Legal Alert Covid-19: New Law Facilitates Access to Medicines during Pandemics

30 July, 2020

September 23, 2020 / By Tomás Muñoz On September 22th, 2020, Act N° 21.267 was officially published. The purpose of the Act is to facilitate access to medicine by extending the validity of medical prescriptions that were given before or during a pandemic officially decreed by the Chilean Government. In particular, this is achieved by extending the prescription validity, which correspond normally to 6 months since the physician has granted it. As so, the Act has established the following: All authorized establishments must permit access to medicines upon the presentation of a valid prescription´s copy, regardless of its physical or digital support. Prescriptions granted 6 month before a pandemic decree by the Government and those prescribed during it, will be considered valid during the pandemic and 6 months after. Regarding any other mandatory norms that authorized establishment must abide, they will still be mandatory regardless of an official pandemic decree. Misuse of prescriptions will be sanctioned according to the Sanitary Code, the Criminal Code and Lay N° 20.000, that sanctions drug trafficking and consumption, if applicable. The Sanitary Code is modified in order to eliminate the mandatory use of an Advanced Electronic Signature to grant a prescription, being replaced with the norms of a decree. Though the Act does not indicate which specific decree, the legislative discussion demonstrates that it was intended to refer to the Pharmacies Regulation, Decree N° 466. En relación a este tema, revise la alerta enviada el 8 de mayo sobre el Decreto que introduce el comercio electrónico de medicamentos. In relation with this matter, please review the legal alert: Ministry of Health introduces e-commerce in medicines. Contacts For more information, please contact: Tomás Muñoz Asociado tmunoz@dlapiper.cl * This report provides general information on certain legal or commercial matters in Chile, and it is not intended to analyze in detail the matters contained in it, nor it is intended to provide a particular legal advice on them. It is suggested to the reader to look for legal assistance before making a decision regarding the matters contained in this report. This report can not be reproduced by any means or in any part, without the prior consent of DLA Piper BAZ | NLD SpA. (c).

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Legal Alert Covid-19: Law that increases the capital of the Small Business Guarantee Fund (FOGAPE) and temporarily softens its requirements

5 May, 2020

May 5, 2020 / By Mauricio Halpern y Vicente Vergara On April 24, 2020, Law No. 21,229 (the “Law“) was published in the Official Gazette. Its main purpose is to provide an emergency capitalization to the FOGAPE and to temporarily relax the requirements to qualify for financing, until April 30, 2021. The FOGAPE (an acronym for the initials in Spanish, “Fondo de Garantías para Pequeños Empresarios“) is a fund managed by Banco Estado, the most important public banking institution of the country, which administers resources to provide state guarantees to loans granted by banking entities. The main measures established by the Law are as follows: Contribute state-owned resources to the FOGAPE´s patrimony for an amount of up to US$3,000 million , which may be delivered in one or more transfers within a maximum period of 36 months from the date the Law comes into force. To extend the benefits of the FOGAPE to companies whose annual net sales do not exceed UF 1,000,000 (approximately USD 34,224 million), and to exporters, under certain conditions. It should be noted that, prior to the publication of the Law, only companies whose annual net sales did not exceed 600,000 UF (approximately USD 20,534 million) could apply to the FOGAPE. It establishes maximum percentages to be secured according to the size of the company (amounts in the chart are the approximated value in USD, originally in Unidades de Fomento, 1 UF =US$ 34,22 as of May 5, 2020): Company Size % Guarantees Maximum Secured Amount Annual Sales Prior the Law Law 21,229 Prior the Law Law 21,229 Up to USD 856,000 80% 85% US 171,200 US 214,000 US 856,000 to US 3,424 million 50% 80% US 513,600 US 856,000 US 3,424 million to US 20,534 million 30% 70% US 1,712 million US 5,136 million US 20,534 million to US 34,224 million – 60% – US 8,650 million   The financings guaranteed by the FOGAPE, when granted by institutions that have access to financing from the Central Bank of Chile, must have an annual and nominal interest rate that does not exceed the equivalent of the Policy Interest Rate plus 3%. Although there is no exact information regarding the historical interest rate charged on loans granted with FOGAPE guarantees, this rate would be significantly lower. In order for a bank or financial institution to grant financing with the state guarantee FOGAPE, the respective institution must have guarantee rights awarded in force. The Central Bank, in its capacity as administrator of the Fund, periodically carries out public bids for institutions to join or continue operating with said guarantee and thus, allow access to financing for small and medium enterprises. In this regard, the Law establishes that the rights awarded in bids prior to the entry into force of the Law, as well as those funds available from bids prior to the entry into force of the Law, will remain in force for those who have been awarded them in said bidding, unless they expressly opt to waive the rights awarded, and choose the conditions established in the Law. After 30 days from the publication of the Law […]

