Introduces Modifications To The Law N ° 19.281, On Lease Of Houses With Promise Of Sale

Original Language Title: INTRODUCE MODIFICACIONES A LA LEY N° 19.281, SOBRE ARRENDAMIENTO DE VIVIENDAS CON PROMESA DE COMPRA VENTA

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"(Artículo único.-Introdúcense las siguientes modificaciones en la ley N° 19.281, que establece normas sobre arrendamiento de viviendas con promesa de compraventa: 1) replaced, in the final paragraph of article 1, the expression"Housing Fund"by the word"Fund";" and disposed of at the same time, the opening quotation marks ('') and close quotation marks ("") of the term replaced.
(2) delete, in the first paragraph of article 2, the sentence: "However, the person concerned only shall operate an institution.".
(3) replace article 3 ° by the following: ' article 3 °.-with resources provided monthly into the account, institutions will pay income from leasing to lessor promitente seller and deduct the Commission referred to in article 5. " The balance of such contribution shall constitute the Fund available for the payment of the promised sale price to celebrate. With these resources, the institutions shall constitute one or more funds, which are referred to as 'Fund for housing", which must be managed and invested in accordance with the provisions of title VI of this law.
Institutions must make the administration of the Fund for housing to a society of the governed by the above-mentioned title, which will celebrate with her the corresponding management contract. Entrusted the Fund to one of these societies for his administration, control of the same corresponds exclusively to the Superintendency of securities and insurance.
Institutions must keep a register which shall indicate the number of shares of participation in the Fund for housing which corresponds to each of the holders of the accounts, the terms requiring the regulation of this law.
In the event of dissolution of the institution who keep accounts, on revocation of his authorization of existence or for any other cause, the liquidator must transfer accounts to another institution referred to in article 1 °. Transfer shall include the background, methodical savings contracts and the corresponding management contract signed with the administering of funds for housing. "."
(4) replace, in the first paragraph of article 4, the term "in the dictations Supreme decrees as prescribed in article 56 of this law.", by the phrase "in the regulations.".
(5) replace, in the third paragraph of article 4, the term "the percentage corresponding to the", with the phrase "to a percentage of the".
(6) repealed the fourth subparagraph of article 4 and added in the final paragraph of this article, after the word "lessee" the words "promitente buyer".
(7) replace, in the first paragraph of article 5, the expression "are entitled to" by the phrase "may obtain".
(8) replace the second paragraph of article 5 ° by the following: "the Commission shall comprise, among other expenses, remuneration for administering the Fund for housing society and will be freely established by each institution, a matter of uniform for all holders of accounts of a Fund itself. These commissions shall be exempt from the value added tax and must be reported to the public and to the supervisory body having the institution, in the way that points to the regulation. Modifications of this Committee may be paid twice in the year and govern ninety days after connecting to the respective supervisory body, period within which the account holder can change of institution or background, change to not be computed for the purposes of the provisions of article 2. "."
(9) replace article 7 ° by the following: 'article 7.-without prejudice as provided in the preceding articles, the contribution also may learn directly in real estate society, case in which the part of the contribution which exceed the rental income shall be paid to the the purchase price promised, as agreed in the respective contract. Resources well aware should be considered for the calculation of the limit of indebtedness referred to in article 22 of this law. The beneficiaries of the housing subsidy governing title V of this law may also operate in the manner described in this article. In this case, the account balance will be transferred by the institution holding the account real estate society. "."
(10) replace article 9 °, by the following: "article 9.-If the tenant promitente buyer is a dependent worker, at the written request of this, the contribution and regular voluntary deposits will be discounted by form by the employer, in accordance with rules which says article 19 of Decree Law No. 3,500 of 1980." These discounts may not exceed 30% of the total remuneration of the worker, and means that they are of the nature of dividends mortgage for purchase of housing, for the purposes of the provisions of article 58 of the labour code. Obligations imposed on and the powers conferred to the pension funds shall be imposed and conferred to the institutions referred to in article 1, and real estate societies referred to in title II, in the case referred to in article 7 °.
