SAS Companies Advantages

In Colombia’s constantly evolving business market, the so-called “S.A.S. Companies” have a structure that has changed the game’s rules for entrepreneurs and businessmen.

Imagine a modern corporate structure designed to adapt to changing business needs and with impressive flexibility. Thanks to their broad contractual freedom, S.A.S. companies offer partners the possibility of agreeing to whatever they wish within their contract, configuring an organization that fits their projects.

One of the main features of this type of company is its corporate purpose. Before, companies had to detail all the activities they carried out, but with the S.A.S., this is a thing of the past. The corporate purpose can be indeterminate, which means that, unless otherwise specified, it can carry out any lawful commercial or civil transaction. This flexibility avoids long enumerations and allows entrepreneurs to act with agility.

In addition, time-consuming bureaucratic processes have been simplified. Statutory reforms no longer require public deeds. It is sufficient to register the minutes as a private document before the competent Chamber of Commerce, which is the legal entity that handles company incorporation in Colombia; this makes the company much more agile and less costly in terms of formalities.

Entrepreneurs seeking to maintain exclusive control of their company will find another significant advantage: the possibility of restricting the trading of shares for up to 10 years. This prevents the entry of unwanted third parties, protects the autonomy of the shareholders, and ensures that their shares will not be traded in the public stock market.

But there is more. The company’s shares can be transferred to a trust fund, facilitating transparent and orderly economic management. This option allows clearer resource management without unnecessary complications.

What makes the S.A.S. even more attractive is that its bylaws can be tailored to each business, and amendments to them are made through a private document without complicated procedures.

Business life can also be more straightforward: if an Assembly is not convened correctly, it is possible to waive it, saving entrepreneurs time and complications. In addition, if corporate conflicts arise, the Superintendency of Corporations acts as a mediator, with an efficient process that usually resolves disputes in an average of five months and, best of all, at no cost.

All these benefits matter because the separation of assets between the company and the partners, together with a precise allocation of resources to a specific business activity, is the core of what entrepreneurs seek when creating their company. To achieve all this, the key is the transformation to a Simplified Joint Stock Company (S.A.S.), according to Law 1258 of 2008.

The S.A.S. combines simplicity and the freedom to adapt to the needs of the business, making it the ideal structure for the coming years, especially for those companies that do not seek to raise funds in the public stock market. This will undoubtedly be the company of choice for closed growth-controlled companies.

The purpose of this short text is to provide an overview of the advantages of the S.A.S., but it should not be taken as a legal opinion. The transformation into this model represents a great opportunity, and those who decide to take the step will undoubtedly find in it a path full of possibilities for the future of their business in Colombia.