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Legal Alert Covid-19: Obligation to wear masks and their infringement as a source of the crime of harming public health

20 April, 2020

April 20, 2020 / By Ignacio Schwerter On April 17, 2020, Resolution No. 282 of the Ministry of Health was published in the Official Gazette. By means of this resolution, the authority established the mandatory use of masks in different places and under different circumstances: 1. To all people using public or private transportation subject to payment. The same obligation applies to those who use lifts or funiculars, regardless of their public or private nature and the number of people using them. Finally, the same measure applies to all operators of the various means of transport covered by this Resolution, as well as to those people working in them. 2. To all people in the places indicated below, when 10 o more occupy the same space: a) Closed spaces in schools and higher education b) Closed spaces in airports and terraports c) Closed spaces in theatres, cinemas, discotheques, casinos and similar venues d) Closed spaces in supermarkets, shopping centres, hotels, pharmacies and other similar establishments open to the public. e) Closed spaces in public and private health establishments. f) Closed spaces in places where products, medicines or food are manufactured, processed, deposited or handled. g) Closed spaces in workplaces. h) Galleries, grandstands and other rooms for the public in sports halls, gyms or stadiums. This is not applicable to sportsmen and women during the practice of sport. i) Pubs, restaurants, coffee shops and similar places, in their public or closed spaces, for those attending or working in them. J) Residences for the elderly. These measures began to apply at 5:00 a.m. of April 17, 2020 and will remain in effect indefinitely, until the epidemiological conditions allow for their suspension. Finally, it is important to bear in mind that the violation of the measures described above will be punished according to the provisions of Book X of the Health Code, and, when applicable, according with the Criminal Code as an attack on public health. The crime in question punishes anyone who endangers public health by violating the rules of hygiene or health, duly published by the authority, in times of disaster, epidemic or contagion, with imprisonment or a fine from six to twenty monthly tax units (unidades tributarias mensuales). Contacts For more information, please contact: Ignacio Schwerter Counsel ischwerter@dlapiper.cl * This report provides general information on certain legal or commercial matters in Chile, and not intended to analyze in detail the matters contained in it, not is it intended to provide a particular legal advice on them. It is suggested to the reader to look for legal assistance before making a decision regarding the matters contained in this report. This report may not be reproduced by any means or in any part, without the prior consent of DLA Piper BAZ | NLD SpA 2020.

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Exprofesionales de la FNE analizan cambios al organismo anunciados en agenda antiabusos (Pulso)

11 December, 2019

Carolina Bawlitza, counsel of DLA Piper comments on the anti-abuse agenda proposed by the government. Pulso

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Best Lawyers 2020: baja presencia de mujeres marca última entrega de guía legal para Chile (Diario Financiero)

3 December, 2019

Matías Zegers received the Best Lawyers™ 2020 Venture Capital Law “Lawyer of the Year” award in Chile. Diario Financiero

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The venture capital team behind the operation in Chile (Diario Financiero)

14 October, 2019

DLA Piper has advised Cornershop partners in their long history of ventures. Diario Financiero

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Grupo Patio enters the hotel business through an alliance with the Selina chain (El Mercurio)

1 July, 2019

Our office together with Lathan and Watkins (NY) advised Selina Operations Chile SpA in the joint venture agreement for the opening and operation of hotels under the Selina brand in Chile. Matías Zegers (partner) and Teresa Fernández (counsel) participated in this operation. El Mercurio

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