAGRILAFT and PTEE.
In this regard, companies obliged to SAGRILAFT and/or PTEE that appoint for the first time or replace their compliance officers for SAGRILAFT and/or PTEE must submit the report 58 within 15 business days from the date of appointment of the compliance officer. From the filing of report 58, companies will have 2 business days to upload the additional documents for SAGRILAFT and/or PTEE, as applicable.
IV. Submission of the reports
Reports 75, 42 and 58 must be filled out through the STORM application and filed in the Storm Web of the Superintendence of Companies.
V. Fines
The Superintendence of Companies emphasized that the deadlines are non-extendable and failure to comply with the filing of these reports may result in penalties of up to 200 MMLW.