Countries › Colombia › Guide › 10. Capital markets and finance › Secured lending and collateral in Colombia: movable security interests under Ley 1676 de 2013, the online registry, priority, self help enforcement, insolvency treatment and mortgages

Secured lending and collateral in Colombia: movable security interests under Ley 1676 de 2013, the online registry, priority, self help enforcement, insolvency treatment and mortgages

Last verified: 2026-10-27 · Status: Stable

Ley 1676 de 2013 created a single regime for security over movable assets: one written contract can cover specific assets, inventory, receivables, deposits, shares or the whole present and future movable estate, and it becomes effective against third parties by filing in the online registry run by Confecámaras, by possession or by control. Priority runs from the filing date, which may come before the contract, and the creditor can enforce through direct appropriation at an appraised value, a special out of court sale, or the court process with limited defences. In reorganization, enforcement is stayed only over assets the debtor declared necessary for its business, and in liquidation registered collateral can be carved out for the secured creditor; real estate is secured by mortgage, which needs a public deed and registration.

USD figures use the TRM of COP 3,157.94 per US dollar valid on 27 October 2026, certified by the Superintendencia Financiera and published on the national open data portal (datos.gov.co). Amounts in UVT use the 2026 UVT of COP 52,374 (DIAN Resolución 000238 de 2025) and amounts in minimum wages use the 2026 monthly minimum wage of COP 1,750,905 (Decreto 1469 de 2025). Conversions are for orientation only.

Key facts

Movable collateral registry	Online registry of movable security interests run by Confecámaras textLey 1676 de 2013 art. 38 and art. 47, as of 2026-10-27 · in force
Priority rule for movable collateral	First to file in the registry textLey 1676 de 2013 art. 48, as of 2026-10-27 · in force
Default term of a registry filing if none stated	5 yearsLey 1676 de 2013 art. 42, as of 2026-10-27 · in force
Renewal period of a registry filing	3 yearsLey 1676 de 2013 art. 42, as of 2026-10-27 · in force
Out of court enforcement available	Yes: direct appropriation and special enforcement textLey 1676 de 2013 art. 60 and 62, as of 2026-10-27 · in force
Special enforcement available without agreement for assets worth less than	20 monthly minimum wagesLey 1676 de 2013 art. 62 num. 4, as of 2026-10-27 · in force
Maximum a mortgage can secure, as a multiple of the main obligation	2 timesCódigo Civil art. 2455, as of 2026-10-27 · in force

The rule

1. A security interest over movables (garantía mobiliaria) may be created by contract or by law over specific assets, circulating assets or all the grantor's present or future movable assets, tangible or intangible, and their proceeds, to secure one or more present or future obligations of the grantor or of others. Regardless of name, the regime covers any transaction that secures an obligation with movables, including retention of title sales, pledges of a commercial establishment, assignments and transfers of receivables for security and consignment for security. Eligible collateral includes future assets, intellectual property economic rights, the right to payment of money deposits, shares and quotas not held in book entry form, contract rights that are not personal, and any other movable the parties value.Ley 1676 de 2013 (movable security interests), Art. 3 and art. 6, 2013-08-20 official text · verified 2026-10-27

2. The security contract must be in writing and state at least the names, identification and signatures of the parties, the maximum amount secured, a generic or specific description of the collateral and a description of the secured obligations or the rules to determine them. Signing it authorizes filing in the registry. The security becomes effective against third parties by filing in the registry, by delivery of possession or by control of the collateral, with no further filing in the commercial register.
Example: A lender to a Colombian distributor takes security over all its inventory and receivables in one contract stating a maximum secured amount of COP 10,000 million, and files it online. / The maximum secured amount, about US$3.17 million, caps what the security covers whatever the loan balance.Ley 1676 de 2013, Art. 14 and art. 21, 2013-08-20 official text · verified 2026-10-27

3. The registry is a public, electronic, nationwide filing system. A filing lasts for the term stated in the security document, renewable for three year periods, or five years if no term is stated. The Government sets the filing fees, which the Ministry of Commerce fixes by resolution on a Confecámaras technical proposal, and payment is made through the channels Confecámaras sets.
Cost to do it: Registry fees are set by Ministry of Commerce resolution and are not quoted here; there is no notarial deed requirement for movable collateral.Ley 1676 de 2013 art. 38, 42 and 44; Decreto 1074 de 2015 art. 2.2.2.4.1.40 (as amended by Decreto 1836 de 2015), Ley 1676 art. 42 and 44; Decreto 1074 art. 2.2.2.4.1.40, 2013-08-20 official text · verified 2026-10-27

4. Priority between non possessory security interests over the same collateral, including over proceeds and liens arising by law, court order or tax, is set by the time of filing in the registry, which may precede the security contract. A filed interest ranks ahead of an unfiled one; possessory interests and interests over bank accounts perfected by control rank by the time they became effective against third parties; and unfiled interests rank among themselves by contract date. Tax and fiscal claims have priority over movable collateral only where the public entity obtained a security interest in its favour and filed it before the other creditors.Ley 1676 de 2013, Art. 48 and art. 56, 2013-08-20 official text · verified 2026-10-27