If the employer not made the corresponding discount, having been required to do so, you must pay the respective worker, by way of compensation for damages, a sum equivalent to half-unit building for each month in which takes place not the discount, which will be deposited in the account referred to in article 1 and will integrate the available Fund referred to in subsection first article 3 ° , or shall be paid to the price of the sale in the case referred to in article 7 ° of this law.
If the employer made withholdings and not enterare the funds in the account for two consecutive months or three months in total at any time, the institution that maintains the account or real estate, if any society, shall notify this fact to the tenant promitente purchaser and the real estate company that owns housing leased, to make future contributions directly to the respondent and order to your employer the suspension of withholdings.
Institutions must agree to the direct payment procedure, until promitente tenant buyer required again to your employer the corresponding discount.
Without prejudice to the provisions in the preceding subparagraphs, the institutions referred to in article 1 ° and real estate companies, as appropriate, must pursue employer payment of withholding that has not heard in account or real estate society, subject to the same legal rules of payment and collection to pension contributions, enjoying equal preference to these.
Exhausted the judicial management of collections referred to in the preceding paragraph, unless full payment has been obtained, the term of the lease of housing with promise of sale shall be expanded in a number of months, equal to the number of unpaid fees, up to a maximum of twelve months, and must pay these, within that period, by the promitente buyer , without any additional charge. "."
(11) Agreganse in the second paragraph of article 10, below the word "lessor", "promitente seller" expressions.
(12) added the following article 10 bis to title I: "(Artículo 10 bis.-Estas cuentas podrán acoger_se ael mecanismo establecido en la letra B) of article 57 bis of Decree Law No. 824, 1974, and for the purposes of the provisions of this rule the institutions referred to in article 1 of this law will be considered recipient institutions."
For the purposes indicated in the preceding paragraph, turn shall not be considered or removal application of existing funds in the account to pay the price of the promised sales or transfer of these funds in the event of assignment, by the tenant promitente buyer, lease with promise of sale, provided that in the latter case the tenant promitente buyer celebrate a new lease with promise of purchase-sale contract or purchase a home , devoting to this object the price obtained by the assignment of the contract, within a period of ninety days from the date of the transfer. "."
(13) replace article 11, with the following: "article 11.-for the purposes of this Act, are companies real estate all those having as object the purchase or construction of housing to them on lease with promise of sale."
These societies must be constituted as corporations, shall be governed by the rules applicable to corporations in what is not inconsistent with the provisions of this law, and shall be subject to the supervision of the Superintendency of securities and insurance, hereinafter "Superintendency", that will have, for these purposes, powers and faculties conferred its organic law".
(14) Replace subparagraph first of article 12, by the following: "(Artículo 12.-Autoríza_se a las sociedades a que se refiere la letra j) of article 98 of the Decree Law No. 3,500 of 1980, to constitute and form part of the real estate companies referred to in this title.".
(15) added the following paragraph to article 12: "the open housing cooperatives governed by the Decree Law N ° 1.320, 1976, having a heritage of not less than fifty thousand units of promotion may constitute and be part of the real estate companies referred to in this title.".
(16) replaced in subsection first article 13 the expression "to the norms of law General banks.", by announcing banks General Law "(a las normas aplicables a las sociedades filiales a que se refiere el artículo 83 número 11 bis letra b).".
(17) replaced, in the second paragraph of article 13, the expression "this Act" by the phrase "this title".
(18) add the following paragraph to article 13: "Notwithstanding the provisions of article 16, the subsidiaries referred to in this article may do reference in his name at the end"real estate companies".".
(19) add the following final article 13 paragraph: "the powers that this Act grants to the Superintendency of securities and insurance, with respect to the real estate companies covered by this title, shall be applied by the Superintendency of banks and financial institutions in the case of the companies mentioned in this article.".
