The legal representative is the person responsible for: The Commercial Code regulates issues related to the legal representation of commercial companies, but in general, the representative can sign contracts, assume obligations, fulfill them, claim the rights of the represented person, etc. Despite some divergent opinions in scientific education – and not in case law – it can be said that it is unlikely that the representative of the natural person designated by the legal person will be included in the category of persons concerned by the classification. The main function of entrepreneurs is not only to promote their entrepreneurial spirit, but also to know how to delegate functions to achieve their objectives set at the beginning of the year. Therefore, the figure of the legal representative results. In the absence of a legal provision supporting this possibility, it is wiser to eliminate liability in special insolvency proceedings by designating such persons as accomplices and not as affected persons. Especially after the aforementioned diktat of STS 104/2018, which seems to call into question whether the representative natural person can actually be subordinated to the administration by the vóa. Regardless of the types of businesses you can set up in Chile and their main characteristics, all businesses must take legal responsibility. Any company, foreign or private, wishing to start operations in Chile must have at least one legal representative registered with the Internal Revenue Service. The documents must be confirmed before the Ministry of Foreign Affairs of Chile, a fundamental step to prove the authenticity and legal validity of the document in Chile. Appointing a legal representative for your company is an important task and requires a great deal of trust from the person you wish to appoint. For some companies, this means finding and naming a third party. Reform 31/14 put an end to these practices to some extent when, in section 236.5, LSC incorporated this representative natural person into the statute of directors and provided that “he is subject to the same duties and answers jointly and individually with the director of the legal person”; For reasons of temporary validity, the rule of extension of liability to the representative of the natural person will logically apply only if the facts with which this liability is to be linked are established after 23 March.

December 2014. If we could not even agree at the registered office that this natural person can be liable ex art for the absence of premature dissolution of the company. 367 LSC, I have more reason to doubt whether liability for the bankruptcy can be attributed to it or even that it can be classified as a person concerned. The legal representative of the company must be elected by the competent social or administrative body, such as the board of directors or the general meeting. Natural persons representing legal persons managing companies cannot, by definition, be qualified as de facto directors, since they exercise the functions of their functions in strict accordance with the representation expressly provided for by law. Becker Abogados advises you so that the appointment of the legal representative of your company meets your requirements. In cases where the legal representative is abroad, he or she must be appointed by the authorities or trusted ministers of the country in which he or she is present. The document issued must be validated by the Chilean consul of the country concerned or by the competent authority if the country does not have a Chilean consul.

Once this is done, the documents must be confirmed to the Chilean Ministry of Foreign Affairs; Otherwise, the document will not be validated. The task of the legal representative is to defend the interests of the company and is the main decision-maker. He has the power to sign contracts and bind the company. You can also review and control the day-to-day actions of the company and manage its assets. Although the reform has progressed in the right direction and communicated the responsibility of the legal entity managing the administration of the natural person who constantly performs the functions of the position, the settlement of the case has been rightly described as incomplete. So much so that three ± years after©its entry into force, the problem of its correct interpretation has not been resolved, which raises the question of whether this transferability of liability works in all possible cases or whether it should be limited to ±the scope of social and individual actions”. Can the legal representative sell a business even if he or she is not the owner? The functions performed by the legal representative include: The legal representation of a company may be in the hands of a partner or a third party appointed by the shareholders. Legal representation allows the delegate to assume the activities, duties and rights of the represented or authorized representative; who manages and sells them in accordance with the conditions agreed upon when the representation was established. My question is whether one natural person can act on behalf of another.

And since it is peaceful that no claim for compensation (individual, social) can be brought against this physical representative because he does not have the status of director, it is immediately understood that the mere fact that a possible liability for debts is engaged – art. 367 LSC – is little less than anathema. The legal representations evaluated in the Civil Code are as follows: We have administrators and legal representatives. The agreement they reached at the beginning should be reviewed and, accordingly, a new economic agreement should be concluded. This could be for fees (bill) or connected, since an employee more than has all your rights. Although it is assumed that the managing director is the legal representative of the company, this is not necessarily the case, as the managing director has the function of managing the company and sometimes he is also appointed to legally represent the company. A legal representative is a person acting on behalf of another person, either on behalf of a natural person or on behalf of a legal person, such as.dem the director of a corporation, the manager of a residential complex or a representative of a natural person. Can the legal representative be the same owner of the business? When drafting articles of association or contracts for powers of attorney of the legal representative, you must ensure that the powers granted to the legal representative are properly limited. Legal representatives may perform a variety of functions inside and outside the organization they represent.

Among the most important are: It also guarantees the protection of your intellectual and personal interests in the design of the functions and duties of the legal representative. Do not hesitate to contact us to answer all your questions on this subject. Before appointing a legal representative, it is necessary to draw up a statutory document indicating the roles, duties and limits of the legal representative, so it is important to delimit his missions. In this case, the functions of the legal representative before the SII are as follows: The main characteristics of the legal representative are as follows: The legal representative of the company is the person who can acquire rights and contract binding obligations for the company on behalf of the company, as well as to act on behalf of the company before courts and other authorities. The legal representative performs the functions indicated by the representative, as in the case of commercial companies, when the statutes define the functions and powers of his legal representative. On the other hand, the solution does not differ excessively in the area of insolvency, since the LC does not allow the natural person representing the insolvency practitioner to be classified as being affected by the classification, whereas Article 172 only provides for the assignment of effective or legal directors, advocates-general or persons who have fulfilled this condition during the two ± years immediately preceding the declaration of bankruptcy (in addition to B. associated in©a true Rest). Access to electronic administrative services (this certificate does not apply to the conduct of procedures with the tax administration that require the use of certificates of legal entities).

In general, the legal representative is the same general manager of the company who provides legal representation and operational and financial management of the company, but this is not always the case. Regardless of the type of business you are starting, your business must assume legal responsibility and, therefore, the existence of a legal representative is mandatory. All companies registered in the country must appoint at least one legal representative, who must also be registered with the Internal Revenue Service. It should be emphasized that the legal representative coincides in all types of legal entities that our legal system allows, so there must be an RL in every joint-stock company. Public or private company, limited liability company, limited partnership, family micro-enterprise and limited liability company You can do this at any notary throughout Chile through a public deed or a private deed approved before a notary.