Colombian SAS formation lawyer
Law Offices of SRIS, P.C. is a US law firm with an international clientele that assists entrepreneurs, investors, and businesses with forming a Colombian simplified stock company (Sociedad por Acciones Simplificada, or SAS). The firm’s US-admitted attorneys handle the US-side legal and strategic considerations—entity selection, cross-border tax planning, and US immigration implications—while coordinating with the firm’s Colombia Of Counsel, who is licensed in Colombia and handles the Colombian-law aspects of the incorporation. This dual-jurisdiction approach allows clients to structure a Colombian SAS efficiently without navigating two legal systems alone. For a consultation on your cross-border business formation, reach Law Offices of SRIS, P.C. at (888) 437-7747.
What Is a Colombian SAS?
A Colombian SAS is a flexible, limited-liability corporate form widely used by both domestic and foreign investors in Colombia. Introduced under Colombian corporate law, the SAS combines features of a corporation and a limited liability company, offering simplified formation, a single-shareholder option, and the ability to tailor governance through bylaws rather than rigid statutory defaults. For US investors, the SAS is often the vehicle of choice for entering the Colombian market because it can be capitalized with cash, assets, or future contributions, and it does not require a minimum number of directors or a fixed board structure. The SAS also permits electronic registration and can be formed quickly relative to traditional Colombian corporate forms. Understanding the SAS structure is the first step for any US person or entity considering a Colombian business presence.
How Law Offices of SRIS, P.C. Assists with Colombian SAS Formation
The firm provides US-side legal counsel for clients forming a Colombian SAS, working in tandem with its Colombia Of Counsel to ensure the incorporation complies with Colombian law. On the US side, the firm advises on the choice of entity for the US parent or investor, cross-border tax structuring under the Internal Revenue Code, and any US reporting obligations such as FBAR or Form 8938. The firm also evaluates whether the Colombian business activity triggers US immigration considerations—for example, whether an E-2 treaty investor visa or an L-1 intracompany transferee visa may be available for the client or key personnel. The two sides collaborate throughout the process, but each attorney works strictly within their own licensure.
About Mr. Sris and the Colombia Of Counsel Network
Mr. Sris (Atchuthan Sriskandarajah, Esq.), the founder of Law Offices of SRIS, P.C., is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He has guided cross-border business formations for international clients since 1997. The firm’s location in Pereira, Colombia (by appointment only) supports in-person coordination when needed. All US-law aspects of a Colombian SAS formation are handled by Mr. Sris and the firm’s US-admitted attorneys.
Frequently Asked Questions
What is a Colombian SAS and why would a US investor form one?
A Colombian SAS is a simplified stock company that offers limited liability, flexible governance, and a single-shareholder option, making it an attractive vehicle for US investors entering the Colombian market. Unlike traditional Colombian corporate forms, the SAS can be formed quickly, capitalized with non-cash contributions, and governed by customized bylaws. For a US investor, the SAS provides a familiar limited-liability structure while allowing full control without a local partner. It is commonly used for wholly-owned subsidiaries, holding companies, and operational businesses in Colombia. The firm’s US-admitted attorneys help clients evaluate whether the SAS is the right entity for their specific cross-border goals.
Do I need a Colombian lawyer to form a SAS, or can a US lawyer handle it?
Colombian law requires that the incorporation documents be prepared and filed by a lawyer licensed in Colombia; a US lawyer cannot perform those acts. However, a US lawyer can provide essential US-side counsel—structuring the US parent entity, analyzing US tax consequences, and advising on US immigration options tied to the Colombian business. Law Offices of SRIS, P.C. coordinates both sides: the firm’s US-admitted attorneys handle the US legal work, while the firm’s Colombia Of Counsel, who is licensed in Colombia, handles the Colombian incorporation. This integrated approach avoids the client having to engage separate counsel in two countries without coordination.
How does Law Offices of SRIS, P.C. coordinate with Colombian counsel for SAS formation?
The firm maintains a direct working relationship with its Colombia Of Counsel. When a client engages the firm for a Colombian SAS formation, the US-admitted attorneys first assess the client’s US-side needs—entity structure, tax planning, and immigration strategy. The Colombia Of Counsel then drafts the SAS bylaws, handles registration with the Colombian Chamber of Commerce, and secures the NIT and bank account. The two sides communicate throughout the process, but each attorney’s work is confined to the jurisdiction in which they are licensed. The client receives a single point of contact through the firm.
What US tax considerations apply when forming a Colombian SAS?
US persons who own a Colombian SAS must consider US federal income tax reporting, potential controlled foreign corporation (CFC) rules, and information-return obligations such as Form 5471 and FinCEN Form 114 (FBAR). The Internal Revenue Code treats a foreign corporation owned by US shareholders as a CFC if certain ownership thresholds are met, which can trigger current inclusion of certain income. Additionally, the Tax Cuts and Jobs Act introduced a transition tax and global intangible low-taxed income (GILTI) regime that may apply. The firm’s US-admitted attorneys work with the client’s tax advisor to structure the SAS in a tax-efficient manner and ensure all US reporting is timely filed.
Can forming a Colombian SAS help with US immigration or visa options?
Yes, a Colombian SAS can serve as the qualifying enterprise for certain US business-immigration visas, such as the E-2 treaty investor visa or the L-1 intracompany transferee visa, provided the applicant meets the statutory requirements. For an E-2 visa, the investor must be a national of a treaty country (Colombia is a treaty country) and must have made a substantial investment in a US enterprise. A Colombian SAS that is the parent of a US subsidiary can also support an L-1 visa for executives or managers transferring to the US. The firm’s US-admitted attorneys evaluate the client’s immigration goals alongside the business formation to identify the most viable visa pathway.
How do I get started with forming a Colombian SAS through your firm?
Contact Law Offices of SRIS, P.C. at (888) 437-7747 to schedule a consultation. During the initial discussion, the firm’s US-admitted attorneys will review your business objectives, US tax and immigration considerations, and the proposed scope of the Colombian SAS. The firm will then engage its Colombia Of Counsel to begin the Colombian-law work. Because the firm coordinates both sides, you avoid the delay and confusion of managing separate counsel in two countries. Consultations are by appointment only; the firm’s location in Pereira, Colombia, is available for in-person meetings when needed.
For guidance on related cross-border matters, contact Law Offices of SRIS, P.C. at (888) 437-7747.