(20) replace article 14 with the following: ' article 14.-authorized administrators agents of mutual mortgage to that referred to in article 21 bis of Decree Law Nº 251 of 1931, to constitute and be part of the companies referred to in this title. ".
(21) replaced article 15, by the following: ' article 15.-family allowances compensation cases may constitute and be part of the real estate companies referred to in this title. "
For the purposes indicated in the preceding paragraph, authorize compensation of family allocation boxes to make the respective capital contributions from the Social Fund referred to in articles 29, 30 and 31 of the law N ° 18.833. "."
(22) add the following paragraph to article 16: "Authorised to boxes of family allowances compensation, banks, financial companies and open housing cooperatives, to provide management services in relation to leases with promise of sale held under this Act.".
(23) replaced article 17, with the following: "article 17.-the real estate companies referred to in this title may issue bonds, in accordance with the rules of Title XVI of the law N ° 18,045, whose amounts and repayment times are consistent with deadlines and revenue streams contained in leases with promise of sale which have agreed and which form part of its assets."
These societies may dispose of housing rented with a promise of sale, provided that together yield the contract of lease with promise of sale, societies securitization of title XVIII of the Act N ° 18,045, which are authorized to buy them so they issued debt securities backed by these assets, according to the provisions of this title and of this law. The disposal must be made according to the provisions of article 30 of this law.
Not dwellings, given in lease with promise of sale in accordance with article 7 of this law, may be disposed of for the purposes specified in the preceding paragraph. "."
(24) replaced article 18, by the following: "article 18.-PFA of mutual mortgage referred to in article 14 and the real estate companies covered by this title, except those referred to in article 13, may constitute and form part of societies securitization of title XVIII of the Act N ° 18,045."
As regards cases of compensation of family allocation, open housing laid down in article 12 cooperatives and societies concerning the letter j) article 98 of Decree Law No. 3,500 of 1980, may constitute and take part, directly or indirectly, of such securitization companies provided that they have as exclusive object the issuance of the debt securities referred to in the second paragraph of the preceding article.
For the purposes indicated in the preceding paragraph, the boxes of family allowances compensation is authorized to make the respective capital contributions from the Social Fund referred to in articles 29, 30 and 31 of the law N ° 18.833.
The companies subsidiaries securitization of the entities referred to in the letter j) article 98 of Decree Law No. 3,500 of 1980, must conform to the borrowing limits set out in article 130 of the Decree, if these are lower than those laid down in title XVIII of the Act N ° 18,045. "."
(25) repealed article 19.
(26) replaced article 20 with the following: "article 20.-societies securitization that issued the debt securities referred to in the second paragraph of article 17 of this law, may dispose of the goods that make up the respective separate heritage, for the sole purpose of giving fulfillment to the promised contract of sale or where there is consent of the representative of the holders of the respective titles of debt."
For the effect of the provisions of the third paragraph of article 137 of law No. 18,045, it will not be necessary to certify the custody of the property comprising the assets of the separate heritage. "."
(27) replaced article 21, by the following: ' article 21.-in case of dissolution, for any reason, of the companies referred to in this title and that, at the date of such dissolution, they still mantuvieren dwellings leased with promise of sale, liquidation of the company shall be practiced by the SVS, with all the powers which the law gives to the liquidation of insurance companies. "
The liquidation can be delegated by the Superintendent in one or more officials of the Superintendence or others, provided that they do not affect them disabilities referred to in articles 35 and 36 of law N ° 18,046.
Expenses of the liquidation of the company will be in charge of it.
From the moment that society no longer have homes leased with promise of sale, liquidation will continue in his office, pursuant to the General rules.
In any case, the Superintendent may authorize society to practice its own liquidation.
In the event of dissolution or bankruptcy of a real estate partnership that maintain housing leases with promise of sale, the purchaser to any degree of these assets shall be required to comply with the respective contracts in the agreed form. The liquidators or trustees, as appropriate, in the disposal of such assets clamp to provisions of article 30 of this law, what is relevant. "."
