NUM. 21.131 ESTABLISHES PAYMENT TO THIRTY DAYS Having present that the National Congress has given its approval to the bill originating in motion of the Honorable Senators Andres Allamand Zavala, Alfonso De Urresti Longton and Ivan Moreira Barros, and former senators Eugenio Tuma Zedan and Andres Zaldivar Larrain, Bill: " Article 1 °.-Amend Law No. 19,983, which regulates the transfer and grants executive merit to the invoice, in the following terms: 1. Replace, in the second indent of Article 1, the sentence " and, where appropriate, the (ii) the following: "the arrangements for the settlement of the outstanding balance, where appropriate, and the payment period." 2.-Replace Article 2 (2) with the following: " Article 2.-The obligation to pay the insolute balance in the balance sheet the invoice must be effectively completed within the maximum period of 30 days from receipt of the invoice. In exceptional cases, the parties may establish by common agreement a period of time exceeding that referred to in the preceding paragraph, provided that such agreement is recorded in writing, is subscribed by those who participate in it and does not constitute abuse for the creditor. These agreements must be entered within five working days following the conclusion of the agreement, in a register that will bring to the effect the Ministry of Economy, Development and Tourism, identifying the contractors, their field or activity economic, date of conclusion and period of payment, in the form established by the regulation. Stipulations concerning the term of exceptional payment or which do not comply with all the requirements required by this rule, contained in agreements that have not been entered in accordance with the previous paragraph, shall be held in writing and shall be governed by law. as a payment period of the thirty days laid down in the first subparagraph. In any event, whatever the deadline agreed by the parties, the clauses or stipulations that attempt to unduly delay the payment of the invoice to the seller or service provider will not produce any effect. In particular, the clauses or stipulations that: 1. Grant to the buyer or beneficiary of the service the ability to leave without effect or to modify at its sole discretion the contract, without requiring the prior and express consent of the seller or provider of the service, without prejudice to the exceptions provided for by the laws. 2. Contain absolute limitations of liability that may deprive the seller or service provider of its right to redress against contractual defaults. 3. Establish interest for non-payment less than those set out in the following Article. 4. Establish a payment period from a date other than the receipt of the invoice. 5. The others who establish the laws. In the absence of an express mention on the invoice and its transferable copy of the payment period, it shall be deemed to be paid within 30 days of receipt of the invoice. " 3.-Incorporate the following Articles 22a, 2º (b), 2c and 2d: " Article 22a.-If the payment is not verified within the time limits set out in the preceding article, it shall be understood, for all legal purposes, that the debtor has incurred arrears, having been paid from the first day of default or simple delay and up to the date of the effective payment, an interest equal to the current interest for transactions not readjustable in national currency of more than 90 days, for amounts exceeding the equivalent of 200 units of promotion and less than or equal to the equivalent of 5,000 units of promotion, which rija during that period, in accordance with the law No. 18.010, on credit operations and other money obligations. In the case of the organs of the State, this interest will be paid from their respective budgets. Article 2b.-The purchaser or beneficiary of the good or service in arrears shall pay a fixed fee for recovery of payments equivalent to 1% of the outstanding balance due. Article 22c.-In respect of contracts for the supply and supply of services to be held by public bodies affected by the rules of Law No 19,886, payments to their suppliers must be made within thirty days. (a) the following shall be taken after receipt of the invoice or the respective tax collection instrument, except in the case of legal exceptions setting a different time limit. Without prejudice to the foregoing, such entities may establish a period of up to 60 days at the respective invitation to tender, in the case of public or private invitations to tender, or contracts, for direct procurement, This should be based on sound grounds. In this case, they must report through the Administration's Purchasing and Procurement Information System, set forth in Chapter IV of Law No. 19,886. However, in order to proceed with the aforementioned payments, the respective entity will be required to certify the receipt of the goods or services acquired by the entity within the time limit set out in article 3 of this law. However, in the hiring of amounts lower than the limit set by Law No. 19,886 and its regulations, which have been held by electronic means, according to Article 12 A of Law No. 19.496, which establishes rules on protection of the rights of consumers, payment may be made prior to the receipt of the product, maintaining the respective contracting public body its right of withdrawal, as well as the rights and duties of the consumer, established in Paragraph 1 of Title II of that Law. Compliance with the provisions of this Article shall be verified by the internal audit unit of each public body or by that body that performs such functions. Article 2d quinquies.