Prepared By Mariana Rojas
Fees and Thresholds for Reporting economic integration to the Superintendence of Industry and Commerce (SIC) in 2025.
Article 9 of Law 1340 of 2009 sets forth that operations in which the companies involved plan to merge, consolidate, acquire control, orintegrate , regardless of the legal structure used , must be reported before the Superintendence of Industry and Commerce (SIC) . This applies provided that the companies : (i) are engaged in the same economic activity or participate in the same value chain (subjective criteria) and (ii) exceed the thresholds for operational income or total assets set by the SIC (objective criteria).
Regarding the determination of the objective criterio for 2025 (threshold for assets and income): by means of Resolution 81005 of 2024, the SIC established, effective from January 1, 2025, unti lDecember 31, 2025, athreshold of 7,974,307.43 “unitsofbasicvalue” (UVB) for operational in come and total assets to be considered for the purposes of Article 9 of Law 1340 of 2009, this is COP81,722,399,431.36 (approximately USD9,600,000) ,taking into account that, through Resolution 3914 of 2024, the Ministry of Finance and Public Credit defined the value of the UVB for 2025 at 11,552.
Regarding fees: through Resolution 1111 of 2025, the SIC established the following fees for the reporting procedures of business integrations:
• For notification cases, as referred to in No. 5 of Article 9 of Law 1340 of 2009, the fee was set at COP3,596,000 (approximately USD 900).
• For authorization cases (Pre-evaluation Phase I), as referred to in No. 3 of Article 10 of Law 1340 of 2009, the fee will be COP19,491,650 (approximately USD 4,700).
• For authorization cases (Pre-evaluation Phase II), as referred to in No. 1 and 2 of Article 9 of Law 1340 of 2009, the fee will be:
- If, during the fiscal year prior to the operation, the involved parties, individually or jointly, have operational income or assets equal to or greater than COP245,167,198,294.08, the fee will be COP51,308,900 (approximately USD 12,400).
- If, during the fiscal year prior to the operation, the involved parties, individually or jointly, have operational income or assets equal to or greater than COP163,444,798,862.72 but less than COP245,167,198,294.08, the fee will be COP43,608,650 (approximately USD 10,600).
- If, during the fiscal year prior to the operation, the involved parties, individually or jointly, have operational income or assets equal to or greater than COP81,722,399,431.36 but less than COP163,444,798,862.72, the fee will be COP35,908,450 (approximately USD 8,700).
Do not hesitate to contact Brick Abogados if you have any concerns or if you would like more information on the topic discussed above.
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This document is for informational purposes only and does not constitute legal advice, nor does it engage the responsibility or professional opinion of Brick Abogados.