(28) replaced article 22, by the following: ' article 22.-the assets of real estate companies, during its term, may not be less than 10,000 units of building, or fifty percent of this minimum be fond of encumbrances, prohibitions or embargo. "
In addition, such companies may not hold a debt exceeding that established the Superintendency, in relation to their levels of heritage and type of operations. However, the Superintendency may not establish a ratio of debt less than 8 nor more than 15 times the company's equity. Trying to be real estate subsidiaries of the entities referred to in the letter j) article 98 of Decree Law No. 3,500 of 1980, must comply with the limit of debt set out in article 130 of the decree law, if this is less.
If it does not comply with the obligations or prohibitions above, or one of them, society will have 120 days to regularize this situation. During the period in maintaining such failure, society may not hold new promise of sale lease contracts. The provisions of this subsection does not preclude administrative sanctions that the Superintendent may apply, according to its organic law.
If society, repeatedly, infringes the provisions of the first and second paragraph of this article, or not regularized their situation within the period fixed in the preceding paragraph, the SVS may prohibit you the conclusion of new contracts of lease with promise of sale, up to a period of two years, sanction that may be renewed keep failure to its respective due date. For the purposes of this article, means that there is repetition when they committed two or more of these offences, within a period of twelve months. "."
(29) replace article 23 by the following: ' article 23.-bonds referred to in subparagraph first of article 17 of this law, and the issuance of debt securities by societies securitization arranged in the second article subsection, shall be exempt from the tax established in no. 3 of article 1 of Decree Law No. 3.475 " , 1980, on tax stamps and stamps. "."
(30) repealed article 24.
(31) replace, in the second paragraph of article 25, the expressions "loaned for sale" and "rental agreement", by the expressions "sold" and "lease", respectively.
(32) replace the third subparagraph of article 25, with the following:
"For the account holder which postulates the housing subsidy, housing the contract of lease with promise of sale must be affordable housing under the decree with force of law N ° 2 of 1959, or social housing referred to article 3 of the Decree Law N ° 2.552, 1979, or homes built prior to the entry into force of the decree with force of law N ° 2" , 1959, which comply with the requirements of article 6.1.13. of the chapter 1 of the title 6 of the Ordinance General town planning and constructions, approved by Supreme Decree No. 47, of housing and urbanism, 1992. "."
(33) replaced in the fourth subparagraph of article 25 the expression "Supreme Decree" by "Decree with force of law" and suprimense sixth and seventh subparagraphs of this article.
(34) delete, in paragraph first of article 26, the phrase "and of bans and prohibitions alienate".
(35) delete, in the second paragraph of article 26, the phrase "with the exception of the charges established for guaranteeing the bonds that are issued in accordance with article 17, which may be imposed at any time.", replacing previously by a dot (.) the comma (,) that precedes him.
(36) replace, in the third subparagraph of article 26, the phrase "of the material delivery of housing to the promitente tenant buyer." by the expression "of the lease sale promise.".
(37) added, in the fourth paragraph of article 26, the expression "promitente buyer", after the word "lessee".
(38) added the following article 26 bis: "article 26 bis.-in the case referred to in article 7 °, lease with promise of sale must contain, as an integral part of it, a table of development, which establish, for each period of payment of the contribution, the part of this that is destined to the payment of the income from leasing and the part intended to pay part of the promised price" , and the outstanding price, resulting balance after the payment of the contribution in the respective period.
The rules shall lay down the conditions and the frequency with which the real estate company shall inform committing tenants buyers who have concluded contracts as referred to in the preceding paragraph, so that they know, during all the duration of the contract, the amount of rental income, partial fertilizers intended for the payment of the promised sale price the accumulated amount of these and the unpaid balance of the price.
In contracts with direct payment of the contribution to the real estate company, referred to in the preceding subparagraphs, should also include the option of the tenant promitente purchaser of prepay at any time, wholly or partly, the outstanding amount of the promised sale price. The rules shall lay down the terms of the prepayment, total or partial.
