FILLING OF REPORT 58 – “COMPLIANCE OFFICERS”

The Superintendence of Companies, in order to promote the proper implementation and compliance with the Supervision Policy of the Self-Control and Comprehensive Risk Management System for AML/CFT/CPF (SAGRILAFT by its acronym in Spanish) and the Transparency and Business Ethics Program (PTEE by its acronym in Spanish), has issued the new Practical Guide for the completion of the form called “Report 58 – Compliance Officers”.

Report 58 must be completed and sent to the Superintendence of Companies within 15 business days of the appointing or modification of the Compliance Officer in both systems (SAGRILAFT or PTEE)

Before mentioned Guide was issued, only the entities obligated to adopt the Anti-Money Laundering and Terrorism Financing Self-Control System (SAGRILAFT) were required to fulfill this formal obligation. However, this new Guide also requires the reporting of the designation of the Compliance Officer for the Business Ethics and Transparency Program (PTEE).

The most important points to consider from this new Guide are:

1. This report must be completed through the Storm User application.
2. When filling out a new report in the application, the option for Report 58 must be selected.
3. Upon entering Report 58, the following forms will be displayed: 5810 Cover Page, 5820 SAGRILAFT Main Compliance Officer, 5830 Substitute SAGRILAFT Compliance Officer, 5840 Main PTEE Compliance Officer, and 5850 Substitute PTEE Compliance Officer. The applicable form must be completed, answering all the questions displayed in the application.
4. Once all the information has been completed and validated, the STR file must be generated and submitted. To do this, access the website supersociedades.gov.co, go to the “Presentación de Informes Empresariales” section, then “Modulo Storm,” “3. Envío de información,” and “3.1 Envío archivo STR”. After that, a registration number will be assigned.
5. Upon receiving the registration number for the submission of the STR file, additional documents must be submitted in PDF format. To do this, go to “3.2. Envío de documentos adicionales,” which will redirect to a page where the user (company’s NIT) and assigned password must be provided.
   
   In this link, additional documents related to the requirements set out in Chapter X, section 5.1.2 of External Circular 100-000016 of December 24, 2020, and those required in Chapter XIII, section 5.1.2 of External Circular 100-000011 of August 9, 2021, must be attached.

It is important to note that failure to comply with the orders issued by the Superintendence of Companies regarding the requested information may result in legal sanctions, in accordance with the provisions of Article 86, paragraph 3 of Law 222 of 1995.