Published and draft legislation - Colombia

Real-estate collateral on industrial property

Resolution 103590/ 2015

The Superintendencia de Industria y Comercio de Colombia, the Colombian industry and trade watchdog, has presented the detailed regulations for registering real-estate collateral involving industrial property rights. Some of the subjects covered are: which data should be included in the registration form; the modification, cancellation, execution and completion of the collateral, as well as the transfer of these encumbered rights and the fees that should be applied for these services.

This regulation joins others that address how to register real estate collateral on different types of goods and rights, introduced through Act 1676/2013, which seeks to make the process of constituting encumbrances faster and more effective so that these can underwrite credit transactions, with the overarching aim of making access to credit in Colombia easier.

However, given that industrial property is intangible and is registered separately, there was a need to issue specific norms which would establish how these rights are charged, thus extending the scope of action of the real estate collateral registry.