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.

Read more

Legal Alert: Law that modifies Law No. 19,983 that regulates the transfer and grants executive merit to the copy of the invoice

7 April, 2020

April 7, 2020 / By Macarena Iturra, Ricardo López, Manola Quiroz, Luis Parada, Felipe Riedel, Ignacio Schwerter, Claudio Sepúlveda and Andrea de la Vega. In this legal alert prepared in the framework of the Coronavirus in Chile, you can find information about (I) law N°21,217 that modifies law N°19,983 that regulates the transfer and grants executive merit to the copy of the invoice; (II) the law that establishes an exceptional legal regime for judicial proceedings and about (III) the crime of fraudulent obtaining of benefits from the unemployment insurance and criminal liability of the legal entity. I. Law No. 21,217 that modifies Law No. 19,983 that regulates the transfer and grants executive merit to the copy of the invoice On April 3, Law No. 21,217 was published in the Official Gazette, amending Law No. 19,983, which regulates the transfer and grants executive merit to a copy of the invoice, in order to limit exceptional payment term agreements in cases of smaller companies issuing invoices (hereinafter the “Law”). In summary, the Law -which amends Article 2 of Law 19,983 and which will enter into force 60 days from its publication, except for the public nature of the registry of agreements maintained by the Ministry of Economy indicated below, which will enter into force from its publication- prevents the possibility of the parties from agreeing to exceed the maximum term of 30 days for the payment of invoices in the event that a smaller company (defined in Law No. 20,416) participates as a seller or service provider and, as buyer or beneficiary of the good or service, a company that exceeds the highest value of the annual income indicated in Law No. 20,416, unless the longer term is for the benefit of the smaller creditor company, and in those cases that contemplate tests, advance payments, partial payments or advance payments. In addition, this Law grants the character of public to certain information of the registry maintained by the Ministry of Economy, and in which the agreements that extend by common agreement the term for the payment of the invoices must be registered. On the other hand, the Law establishes as a new clause that does not produce effect, whatever the term stipulated by the parties, those that have the purpose of delaying the term of payment of the invoice, establishing partial payments, except for the cases mentioned above (that the longer term be in benefit of the smaller creditor company, and in those cases that contemplate tests, advance payments, partial payments or payments in advance). Finally, the Law states that the stipulations regarding the payment term contained in the agreements concluded between smaller companies, such as sellers or lenders, and the companies that exceed the highest value of the annual income indicated in Law No. 20. 416, as purchasers or beneficiaries of the good or service, registered prior to the entry into force of the law in the registry of agreements maintained by the Ministry of Economy, and that are not in the exceptional cases of the Law mentioned above (that the greater term is in benefit of the smaller creditor company, […]

Read more

Permisos sin goce de sueldo y baja de salarios: las medidas en que piensan las empresas para afrontar la crisis (Diario Financiero)

19 March, 2020

Luis Parada in Diario Financiero comments on some of the measures taken by the companies to face the Coronavirus health crisis. Diario Financiero

Read more

Legal Alert: CMF authorizes corporations under its control to use electronic signature for board of directors meetings minutes

26 February, 2020

February 25, 2020 / By Matías Zegers and M. del Pilar Paredes On February 13, 2020, the Commission for the Financial Market (“CMF”) issued General Rule No. 434 (“NCG 434”) that authorizes corporations that are under its control, the use of electronic signature for the subscription of minutes of board of directors meetings. The NCG 434 permanently authorizes the use of electronic signature for the subscription of board of directors meeting minutes of corporations under its control, which, to date, according with the provisions of the final paragraph of Article 48 of Law No 18,046 on Corporations, was not allowed, and was optional for the CMF to do so. The CMF establishes in NCG 434 that the use of the electronic signature must be carried out through mechanisms that comply with the conditions set forth in Law No 19,799 on Electronic Documents, Electronic Signature and Certification Services of said Signature. Therefore, in accordance with the provisions of Article 2 letter f) of said Law, any electronic sound, symbol or process that allows the recipient of any electronic document to at least formally identify its author, will be sufficient. NCG 434 is clear, and in order to avoid doubts about the verification of the identity of the director who electronically signed the minutes, it expressly states that, in those cases in which no advanced electronic signature is used, the sounds, symbols or electronic processes that are employed for this purposes, must be previously agreed by the board. Additionally, states that the general manager, or who offices as secretary in the respective session, must record in the minutes the fact that said electronic signature corresponds to the director who appears subscribing it. Contacts We hope you find this information helpful: Matías Zegers Partner mzegers@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.

Read more

American Tower compra más de 3.200 antenas a Entel (Lex Latin)

9 January, 2020

The U.S. wireless infrastructure company American Tower Corporation (ATC) purchased more than 3,000 telecommunication towers from Grupo Entel in Peru and Chile for US$772 million. In total, ATC acquired 3,242 towers, 1,262 located in Peru and 1,980 in Chile. DLA Piper Chile and DLA Piper Peru advised American Tower in the operation. Lex Latin

Read more

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

Read more

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

Read more

Uber’s $450 Million Acquisition Of Cornershop (Global Legal Chronicle)

4 November, 2019

DLA Piper Chile acted as joint counsel in the operation. Global Legal  

Read more

Waterlogic makes its first direct acquisition in Latin America with Aquafree (Lex Latin)

28 October, 2019

Waterlogic was advised by DLA Piper Chile and and the lawyers who participated in the transaction were: Paulo Larrain, Manola Quiroz, M. del Pilar Paredes, M. Isabel Izquierdo. Lex Latin

Read more