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Carey | April 2022

On March 31, 2022, the Chilean Financial Market Commission ("CMF") published with immediate effect, the General Rule No. 468, which regulates the authorization process for commencement of operations of local General Fund Managers or "AGF" as they are known in Chile, and the minimum background information required by the authority for granting such authorization ("NCG 468") ...

Carey | April 2022

With the purposes of expediting the registration and management of trademarks worldwide, on November 27th, 2020, the Executive filed a bill to approve the incorporation of Chile into the "Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks" (the "Madrid Protocol") ...

Carey | March 2022

On March 29, the US Senate Foreign Relations Committee approved the Tax Treaty with Chile (the “Treaty”), subject to certain reservations that evidence the amendments incorporated to the US tax legislation by the Tax Cuts and Jobs Act in 2017. This approval means a relevant milestone in the US legislative process as the Treaty was waiting for political consensus to move forward in the US Senate since its signature in 2010 ...

Carey | March 2022

On March 21, 2022, Congress approved the bill of law entitled: "Requires the execution of a contract, in the terms indicated, between Professional Sports Corporations and athletes who are part of the National Women's Soccer Championship" ...

Carey | March 2022

On March 15th, 2022, the Bill that establishes a Framework Law on Cybersecurity and Critical Information Infrastructure was presented in the Senate ...

Carey | March 2022

Law No. 21.398 "Pro-Consumer", which was published on December 24, 2021, entered into force yesterday March 24th 2022, increasing the term of the legal guarantee for consumers from 3 to 6 months ...

Carey | March 2022

The Financial Market Commission ("CMF") published for public consultation the rule that will regulate investment advisory services in Chile, specifically the requirements and procedures for registration, cancellation and suspension in the Registry of Investment Advisors (the "Registry") and the obligations to which such advisors will be subject to, including the requirements regarding the disclosure of information. The CMF will receive comments until March 25, 2022 ...

Carey | February 2022

On February 12, 2022, the Regulation of Law No. 21,325 on Migration and Foreigners (the “Regulation”) was published in the Official Gazette. In turn, Law No. 21,325 on Migration and Foreigners (the “New Law”) was enacted and published in the Official Gazette on April 20, 2021, however its entry into force was subject to the publication of the Regulation. In view of the foregoing, the provisions of the New Law came into force last February 12 ...

Carey | February 2022

On January 31, 2022, the Financial Market Commission (“FMC”) opened a public consultation process (the “Regulatory Proposal”), in order to simplify the registration process in the following registries, and the ongoing reporting obligations of entities registered in those registries: Registry of Foreign Reinsurance Brokers. Registry of Foreign Securities. Special Registry of Reporting Entities ...

Carey | February 2022

Background On February 4, 2022, Law No. 21.420 was enacted, which reduces or eliminates the indicated tax exemptions thereof. This law seeks the financing of the new Guaranteed Universal Pension (PGU) in a sustainable way over time, including a series of amendments to the Mining Code, among others. Modifications Exploration Mining Concession The duration of the concession is increased from 2 to 4 years, eliminating the possibility of requesting an extension ...

Carey | February 2022

On January 25, 2022, Law No. 21,412 (hereinafter, the "New Law") entered into force, which amends: (i) Law No. 17,798 on Arms Control; (ii) Law No. 18,216 which establishes alternative penalties to custodial or restrictive sentences; (iii) the Criminal Procedure Code; and (iv) Law No. 20,393 on Criminal Liability of Legal Entities ...

Carey | January 2022

On November 30, 2021, Law No. 21,394 was published, which introduces a set of reforms to the justice system, including amendments to certain provisions of Law No.18,287, which establishes the procedure before Local Courts ...

Carey | January 2022

Law No. 21,394, officially published on November 30, 2021, introduced a set of reforms to the justice system to promote efficiency in judicial processes and to limit the need for physical presence in courts. For that purpose, the Law reformed certain provisions of the Organic Code of Courts, the Code of Civil Procedure, and the Electronic Procedure Law, regarding the collection proceeding: Legal deadline to file an opposition to the collection complaint ...