5. On default the creditor may enforce through: direct payment (pago directo), taking the collateral at the value set by an appraiser drawn by lot from the Supersociedades list, where agreed or where the creditor has possession, returning any surplus to subordinate creditors or the grantor through a court deposit, with a court order for seizure and delivery on simple request if the grantor does not hand it over; special enforcement (ejecución especial) by filing an enforcement form in the registry and selling through a notary or chamber of commerce, available where agreed, where the creditor has possession or a right of retention, where the asset is worth less than 20 monthly minimum wages, on a term or resolutory condition expressly agreed, or for perishables; or court enforcement under Código General del Proceso art. 467 and 468. In the special and court routes, defences are limited to extinction of the security or the obligation, forgery or alteration, and error in the amount due.
Cost to do it: The out of court route uses notary or chamber of commerce fees and the appraisal instead of a full lawsuit; the 20 minimum wage threshold is COP 35,018,100 (about US$11,089) in 2026.Ley 1676 de 2013, Art. 60, art. 61, art. 62, art. 65 and art. 66, 2013-08-20 official text · verified 2026-10-27

6. From the start of a reorganization, no enforcement may be admitted or continued over movable or immovable assets that the debtor reported as necessary for its economic activity; enforcement over other collateral may start or continue, and the insolvency judge may authorize enforcement where the assets are not necessary or are at risk of loss. In judicial liquidation, collateral filed in the movable registry (or the relevant special register) may be excluded from the estate for the secured creditor: if its value does not exceed the secured debt it may be awarded directly to the creditor; if it does, the creditor is paid first from the sale and the rest goes to other creditors, or the creditor may keep the asset and pay the surplus.Ley 1676 de 2013, Art. 50 and art. 52, 2013-08-20 official text · verified 2026-10-27

7. The law applicable to the creation, effectiveness, filing, priority and enforcement of a movable security interest is the law of the State where the collateral is located; for collateral normally used in more than one State, the law of the State where the grantor is located; and for collateral recorded in a special registry, the law of the State of that registry.Ley 1676 de 2013, Art. 83, 2013-08-20 official text · verified 2026-10-27

8. A mortgage is a security right over real estate that remains in the debtor's possession. It must be granted by public deed, which may be the same deed as the secured contract, and must be registered in the public instruments registry; without registration it has no value, and its date counts only from registration. It may be granted under a condition or term and before or after the contracts it secures. It may be limited to a set sum, but may never extend to more than twice the known or presumed amount of the main obligation.
Cost to do it: Mortgages carry notarial fees, departmental registration tax and registry fees; see the real estate page for the amounts.Código Civil (Ley 84 de 1873), Art. 2432, 2434, 2435, 2438 and 2455, 1873-05-31 official text · verified 2026-10-27

Route	When available	How it works
Direct payment (art. 60)	If agreed or the creditor holds the asset	Creditor keeps the asset at a lot drawn appraiser's value, returns any surplus; court seizure order on request
Special enforcement (art. 62 and 65)	If agreed, creditor holds the asset or has retention right, asset under 20 minimum wages (COP 35,018,100), agreed term or condition, perishables	Enforcement form filed in the registry; sale through a notary or chamber of commerce; other secured creditors have 5 days to appear
Court enforcement (art. 61)	Always	Código General del Proceso art. 467 and 468 with limited defences

Enforcement routes for movable collateral (Ley 1676 de 2013)

Worked example

A US fund lends US$5 million (COP 15,789,700,000) to a Colombian agribusiness. It takes a single security agreement over inventory, receivables, equipment and shares of the borrower's subsidiary, agrees direct payment and special enforcement, and files online before disbursement so that its priority dates from the filing (Ley 1676 de 2013 art. 3, 14, 21, 48 and 62).
If the borrower later enters reorganization and lists the equipment as necessary for the business, enforcement over it is stayed, but the lender may continue against inventory not listed or ask the judge to lift the stay (art. 50).
A mortgage over the borrower's farm requires a public deed and registration in the real estate registry, and cannot secure more than twice the loan (Código Civil art. 2434, 2435 and 2455).

Step by step

1. Search the registry against the grantor before signing.
2. Draft one written security agreement with the maximum secured amount, collateral description and secured obligations (art. 14).
3. Agree direct payment and special enforcement in the contract so the out of court routes are available (art. 60 and 62).
4. File in the registry as early as possible; filing can precede the contract and fixes priority (art. 48).
5. For bank accounts, obtain control agreements; for shares in book entry form or securities, use the specific securities rules.
6. Diary the filing expiry and renew for three year periods (art. 42).

Common traps

Relying on an unfiled security: it ranks behind any filed interest, even a later one (art. 48).
Assuming tax claims always prime: they rank ahead of movable collateral only if the authority filed its own interest first (art. 56).
Overlooking the reorganization stay on collateral that the debtor declares necessary for its business (art. 50).
Letting a filing lapse after five years when no term was stated (art. 42).
Securing a mortgage for an open amount above twice the main obligation: the excess is unenforceable and the debtor can demand reduction (Código Civil art. 2455).

Sources

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