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IT CALLS FOR THE LEGAL EXISTENCE OF THE SUPPLY COMPANY FOR ISOLATED AREAS (EMAZA)

Original Language Title: PONE TÉRMINO A LA EXISTENCIA LEGAL DE LA EMPRESA DE ABASTECIMIENTO DE ZONAS AISLADAS (EMAZA)

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LAW NO. 20,693 PUTS AN END TO THE LEGAL EXISTENCE OF THE SUPPLY COMPANY OF ISOLATED AREAS (EMAZA), bearing in mind that the National Congress has given its approval to the following Bill: " Article 1.-Ponese end to existence (a) the legal basis of the Company for the Supply of Isolated Zones, hereinafter the Company, to be counted as the liquidator referred to in the following Article. For the sole purpose of its liquidation, the undertaking shall be deemed to be subsisting for the maximum period fixed in Article 6. Article 2.-By agreement of the Council of the Production Promotion Corporation, a liquidator shall be appointed to be in charge of the company. on the liquidation of the Company, under the conditions laid down in this Law and any special provisions which the Council may set in the field of this law, within the maximum period of 30 working days, to be counted from the date of its entry into force. By the same procedure, the liquidator may be removed, appointing one in replacement, for the period until the completion of the period specified in Article 6. In the same act, the Council of the Corporation for the Promotion of Production establish the liquidator's fees. The condition of being an official or adviser of the Production Development Corporation is not incompatible with the designation of liquidator; however, the remuneration or fee that is collected for such a condition will be incompatible with the one obtained in the quality of liquidator. The liquidator will be subject to the rules of administrative probity provided for in the constitutional organic law of General Bases of the State Administration, whose consolidated, coordinated and systematized text was established by the decree with force of Law No 1, 2000, of the Ministry of the General Secretariat of the Presidency, and a clause shall be incorporated which so provides in its designation, without prejudice to the civil or criminal liability that may affect the Office's acts in the exercise of its function. Article 3.-Corresponding to the liquidator the management and administration of the Company for the sole effect of its liquidation, with the following powers and obligations: (a) To dispose of the goods of the Company for consideration. b) Continue and complete pending operations. c) Liquidate the accounts with third parties and pay the Company's debts. (d) to collect the credits and to exercise the other rights that correspond to the Company. (e) Representing it in court and out of court, with the powers mentioned in the two points of Article 7 of the Code of Civil Procedure. f) Grant and revoke mandates. (g) Contreat the provision of services which are strictly necessary for the purposes of settlement. (h) to conclude, with the workers referred to in Article 5, all types of transactions, judicial or extrajudicial, which are intended to terminate pending disputes or to prevent any disputes relating to one or more of them, to the recovery of compensation or other benefits to which such workers may be entitled, in accordance with the legal and conventional provisions in force and resulting from the employment relationship between the parties. (i) to terminate and to compromise, under the conditions which it agrees, the judgments which the Company has pending, whether as a plaintiff or defendant, and to conclude transactions in order to prevent any disputes relating to the activities that the Company has developed. (j) In general, grant, celebrate and perform all acts, contracts and operations that it deems appropriate for the fulfillment of the settlement. Article 4.-The disposal of the movable property of the Company shall be governed by the provisions of the fourth, fifth and sixth points of Article 24 of Decree Law No 1.939 of 1977. The disposal of the immovable property shall be carried out in accordance with the provisions of Title IV of the same legal body. Without prejudice to the foregoing, the Corporation for the Promotion of Production may authorize the liquidator to donate the assets of the Company to the Fisco of Chile, as provided for in Articles 36, 37 and 38 of the aforementioned decree. Article 5.-Authorize the liquidator to terminate the services of the workers of the Company, which are granted, by the sole ministry of the law, for the appropriate cases, the administrative and judicial authorizations that the Labor Code and its complementary laws require workers to disengage in labor, collective or individual. Article 6.-Translate six months from the entry into force of this law, the liquidator shall terminate his or her duties, whether or not the settlement has ended, and shall account for his or her role in which he shall include an inventory of all the resources, assets and debts of the Company in liquidation, indicating the state in which they are located. In any event, the liquidator may be able to report before the indicated period, if he considers that his work has been completed. The Council of the Corporation for the Promotion of Production shall act on that account and, if approved, shall do so by agreement. If the account is not approved, the liquidator shall continue to perform until he fully amends the observations and objections made by the Council within the time limit set by the Council. However, if, during that period of time, it is deemed necessary, the liquidator may be replaced in accordance with the first subparagraph of Article 1, only for the period of extension previously fixed. Article 7.-Without prejudice to the control bodies which correspond to financial and accounting matters, the Comptroller General of the Republic shall examine and judge, at a later date, the financial and accounting management of the liquidation process. Article 8.-Ponese term to the Welfare Service of the Supply Company of Isolated Zones. The former workers of the Company who, at the date of publication of this law, are affiliated to the Welfare Service of the Supply Company of Isolated Zones will be incorporated, by the sole ministry of the law, to the Welfare Service of the Ministry of Economy, Development and Tourism. Article 9º.-The product resulting from the liquidation, as well as the goods of any kind not listed or liquidated, shall be transferred in domain to the Corporation for the Promotion of Production by the sole ministry of law. In the case of immovable property or other property whose transfer of domain requires registration in public registers, the respective conservatives shall register the transfers referred to in the preceding paragraph, serving as a title This law is sufficient. Article 10.-Adopting the agreement required by the third paragraph of Article 6, the Corporation for the Promotion of Production shall be, for the sole effect of the total term of the liquidation process, the legal continuator of the Supply Company Isolated Areas. Article 11.-Derogase the decree with force of law No. 274, of 1960, of the Ministry of Finance, that creates the company of the State called "Enterprise of Supply of Isolated Zones". Transitional Article.-The greatest expense that the application of this law means will be the sole charge of the Company for the Supply of Isolated Zones. Notwithstanding the foregoing, the Ministry of Finance, under the heading of the Treasury Department, may supplement the budget in the part of the expenditure that cannot be financed by the funds referred to above. " And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, September 16, 2013.-SEBASTIAN PINERA ECHENIQUE, President of the Republic.-Felix de Vicente Mingo, Minister of Economy, Development and Tourism.-Andres Chadwick Piñera, Minister of the Interior and Public Security.-Felipe Larraín Bascunan, Minister of Finance. What you transcribe for your knowledge.-Salute attentively to you, Tomás Flores Jana, Undersecretary of Economics and Companies of Minor Size.