The law establishes a general principle that the Notary’s authorization is not required for procedures carried out before government agencies.
On July 7, 2023, Law N°21.582 was published in the Diario Oficial, which amends several regulatory bodies and eliminates or modifies the intervention of notaries in certain procedures and proceedings.
Among the most important provisions of this new law are the following:
First, it stipulates that State agencies may not require the presentation of notarial authorizations of signatures on documents, for the execution of procedures to be carried out before them, unless such authorization is expressly required by legal or regulatory mandate.
In addition, a series of amendments to certain laws are introduced, the most relevant of which are as follows:
Procedures where the requirement to reduce to public deed is eliminated:
– General Urbanism and Construction Law: Article 162 is amended, eliminating the need to reduce to public deed the Alteration or Repair Permit, once approved by the corresponding Municipal Works Directorate, for affordable housing.
– Gas Services Law: Amendments are made to articles 7 and 18, eliminating the need to reduce to public deed the decree granting the concession of the public gas distribution service.
– General Law of Electric Services: Articles 20, 23, 29, 39, 62, 97 and 98 are amended, eliminating the need to reduce to public deed several resolutions and decrees of the Superintendence of Electricity and Fuels.
Procedures that incorporate the use of electronic documents with advanced electronic signature:
– Law on Reorganization and Liquidation of Companies and Individuals: Article 122 is amended, allowing the delegation to appear in the absolution of positions on behalf of the legal representative of a legal entity to be recorded in a document signed with advanced electronic signature.
– General Law of Fisheries and Aquaculture: Amendments are introduced, removing the need for notarial authorization of the agreement of organizations of artisanal fishermen for the joint allocation of management areas and allowing this to be signed by means of an advanced electronic signature.
– General Law of Cooperatives: The need to reduce to public deed the power of attorney to vote in the Cooperative Board, copy of the minutes of the Board of Directors and document for the alienation of participation quotas of housing cooperatives is eliminated and may be subscribed with advanced electronic signature.
Amendments aimed at reducing other unnecessary formalities:
– Professional Sports Corporations Law: Articles 5° and 27 are amended, eliminating the need to reduce to public deed the certificate of association to a professional sports league. In addition, the mandatory attendance of a notary public at the extraordinary assemblies held by corporations and foundations that develop sports activities is eliminated.
It is important to note that the new law is part of the legislative effort aimed at modifying the registry and notary system in its organic and functional aspects, and that it contemplates bills that are currently being processed.
For more information on these topics, please contact our Corporate and Business and Civil Litigation teams:
Juan Pablo Vieira | Associate | jvieira@az.cl
Raimundo Busquet | Associate | rbusquet@az.cl
Felipe Chasco | Associate | fchasco@az.cl
