Public Initiatives for a Carbon Credit Market in Chile
24 de august, 2021 / By Felipe Bahamondez and Roberta Andreani. Some years ago, the tax legislation established the so-called Green Tax, that is, an annual tax on emissions of particulate matter (PM), nitrogen oxides (NOx), sulfur dioxide (SO2) and carbon dioxide (CO2), produced by establishments whose fixed sources exceed the levels established by law. Almost 7 years after the […]
Read moreLegal Alert: New Law limiting the generation of disposable products and plastic bottles
16 August, 2021 / By Felipe Bahamondez and Roberta Andreani. On August 13, 2021 was enacted Law No. N° 21.368, which seeks to protect the environment and reduce the generation of waste by (i) restricting the delivery of single-use products in food establishments, (ii) encouraging reuse and (iii) certifying single-use plastics, and (iv) through regulating disposable plastic bottles. Single-use products: […]
Read moreLegal Alert: Anonymous Whistleblower
6 de julio, 2021 / By Matías Zegers and Josefina Consiglio On April 13th, 2021, the Law No. 21,314 regarding Transparency and Responsibility of Market Agents that modifies various regulations, among them, the Legal Decree No. 3.538, which creates the Financial Market Commission (“CMF” or the “Commission”) was published in the Official Gazette, to create the Anonymous Whistleblower. On July […]
Read moreLegal Alert: CMF publishes regulations in consultation to set TER for Pension Funds
22 June, 2021 / By Diego Noguera and Jorge Timmermann On June 17, the Commission for the Financial Market (“CMF”) published in consultation a draft regulation to set maximum fees to be paid by the Pension Funds. Article 45 bis of D.L. No. 3.500 requires the Superintendence of Pensions and the CMF to establish annually, through a joint resolution, the […]
Read moreNew Guidelines and Instructions of the FNE for Merger Control
13 Mayo, 2021 / By Felipe Bahamondez, Sofía O´Ryan and Macarena Alliende. With the objective of updating and strengthening the merger control regime, the National Economic Prosecutor’s Office (“FNE”) announced yesterday the release of new Guidelines on the assessment of horizontal mergers (“Guidelines “), which will be submitted to public review until June 11, along with instructions on Pre-Notification Consultations […]
Read moreLaw No. 21.325 – New Immigration and Foreigners Law
20 April, 2021 / By Luis Parada, Gabriela Andrade and Ignacio Abogabir. On April 20, 2021, and after eight years of processing, the New Immigration and Foreigners Law (the “New Immigration Law”) was published in the Official Gazette, which replaces the current legislation, dating from 1975, and which was evidently surpassed by the reality of globalization and migratory flows, updating […]
Read moreLabor Alert: Legality of the PCR testing in employees and labor risk of obtaining movement permits in quarantine for contracting companies’ employees
07 April, 2021 / By Luis Parada, Gabriela Andrade and Diego González. Recently, the Labor Directorate (“LD”) has referred to the legality of requiring PCR tests to the company’s employees (opinions No. 1124/10 of March 30 and 1189/011 of April 1st). In these opinions, the LD has indicated the following: As a general rule, it is considered discriminatory requiring a […]
Read moreRegulatory Alert: New Regulation of the REP Law: Goals for Containers and Packaging
19 March, 2021 / By Felipe Bahamondez and Roberta Andreani. On March 16, Decree No. 12 of 2020 was published in the Official Gazette, which establishes collection and recovery goals and other obligations with respect to containers and packaging, which are defined as priority products in the Law of Extended Producer Responsibility and Promotion of Recycling. This regulation joins Decree […]
Read moreLegal Alert: Extension of the Employment Protection Law and New Social Security Caps
8 March, 2021 / By Luis Parada, Gabriela Andrade e Ignacio Abogabir. Extension of Employment Protection Law benefits: On March 6, 2021, Supreme Decree N° 279, of 2021, of the Finance Ministry was published in the Official Gazette, which extends the validity of the Employment Protection Law benefits (Law N° 21,227), and, in addition, grants the right to additional payments […]
Read moreLegal Alert: CMF: New exceptions to the registration of public securities offerings
March 01, 2021 / By Diego Noguera and Jorge Timmermann On February 22, the Financial Market Commission (“FMC”) published General Rule No. 452 (“GR 452”), which exempts certain public offerings of securities from the registration requirement and amends General Rule No. 336 of 2012, which establishes securities offerings that do not constitute public offerings (“GR 336”). GR 452 adds new […]
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