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. No matter what type of business you have, any business that wants to start operations in Chile must have a legal representative registered with the Internal Revenue Service. 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. We have general managers 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. – Legally recognized identity number (NIF or NIE). 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. Good afternoon. A legal representative is always synonymous with being the general manager of a company? That is, the representative is the manager, or can there be a manager and outside of a representative? To designate the legal representative, you must contact the nearest notary and request a public or private deed approved by the notary, proving the identity of the representative with your passport or identity card. Under this provision, all Chilean or foreign natural persons residing abroad and wishing to obtain a RUT and carry out an activity in Chile must appoint a legal representative (or a representative residing or domiciled in Chile). 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. 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. He is appointed by the partners and has the function of being the representative or the visible face. Their appointment is governed by the articles of office or the articles of association of the company. Legal representation is usually granted by authentic deed, although this is not always required. According to the Internal Revenue Service (SII), the requirements to be a legal representative are as follows: Hello, I want to clear up a doubt about what would be the requirements to be the legal representative of a natural person. I will give an example: in a meeting of owners, a person who belongs to the board has the power of an owner, immediately becomes a legal representative or must comply with certain rules? 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. 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.
It is desirable to strike a balance between the powers necessary for the legal representative to carry out effectively the mandate entrusted to him or her and the restrictions necessary to protect the owner, partners and shareholders of the company. A legal representative is a person who acts on behalf of another person and is legally recognized. The person represented may be a natural or legal person. In the case of natural persons, the representative is a representative. In the second case, the legal representative may be the manager of a company, the manager of a residential building, etc. In the case of an SME, for example, the legal representative may be one or more partners or, if you prefer, a third party. In all cases, this figure is responsible for the presentation of decision-making. 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.
Until December 2014, this natural person – representative of the managing legal person – enjoyed a kind of immunity from most liability actions, whether they are brought in the context of a company procedure or bankruptcy proceedings, since, in the absence of a legal provision allowing the communication of liability between the director and his representative, compensation ±damage caused by an act of the administrative authority, violates the law, the statutes or the duties inherent in the office, must be cleaned by always appealing to the legal person that occupies this position, since it is the only one to occupy this position; Without prejudice, of course, to the right of that legal person to subsequently turn against any personal representative.