On March 11th, 2021, the National Consumer Service (hereinafter “ SERNAC ”) published a new interpretative circular which sets rules for the notification of breaches regarding financial portability and other monitoring data (the “ Circular ”). The Circular revokes SERNAC's Exempt Resolution No ...
On March 8th, 2021, the government announced that, due to the current status of the Covid-19 pandemic in Chile, it was decided to extend the enforcement of the benefits and entitlements of the employment protection law, protected parenting law and law that temporarily amends the requirements to access to the unemployment insurance. Additionally, the coverage and amounts of the benefits of the Employment Subsidy will be increased ...
On February 23, 2021, the Plenary of the Court of Appeals of Santiago agreed to establish a regulation that favors the use of telematic systems and information technology in the various functions performed by notaries, providing instructions for: The use of advanced electronic signature (FEA) by the notary publics (notarios públicos). The authorization of signatures stamped on private instruments, by telematic means ...
On March 4, 2021, Exempt Resolution No. 625 of the Ministry of Mining (“Res. No. 625”) was published in the Official Gazette. Res. No. 265 sets forth a citizen consultation process on the proposal to amend Supreme Decree No. 248 of 2007, which approved the Regulations on the Approval of Projects of Design, Construction, Operation and Closure of Tailings Dams (the “Regulations”) ...
Regarding the Public Tender Process for the supply of energy and power to distribution companies that will take place this year (“2021/01 Tender Process”), please consider the following: On December 21, 2020, the National Energy Commission (CNE) approved the definitive Tender Rules for this process (the "Rules"), by means of the Exempt Resolution No. 478 ...
On February 9, 2021, Supreme Decree No. 57/2019 of the Ministry of Health, which approves the Regulation on Classification, Labeling and Notification of Hazardous Chemical Substances and Mixtures (the "Regulation"), was published in the Official Gazette ...
On February 15th, 2020, Law No.21,312 (hereinafter, the “Law”) was published in the Official Gazette, which extends the enforcement of the benefits and entitlements established in Title I of law No.21,227 (“Employment Protection Act”) and in Law No.21,263 (that temporarily amends the requirements to access and increases the amounts of the benefits of the unemployment insurance) and grants new provisions with charge to the unemployment mutual aid fund ...
On February 9, the Commission for the Financial Market ("CMF") published a proposal for the bill known as “Fintech Law”, the new regulation that intends to establish a legal framework applicable to Fintech companies in Chile, which until now have been characterized by operating without a specific regulation. The CMF’s proposal establishes a regulatory perimeter for certain types of Fintech companies and, also, in turn places them under the CMF's oversight ...
On February 6, 2021, the Ministry of Treasury’s Decree, that established the regulation of the Law 21,299 , on mortgage loan postponements, was published in the Official Gazette (the “Regulation”) ...
Executive Summary On February 5th, 2021, the Ministry of Economy published the final version of the Regulation on Voluntary Procedures, which is processed before the National Consumer Service, for the protection of collective or diffuse interests of consumers ...
On January 20, 2021, Supreme Decree No. 8/2019 of the Ministry of the Environment was published in the Official Gazette, setting forth collection and valorization goals and other associated obligations for tires in order to prevent the generation of such wastes and to promote their reuse, recycling or other types of recovery, in the context of Law 20,920 on Extended Producer Responsibility. Regulated object: tires This decree is applicable to tires introduced into the market ...
The National Geology and Mining Service (the "SNGM") has issued exempt resolution No. 69/2021 (the "Resolution"), which establishes the program of updates and periodical audits of closure plans to which the companies listed there must comply within the 2021 calendar year. Closure Plans Law No ...
On December 4 th , 2020, Supreme Decree No. 2,097 of the Ministry of Finance (hereinafter, the “ Decree ”) was published in the Official Gazette, which extends the enforcement of the benefits established in titles I and II of law No.21,227 (“ Employment Protection Act ”) and in law No ...
On January 4, 2021, law No. 21, 299, which allows the postponement of mortgage loans installments and sets a state guaranty to guarantee the so postponed installments was published in the Official Gazette (the “New Law”) ...
On November 7 th , 2020, Law No. 21.283 was published in the Official Gazette, Which readjusts the amount of the minimum monthly income, the maternal family and assignment and the family allowance. This Law will be retroactively in force since September 1 st , 2020 ...
Changes to the Chilean Labor Code require employers to adopt measures that facilitate the inclusion of disabled employees Law No.21,275 was added to the Labor Code and published in the Official Gazette on October 21, 2020. The new law is intended to facilitate the inclusion of disabled employees in the labor force. Companies to which the law applies The Law is applicable to those companies that, in accordance with article 157 bis of the Labor Code, have 100 or more employees ...
On November 15, 2019, a broad group of Congresspersons from a broad political spectrum came to the agreement of initiating a process for eventually replacing the Chilean current Constitution with a New Constitution, as a reaction to the social demonstrations that had taken place during the previous weeks ...
On September 4th, 2020, law No.21,263 (hereinafter, the “Law”) was published in the Official Gazette, which temporarily amends the requirements and increases the benefits’ amounts of the unemployment insurance established in law No.19,728 (hereinafter, “Unemployment Insurance Act”) on the occasion of the pandemic caused by COVID-19, and improves the benefits regulated in law No.21,227 (hereinafter, “Employment Protection Act” or “LPE”[1]) ...
Law No.21,260 (the “Law”) which modifies the Labor Code to permit the remote work or teleworking to pregnant women in case of state of catastrophe, for a public calamity, due to an epidemic or pandemic arising from a contagious illness (the “State of Catastrophe”), and also establishes other exceptional rules, has been published in the Official Gazette on September 4th, 2020 ...
On August 18, the Chamber of Deputies and the Senate approved a bill introduced by the government on June 25, which establishes the emergency plan to promote economic recovery and employment. Although in its first phase, the project was modified and approved by the Chamber of Deputies, and rejected by the Senate, the new proposal submitted by the Joint Commission was approved in its entirety by the Congress ...
On Tuesday, August 18, the Congress approved a bill that contemplates several tax measures in order to inject liquidity and promote economic reactivation (the "Bill"). Among other measures, the Bill grants the possibility to Corporate Tax taxpayers who declare effective income according to complete accounting, to instantly depreciate 100% of the value of new or imported fixed assets acquired between June 1, 2020 and December 31, 2022 ...
On Monday July 27th, Law No. 21,247 which establishes special benefits for some parents and children’s guardians (the “Law”) in the context of the COVID-19 pandemic, was published on the Official Gazette. The main aspects regulated by the Law, are the following: I. Preventive parental leave It consists in the granting of preventive leave for taking care of children whose parents were making use of the parental postnatal leave ...
The pandemic revealed a great need to remotely execute acts and contracts, avoiding the need to meet to sign the documents or appear before a notary. This increased the doubts about the regulation on electronic signatures, especially in order to understand under what circumstances they can be used and when not ...
