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ADVICE AND REPRESENTATION IN PROCESSES OF BUSINESS ECONOMIC INSOLVENCY

Law 1116 of 2006

This Law allows you to negotiate all of your obligations, through a reorganization process through which a natural person, merchant or a company, seeks its preservation and the normalization of its commercial and credit relations, using for this the operational restructuring of the company. , as well as its administrative part, assets and liabilities.

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RECIPIENTS

  • Merchant natural persons

  • Legal Entities  (Companies, EU and branches of foreign companies, etc.)

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REQUIREMENTS: CESSATION OF PAYMENTS

  • Failure to pay for more than (90) days of (2) or more obligations in favor of (2) or more creditors, in the development of their activity or;

  • Have at least (2) execution demands filed by (2) or more creditors for the payment of obligations.

  • It is essential that overdue loans correspond to no less than 10% of total liabilities.

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IMPORTANT ASPECTS OF BUSINESS INSOLVENCY IN VIRTUE OF THE ECONOMIC, SOCIAL AND ECOLOGICAL EMERGENCY.

Taking into account that the business sector was one of the most affected during the crisis generated by the new coronavirus COVID-19, the National Government adopted measures, with the aim of providing relief to the business sector, through a special transitional regime for business insolvency proceedings.

 

That is why Decree 560 of 2020 introduces reforms to the current business insolvency regime contained in Law 1116 of 2006, through which the admission process to the business reorganization regime is simplified and streamlined.

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