1.- It does not constitute any legal entity other than those that compose it. In this context, if the horizontal real estate consortium is conceived as a private person, it acquires a number of new legal possibilities, such as: being incorporated as an employer, having a unique tax identification number (CUIT) and acquiring the possibility of taking legal action, both as a claimant (e.g. in the event of a refund claim) and as a defendant (e.g. for labour law issues; in your role as employer. When the consortium acquires the status of successful bidder or contractor, a substantial legal relationship shall be established between the members of the consortium or temporary association and the contracting government agency concerned. In this case, a process consortium is required for the active activity. Council of State To register with the RUT, the DIAN requires a copy of the contract, private document or act by which the consortium or temporary syndicate was formed, so that this document, together with the copy of the RUT, constitutes the request to prove the existence of the consortium or temporary syndicate. “All owners of the business units are the legal entity of the consortium. It has its headquarters in the property. Its organs are the assembly, the council of owners and the administrator.

6.- Consortia are required to process their single tax register (R.U.T.) and therefore their tax identification number (N.I.T.). In this sense, the CCyC states in its first book – General Part, Title II – Legal person, Article 148: “Private legal persons are: a) companies; (b) civil society associations; (c) simple partnerships; (d) foundations; (e) churches, denominations, religious communities or bodies; (f) mutual societies; (g) cooperatives; (h) the horizontal pool of immovable property; (i) any other provisions of this Act or of other Acts the character of which results or results from their object and operating rules”. How or with which document can the existence of a consortium or temporary union be proven or proven? 2.- The members of the consortium must designate a person to represent them in all negotiations. In this context, positions on the Consortium`s capacity to perform acts of legal life were divided between those areas of doctrine which denied the Consortium legal personality and those which, on the basis of the provisions of Article 33 of the Civil Code of the Vélez Sarsfield judgment, cited above, regarded it as an entity endowed with legal personality and the capacity to exercise contractual rights and obligations connected with the objective of its Foundation (legal acts of management of the building in horizontal ownership) as well as a person other than the members who integrate it. The consortium is formed by a private document, but there are those who argue that with the simple presentation of the proposal, the consortium is understood as constituted, since in this document there are all the data that fully identify the natural and / or legal persons that make up the association. Applied to the field of management and administration, the term compliance refers to the need for any organization to control management and ensure the proper fulfilment of the obligations assumed, both those arising from the rules of mandatory application and those assumed voluntarily. In other words, corporate compliance can be defined as the set of procedures and best practices used by organizations to identify and classify the operational and legal risks to which they are exposed and establish internal prevention, management, control and response mechanisms. In 2011, the Council of State maintained the position that temporary trade unions and consortia do not constitute a legal entity, without prejudice to their contractual capacity under the law.

Similarly, it returns to the previous position of 2004, according to which if the consortium does not have the status of successful tenderer or contractor, there is no substantial legal relationship and there is therefore no room for litigation necessary by active undertakings, that is to say, one of the parties making up the consortium or temporary syndicate may exercise its right individually. · Representation of the Consortium in all administrative and judicial proceedings as exclusive representative with all the powers of its character as legal representative, among others. The legal entity of the consortium is necessarily made up of each of the owners of the functional units of the horizontally owned building. However, the consortium differs from those of its members and therefore has its own interests, which in many cases may conflict with the particular interests of its components. With regard to its assets, the Consortium has its own assets, distinct from that of the individual Consorcistas and consisting of the resources provided by each of them through ordinary and extraordinary expenditure, through appropriations for such expenditure and from the Reserve Fund. The owners are legally (CCyC, Art. 2.048 CCCN) and contractually (by the respective horizontal regulations of the property) obliged to bear the costs of management, maintenance and legal obligations of the property subject to this regime by paying the common expenses. Notwithstanding the foregoing, the consortium may have assets designed to generate revenue and reduce expenses, for example: residential units, street-facing premises, garages and others. The administrator is the legal representative of the consortium with the character of a representative. The function may be exercised by an owner or a third party, a natural or legal person. Article 2067 of the CCyC sets out the rights and obligations of the director and assigns the following obligations: There is no place for the application of the lis consorcio required for the activity if the syndicate or temporary consortium has not chosen in the contractual process and only one of its members decides to come forward to make the corresponding claim. Privy council.

2004 judgment. Consortia and temporary trade unions do not have autonomous legal personality. They cannot appear before the judicial authorities. Privy council. Consortia and temporary unions are required to register in the single tax register and a copy of the rut would be the ideal document to prove their existence. In Colombia, article 7 of Law 80 of 1993 defines a consortium as follows: [1] To this end, it is sufficient to review article 98 of the Commercial Code, which stipulates in its second paragraph: “The company, after its legal constitution, constitutes a legal person distinct from the partners considered individually.” Consortia, understood as associations empowered by law to conclude international treaties pursuant to article 7 of Law 80 of 1993, as is apparent from the case-law of the supreme body of the administrative court in question, are represented by the person designated for that purpose in the document containing the consortium agreement. Although each of the persons or companies that make up a consortium does not change its legal personality, this does not mean that all represent the consortium in its negotiations, on the contrary, it is necessary that the members involved elect a person to represent the consortium in each of the negotiations conducted. In addition, members must indicate the basic rules governing the relationship between them and the legal representative. In this context, changes in the legal terminology of the CCyC with regard to the persons included in the standard (the nomen iuris) are recorded. The new code refers to two broad groups of people. On the one hand, there are the so-called persons of visible existence, the persons renamed “human persons” by the provisions of Article 19 (term consistent with the definition of “natural persons”, which corresponds to the Code previously applicable), and on the other hand, persons with an ideal existence or also “private legal persons” are called. in accordance with Article 148 of the new Code (CCyC, Art.

148). Judgment of the Council of State. Association. Capacity of consortia and temporary associations.