{"id":2457,"date":"2023-04-03T14:24:18","date_gmt":"2023-04-03T19:24:18","guid":{"rendered":"https:\/\/canonasociados.com\/en\/?p=2457"},"modified":"2023-04-03T14:28:54","modified_gmt":"2023-04-03T19:28:54","slug":"rules-applicable-to-the-additional-paid-in-capital-in-colombia","status":"publish","type":"post","link":"https:\/\/canonasociados.com\/en\/rules-applicable-to-the-additional-paid-in-capital-in-colombia\/","title":{"rendered":"Rules applicable to the additional paid-in capital in Colombia."},"content":{"rendered":"\t\t
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The Superintendence of Companies has studied the following aspects regarding the “additional paid-in capital”, in order to determine whether it can be used to constitute reserves for the repurchase of shares: <\/em><\/p>
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1. Legal character –<\/em><\/strong> The “additional paid-in capital” is considered as part of the \u201ccontribution\u201d delivered by the member or shareholder to a company. Thus, contribution shall be formed into two items: (i) the capital stock, and (ii) the additional paid-in capital. <\/em><\/p>
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2. Reimbursement of contribution \u2013<\/em><\/strong> Due to the \u201cadditional paid-in capital\u201d is part of the contribution, its reimbursement shall follow the rules for the reduction of capital, in accordance with article 145 of the Code of Commerce. <\/em><\/p>
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3. Decrease of contribution –<\/em><\/strong> After the contribution is recorded in the accounts, the companies shall decrease the amount equivalent to \u201cadditional paid-in capital\u201d when the following facts happen: (i) The reimbursement of <\/strong><\/em>\u00a0additional paid-in capital. <\/em><\/strong><\/p>
(ii) The \u00a0issued shares of the company paid by the additional paid-in capital. \u00a0<\/em><\/strong><\/p>
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4. Repurchase of shares \u2013<\/em><\/strong> Due to the additional paid-in capital is considered as part of the “contribution”, it shall not be used to make a reserve for the repurchase of shares. Hence, the share repurchase procedure shall be executed only with the company’s net profits.<\/em><\/p>
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Superintendence of Corporations, \u00a0Oficio 220-014167 <\/strong>date on January 23, 2023.<\/em><\/p>