-If the payment is not made within the time limits laid down in the respective tendering bases or in the contract, in accordance with the provisions of the preceding article, the administrative responsibilities of the officials who may be members, without prejudice to the provisions of Articles 22a and 2º. The administrative penalties provided for in this Article shall be applied by the competent authority, subject to the instruction of an administrative summary or summary investigation, in accordance with the relevant rules. However, the Comptroller General of the Republic, in accordance with the rules of his organic law, may initiate the summary and establish the appropriate penalties. " 4.-Amend article 3 as follows: (a) Incorporate, in the second subparagraph, continuation of the sentence "or the provision of the service", the following: ", or the payment period". (b) Add the following final indent: "The credit and debit notes issued in respect of irrevocably accepted invoices shall also be inapplicable to the transferee." Article 2 °.-Replace literal (i) of article 4 of Law No 20.169, which regulates unfair competition, by the following: " (i) The establishment or application of contractual clauses or abusive conduct in the form of suppliers, the the systematic non-compliance with contractual obligations entered into with them or of the time limits laid down in law No 19,983 for the fulfilment of the obligation to pay the insolute balance on the invoice. ' Article 3.-Amend the first paragraph of Article 54 of Decree Law No. 825, of the Ministry of Finance, of 1974, which establishes the Law on Sales and Services Tax, as follows: (a) Intercalase, following the expression "purchase,", as follows: "dispatch guides,". (b) Replace the phrase "The guides and the", by the word "Las". (c) Add, following the expression "on paper.", the following sentence: " Taxpayers who only issue documents in paper may issue dispatch guides which do not import sales by this means. ' TRANSITIONAL ARTICLES Article 1.-This law, with the exception of the exceptions provided for in the following points, shall enter into force from the fourth month of publication in the Official Journal. The amendments made to the first paragraph of Article 2 of Law No 19,983 shall enter into force in the twenty-five month of the publication of this law in the Official Journal and during the first twenty-four months the maximum period of payment shall be of 60 days counted from the receipt of the invoice. The provisions of the new Article 2d of the same law shall enter into force one year after the publication of this law in the Official Journal. With respect to the Health Services mentioned in article 16 of the decree with force of law No. 1, of the Ministry of Health, enacted in 2005 and published in 2006, and its corresponding care networks; of the Central of Supply of the National Health Services System; and, of the municipalities, the rules contained in the second and second articles, which are incorporated into law No. 19,983, will apply to invoices issued by smaller companies, according to the provided in the second article of Law No 20,416, received at the first day of the twenty-ninth month of published in the Official Journal. After 12 months from that date, the rules referred to shall apply to invoices issued, without distinction of issuer. The amendments made to Article 54 of Decree Law No. 825 of the Ministry of Finance of 1974 on the obligation to issue electronic dispatch guides will enter into force one year after the publication of this law in the Official Journal. Article 2.-The Internal Revenue Service shall submit to the Economic, Development, Micro, Small and Medium Enterprises Commission; In the Official Journal, a report analyzing the technical feasibility of granting to the members of the Chamber of Deputies and the Economy Committee of the Chamber of Deputies and the Senate Economic Committee, within a maximum of twelve months of the publication of this law in the Official Journal the tax credit right of the value added tax in the tax period in which the taxpayer pays the total amount indicated on the invoice. The Ministry of Economy, Development and Tourism shall submit to the commissions referred to in the preceding paragraph, within the same time limit, a report analyzing the payment behavior to the suppliers by the entities to which the The fourth indent of the previous article, as well as the information contained in the register created in the third indent of article 2 of Law No. 19,983. The assessment of compliance and the effectiveness of the provisions of Article 2 of Law No 19,983 shall be carried out in a study to be evacuated within sixty days of the issuance of the report referred to in the The Committee of the Economy, Development, Small and Medium Enterprises; Consumer Protection and Tourism of the Chamber of Deputies and the Senate Economic Committee. If the report concludes the use of the derogation contained in that article, the conditions laid down for the agreements, as well as any penalties for their abusive use and the proposals of the Commission, should be reviewed. modification to the standard. Article 3.-The largest tax expense that the application of this law represents during the first financial year will be financed, as appropriate, from the existing budgets of the Parties included in the article. Notwithstanding the foregoing, the Ministry of Finance, under the Public Treasury Party, may supplement those budgets on the part of the expenditure that cannot be financed from these resources. In the following years, it will be what the respective Public Sector Budget Law considers. " Santiago, 3 January 2019.-SEBASTIAN PINERA ECHENIQUE, President of the Republic.-José Ramón Valente Paas, Minister of Economy, Development and Tourism.-Felipe Larraín Bascunan, Minister of Finance. What you transcribe for your knowledge.-Salute attentively to you, Ignacio Guerrero Toro, Undersecretary of Economics and Companies of Minor Size.