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Carey | September 2022

On September 1st, 2022, Law No. 21,431 that modifies the Labor Code to regulate the contract of employees of companies providing services through digital platforms (hereinafter, the "Law") entered into effect. The Law regulates the services rendered by these employees for users of mobile or fixed device applications managed by said companies ...

Carey | September 2022

On August 30, 2022, and upon a public consultation opened in the context of a process of modernization of its foreign exchange regulations, the Central Bank of Chile added a new Chapter III to its Foreign Exchange Regulations Compendium (“FERC”) ...

Carey | August 2022

Law No. 21,398 (known as the "Pro-Consumer Law"), which amended Law No. 19,496, Consumer Protection Act ("CPA"), reinforced the right of withdrawal in distance purchases, establishing that: Consumers may exercise the right of withdrawal or repentance, within a period of 10 days from receipt of the product, without expression of cause, with respect to all purchases of goods, without conditioning the right to the will of the supplier ...

Carey | August 2022

On August 5, 2022, in compliance with the mandate set forth in the new article 19 ter of the law 18,010, on money lending operations, the Financial Market Commission (“FMC”) published, , the General Rule No. 484, with the purpose of regulating the requirements, rules and conditions that the money lending operations granted by entities subject to its supervision or oversight must fulfil (the “GR 484”) ...

Carey | August 2022

On August 2, Law No. 21,472 was published, which creates a tariff stabilization fund and establishes a new transitional electricity price stabilization mechanism for customers subject to price regulation. This new law complements the stabilization mechanism established in Law 21.185 (known today as PEC 1), whose stabilization fund of US$1.35 billion was exhausted ahead of schedule ...

Carey | July 2022

The National Consumer Service ("SERNAC") recently issued an "Interpretative Circular on native advertising and influencers" (the "Circular"), setting forth general guidelines on regulation, legal principles and good practices to the native advertising mechanism and the influencers ...

Carey | July 2022

Through an announcement issued by the Ministry of Finance, Mario Marcel, the government presented the general outlines of its tax reform proposal. This reform would consist of four bills (two of which would be submitted to Congress during July, and the remaining ones during the fourth quarter), which will be relevant to know in order to analyze the details of this announcement. On our web page (https://reformatributaria.carey ...

Carey | July 2022

On July 4th, 2022, three months after the deposit of the instrument of accession before the Director General of the World Intellectual Property Organization, the "Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks" (the "Madrid Protocol") entered into force in our country. The accession determined that Chile joined the Madrid System, which covers 128 countries. The Madrid System contemplates a centralized trademark application and management process ...

Carey | June 2022

On June 20th, 2022, Law No. 21,459 (hereinafter, the "New Law") was enacted, repealing the Law No. 19,223 (which regulated the former cybercrime offenses), and including several new rules to adapt our legislation to the Cybercrime Convention of the European Council, known as the "Budapest Convention", and to the necessities of a modern society ...

Carey | May 2022

The CyberDay event from May 30th to June 1st, 2022, will be the first event in which the new obligations contained in the reforms to Law No. 19,496 on Consumer Rights Protection, introduced by the "Pro-Consumer" Law and the Electronic Commerce Regulation, will be applied. The following are the main aspects and obligations to be taken into consideration for the event: Promotions, offers, contests and sweepstakes must disclose the terms and conditions governing them and their term of duration ...

Carey | May 2022

On March 15th, 2022, the new law of Guarantees and Integral Protection of Children and Adolescents came into force. The law establishes a guarantee and protection statute that makes possible the enjoyment and effective exercise of the rights of children and adolescents with emphasis on the human rights recognized by the Constitution, the Convention on the Rights of the Child and other international treaties ratified by Chile and in local legislation ...

Carey | May 2022

On April 21, 2022, a public consultation process on new access requirements and operating rules for the Formal Exchange Market was opened, in the context of the third stage of the modernization of the Central Bank's exchange regulations ...

Carey | May 2022

The Financial Market Commission ("CMF") published on April 13, 2022, in effect as of July 12, 2022, the General Rule No. 472 that regulates the 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 (“NCG 472”) ...

Carey | April 2022

On March 18th, 2022, the Labor Board (hereinafter the “LB”) issued its Regulation No. 2 (hereinafter the “New Regulation”) which replaced Regulation No. 5 of 2009, regarding the requirements and procedure for applying to an exceptional working schedule. The New Regulation became effective on April 1st, 2022 ...

Carey | April 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 ...

Carey | April 2022

On April 12, 2022, Law No. 21,440 was published in the Official Gazette, which modifies Law Decree No. 3,063 (Municipal Income Law), creating a new regime applicable to donations in favor of non-profit legal entities, which contemplates certain tax benefits. This new regime will be complementary to those contained in special regulations regarding donations ...

Carey | April 2022

After 11 years of Congressional discussion, Law No. 21,425, which reforms the Water Code (the “Reform”) was enacted into law by its publication in the Official Gazette on April 6, 2022. Water Rights The Reform reaffirms that water rights are real rights ...

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 ...

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