Colombian Commercial Code - Decree 410 of 1971 - First Book - Of Merchants and Trade Affairs - Title I - Merchants - Chapter I - Merchants Rating - From Article 10 to Article 18

COLOMBIAN COMMERCIAL CODE

BOOK ONE

MERCHANT AND TRADE ISSUES

TITLE I

MERCHANT

CHAPTER I

Rating traders

10 .- Traders are people who professionally are engaged in any activity that the law considers commercial.

The quality of trader acquires although commercial activity is exerted through an attorney, broker or an intermediary.

11 .- People occasionally running business operations are not considered traders, but subject to trade rules in respect of these operations.

12 .- Anyone under the common law has the capacity to contract and to commit, is able to engage in commerce, which under those same laws are incapable, are unqualified to perform commercial acts.

ITEM 2. AND 3. Repealed. Law 27 of 1977.

Adult minors can, with permission from their legal representatives, engage in commercial activities on behalf or on behalf of others under the direction and responsibility of these.

13 .- For all legal purposes a person is presumed to engage in commerce in the following cases:

1. When entered in the commercial register;

2. When you have a place of open trade, and

3. When you advertise to the public as a trader by any means.

14 .- Shall be competent to conduct business directly or through another person:

1. surrogate. Act 222 of 1995.

2. Officials from official and semiofficial entities for commercial activities that relate to their functions and

3. Other persons who by law or court order prohibiting the exercise of commercial activities.

If trade or business activity is determined by exercising an unqualified person, it shall be punished with fines up to fifty thousand successive weights that impose civil judge circuit address of the offender, ex officio or upon request of any person, without prejudice to the penalties provided by special rules.

15 .- The merchant who takes possession of a position that disqualification for the exercise of trade, notify the respective chamber through a copy of the act or action for possession or a certificate of the officer before whom the proceedings are completed within ten days of date thereof.

The possessed evidence of the compliance of this obligation, within twenty days of possession, to the official who made the appointment, by a certificate of the Chamber of Commerce, under penalty of loss of office or employment concerned.

16 .- Whenever you were convicted for crimes against property, public faith, the national economy, industry and trade, or smuggling, unfair competition, misappropriation of intellectual property rights and turn of bad checks against the deposit or account canceled, as an additional penalty shall be imposed the ban to conduct business from two to ten years.

17 .- Will be lost as a trader by the supervening incapacity or inability to engage in commerce.

18 .- The nullification from lack of capacity to engage in trade, shall be declared and can be corrected as provided in the common law, without prejudice to special provisions of this Code.