Carey | January 2022

The reforms introduced to the justice system by the publication of Law No. 21,394, dated November 30, 2021, has regulated transitory provisions on the procedure before courts with civil jurisdiction, Courts of Appeals and Supreme Court, for civil and commercial matters, with provisory effect, to facilitate the implementation of the permanent provisions of the Law ...

Carey | January 2022

On November 30, 2021, Law No. 21,394 was published, introducing a set of reforms to the justice system to promote efficiency in judicial proceedings and to limit the need for physical presence in Courts. In addition, on December 13, 2021, the Supreme Court issued Act N°271-2021, enacting a decree (auto acordado) to regulate the remote appearance at pleadings and hearings before courts with civil jurisdiction, the Courts of Appeals and the Supreme Court ...

Carey | January 2022

On November 30, 2021, Law No. 21,394 was published, introducing a set of reforms to the justice system to promote efficiency in judicial proceedings and to limit the need for physical presence in Courts. In addition, on December 13, 2021, the Supreme Court issued Act N°271-2021, enacting a decree (auto acordado) to regulate the remote appearance at pleadings and hearings before courts with civil jurisdiction, the Courts of Appeals and the Supreme Court ...

Carey | January 2022

Law No. 21,394, officially published on November 30, 2021, introduced a set of reforms to the justice system to promote efficiency in judicial processes and to limit the need for physical presence in courts. For that purpose, the Law reformed certain provisions of the Organic Code of Courts, the Code of Civil Procedure, and the Electronic Procedure Law, regarding the collection proceeding: Legal deadline to file an opposition to the collection complaint ...

Carey | January 2022

On December 31, 2021, The Chilean Ministry of Public Works published one of the last calls for bids before closing 2021, corresponding to the modernization and improvement of the current Route 68. The 140.7 km project will connect the municipalities of Santiago, Valparaíso and Viña del Mar and has a budget of approximately US $ 1.2 billion - the highest amount ever in a call for bids under Sebastián Piñera's administration ...

On October 30, 2021, Supreme Decree Nº 030-2021-MINAM ("DS030") was published in the Official Gazette "El Peruano", adopting Maximum Permissible Limits ("MPL") for atmospheric emissions from thermoelectric generation activities ...

As it is known, the second paragraph of Article 5 of the New Constitutional Procedure Code (Law 31307) provides that "In constitutional proceedings against judicial decisions, judges or magistrates of the Judiciary are not notified or summoned with the lawsuit". In this regard, the Constitutional Court (TC) in the order issued in Case No ...

Carey | January 2022

On January 3rd, 2022, the Chilean Financial Market Commission (FMC) opened a public consultation process (the "Regulatory Proposal") on new regulations regarding the procedure to authorize the existence of certain special stock corporations (SSCs) and to authorize the commencement of operations of general fund managers (GFMs) ...

Carey | January 2022

In compliance with the mandate set forth in Article 19 ter of Law No. 18,010 (the "Money Lending Operations Act"), incorporated therein by Law No. 21 ...

Carey | January 2022

The possibility of having, in the short term, a new statute on personal data protection, which updates the current regulation of Law No. 19,628 on the protection of private life, is rather unlikely. Bulletin 11144-07, which modifies said Law, remains at the initial legislative stage in the Chamber of Origin, therefore it is not feasible to foresee the approval of this bill in the medium term. On the other hand, the recent publication of Law No ...

Carey | January 2022

On December 27, 2021, the Chilean Competition Agency, Fiscalía Nacional Económica (“FNE”), filed the first lawsuit with the Chilean Competition Court, Tribunal de Defensa de la Libre Competencia (“TDLC”), for an infringement of the horizontal interlocking prohibition established in Law Decree No. 211 of 1973 (“DL 211”), against Mr. Hernán Büchi, Banco de Chile, Consorcio Financiero S.A ...

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