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Carey | November 2011

Chilean law allows the creation of security interests over almost all kinds of assets and rights held by project companies, except for certain assets listed in the Civil Procedure Code that may not be attached under Chilean law (eg, working tools and assets employed in services that may not be stopped with serious harm to public transportation or health, household assets, salaries and child support up to a certain amount) ...

Carey | September 2011

Chile Rafael Vergara and Juan Francisco Mackenna Carey y Cía Ltda   Mining industry Carey | September 2011

New regulations on Air Pollution and Primary Standard on breathable particulate matter PM2.5 emision standard for thermoelectric power plants. One of the most groundbreaking legal innovations that have occurred during 2011 is the enactment of the regulation that contains the Primary Standard on Fine Inhalable Particulate Matter PM 2.5 and the Emission Standard for Thermoelectric Power Plants. Both regulations will enter into force on January the 1st of 2012 ...

Carey | August 2011

Law No. 20,500 about Associations and Community Participation in Public Management was published on the Official Gazette on February 16th, 2011, and it is a great progress in order to materialize the right of free association and the participatory principle, both established in the Chilean Political Constitution ...

Carey | July 2011

On May 5th, 2011 Chile joined the Budapest Treaty on the International Recognition of the Deposit of microorganisms for the Purposes of Patent Procedure. In Chile, this treaty will enter into force on August 5th, 2011 ...

Carey | June 2011

1.      International anti-corruption conventions To which international anti-corruption conventions is your country a signatory? Chile is a signatory to and has ratified the Inter-American Convention against Corruption, the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, and the United Nations Convention against Corruption.   2 ...

Carey | June 2011

1. Types of transaction How may businesses combine?  The most common forms of business combinations are as follows ...

Carey | May 2011

Communications policy 1. Policy - Summarise the regulatory framework for the telecoms and media sector. What is the policymaking procedure? In connection with the regulatory framework for the telecoms and media sector in Chile, there are two general laws to take into account, the General Telecommunications Law (the GTL) and the National Television Council Law (the NTCL) ...

Veirano Advogados | May 2011

Abstract:Following the provisions of the TRIPS agreement, the Brazilian Industrial Property Law affords special protection to famous (highly renowned)  trademarks in all fields of activity ...

Veirano Advogados | May 2011

The Brazilian industry appears to be fully recovered from the world crisis of 2008, at least as regards Intellectual Property aspects.  According to a recent official announcement made by the Brazilian Trademark Office, the number of trademark filings in Brazil raised considerably in 2010, from an estimate 111.724 applications in 2009 to a total of 129.620, which corresponds to a 16% growth ...

Veirano Advogados | May 2011

It seems to have avoided the worst effects of the 2009 financial crisis that shook much of the developed world, as domestic demand, government stimulus and rising commodity prices helped pull the economy out of recession faster than most countries. Indeed, the good economic momentum that catapulted Brazil forward over the past 10 years has helped 30% of the population to rise out of poverty and become consumers of products and services ...

Beccar Varela | May 2011

Argentina has great geological potential and a very attractive regulatory framework that provides mining companies with important incentives, such as a 30-year fiscal stability period and several tax exemptions.   However, in 2010, the Argentine mining industry faced certain issues prompted by regulatory trends in order to address social, environmental, and economic concerns towards mining ...

Carey | February 2011

Tax treatment of different acquisitions What are the differences in tax treatment between an acquisition of stock in a company and the acquisition of business assets and liabilities?   The main difference from the acquirer’s perspective is that there is only a step-up in the tax basis on an asset purchase, while a stock acquisition as a general rule does not allow for a step-up on the basis of the target’s assets ...

Vouga Abogados | August 2010

Casa Grüter, a small domestic grocery store chain, created quite a commotion in Paraguay when it accused its distributors into boycotting them.  According to publications in local newspapers, the larger supermarkets had supposedly told numerous domestic distributors they would stop doing business with them if they continued doing business with Casa Grüter ...

Carey | July 2010

Subject 2010 – Country LatinLawyer Reference LATIN LAWYER THE BUSINESS LAW RESOURCE FOR LATIN AMERICA Reference Environment 2010 – Introduction Rafael Vergara and Paulina Sandoval Carey & Cía   As most Latin American countries have begun or begin to celebrate their 200 years of independence, it is time not only to look back but also to look ahead ...

Carey | July 2010

As most Latin American countries have begun or begin to celebrate their 200 years of independence, it is time not to look back but also to look ahead. This statement could not have been more suitable to what environmental law practice is experiencing in Latin America nowadays: a rapid growth and sophistication. Those days when no specialised authorities or statutes existed for the protection of the environment have been left far behind ...

Beccar Varela | June 2010

I once heard that Chinese architects have a curious, but effective, way of designing public squares. First, they will sow seeds over the surface of the square and wait till the grass grows. Then, they will let people walk around the square for a period of time. Finally, the stepped areas will help the architects decide which paths across the square to pave ...

Veirano Advogados | April 2010

The escalation of fierce competition among companies for more cost effective products and services has raised discussions about Social Dumping, a curious combination of a traditional pure economic concept with labour and employment regulation ...

Veirano Advogados | March 2010

In Brazil the payment of profit sharing is regulated by Law # 10101/2000 (“Profit Sharing Law”), which sets the terms and conditions that the company’s plans have to meet in order to have such payments excluded from the basis of calculation of the mandatory labor benefits (vacation bonus, 13th salary, etc.) and the social security contributions ...

Veirano Advogados | December 2009

At this moment, according to the Brazilian Constitution, employees may not work more than 44 hours per week. Also, whenever employees work overtime, the hourly rates are increased by at least 50%. Yet, a Constitutional Amendment Bill is being discussed in Brazilian House of Representatives in order to change such provisions. Bill no ...

Veirano Advogados | November 2009

Pursuant to Article 74, 2nd paragraph, of the Brazilian labor code, companies with more than ten employees should control the working hours of its employees by means of manual, mechanic or electronic time registers.   Electronic time registers (“ponto eletronico”) have been commonly used by employers to keep track of employees’ work hours ...

Veirano Advogados | October 2009

Over the last decade, Latin American nations have put considerable effort into demonstrating their willingness to overcome the increasing amount of counterfeit activity in the region These efforts were intensified particularly after the US Trade Representative (USTR) released a warning, by inserting Argentina and Brazil in its “priority watch list” and by applying even greater restrictions to Paraguay, as subject to Section 306 of the 2003 Special 30

Brigard Urrutia | August 2009

On July 24, 2009 the Colombian Congress approved the bill "by virtue of which new regulations are issued for the protection of competition". Some of the relevant provisions incorporated in the bill are the following:    Single Antitrust Authority. The Superintendence of Industry and Commerce (“SIC”) is appointed as the only Antitrust Authority in Colombia ...

Guyer & Regules | July 2009

The intention of this brief note is to present an analysis of internal crises within law firms and the way of avoiding them. We define a crisis as an unexpected and grave difficulty or danger (“a time of intense difficulty or danger”). As a matter of fact the greek origin of crisis (“krisis”) meant “decision” (from “krinein” – decide) ...

SMS Buenos Aires | June 2009

Technical Resolution 26 – FACPCE   Dated March 20, 2009 the FACPCE (Argentine Federation of Economic Sciences Professional Boards) approved Technical Resolution No. 26 “Adoption of the International Financial Reporting Standards of the Board” effective as from the years commenced after January 1st, 2011, not admitting an earlier application ...