Option of the tenant promitente purchaser of prepay at any time, wholly or partly, the promised sale price should be included in the lease with the promise of buying and selling. The rules shall lay down the terms of the prepayment, totally or partially. "."
((39) replaced the lyrics to) of the first subparagraph of article 27, by the following: "to) when the balance of the account in the institution, or the total number of tickets at the price of the promised sale referred to in article 7, is equal to the selling price stated in the contract of lease with promise of sale.".
((40) replace, in) (b) of the first paragraph of article 27, the phrase "within a period not exceeding twelve months" by the expression "in the term that do not exceed that needed to complete the part of the price not aware, in as many installments of an amount equal to the stipulated in the contract".
((41) added, in) (c) of the first subparagraph and in the third paragraph of article 27, the expression "promitente buyer", then the word "tenant".
(42) replaced article 28, by the following: ' article 28.-will be promitente tenant buyer's charges, duties and taxes which directly payable in respect of the immovable object of the respective lease with promise of sale, the date of the same. ".
(43), replace both times appearing in subparagraph first of article 29, the word "Subscribed" by "Celebrated".
(44) replace, in the second paragraph of article 29 the word "tenant" by the expression "promitente buyer", and add the following sentence, replacing previously with a comma (,) the period (.) that ends: "or the total of fertilizers made the price of the sale in the case provided for in article 7. The regulation shall determine the way in which this notification, and the procedure whereby the building society must comply with this provision shall be made".
(45) replaced article 30, by the following: ' article 30.-real estate society only may alienate the leased dwelling with promise of purchase-sale, always ceda jointly lease with promise of sale, another company of the same type, to a real estate fund, to an investment fund of loans securitized regulated by law N ° 18.815 " , an issuer of title XVIII of the Act N ° 18,045 society, or to people that the Superintendency of securities and insurance has declared by a general standard that can acquire them. The purchaser to any degree of housing, as assignee of the lease with a promise of sale, shall have equal duties, rights and powers as the assignor and is obliged to comply with the lease agreement with promise of purchase-sale in the agreed form. The parties may agree that the administration of the lease with the promise of buying and selling the assignor keeps it.
Real estate funds, funds of securitized loans and investment societies securitization, for the purposes of the provisions of the second paragraph of article 17 of this law, shall be entitled to acquire the assets referred to in this article. The Superintendency of securities and insurance shall regulate, by means of circulars, the conditions that must be met in these sales and transfers.
The assignment of leases with a promise of sale, the seller lessor promitente, as also the release, by the tenant promitente buyer, of their rights arising from lease with promise of sale, shall be made by endorsement. This is then placed on the sidelines or on the back of the title, with an indication of the name of the assignor and the assignee, and the signatures of the parties be authorised by notary and annotate the respective transfer to the margin of the registration of the lease with promise of sale. "."
(46) replaced article 31, by the following: ' article 31.-breach by lessor promitente seller's obligations imposed with promise of sale lease, the tenant promitente buyer may request forced compliance with the agreement or resolution of the same, pay compensation, in accordance with article 1553 of the Civil Code " , enjoying the preference set at N ° 4 of the 2472 article of the same code, against society. "."
(47) replaced subsection of article 33, first with the following: "promitente tenant buyer may special conditions for repairs, improvements or extensions of the housing of the contract agreed with the lessor promitente seller. If you rental that such improvements or additions will be in charge of the real estate company, the specifications of works, the opportunity or opportunities wherever they should be and its impact on the modification of the monthly contribution and the purchase price direction is indicated in that same instrument. "."
(48) Agreganse, in the second paragraph of article 33, the words "promitente buyer" then the term "lessee" and delete the expression "may agree the modification of the terms of the respective contract.", replacing the comma (,) that precedes it previously with a period (.). "."
(49) replaced subsection first article 34 with the following: "If the extinction of the right of the lessor promitente seller Court of law not attributable to the tenant promitente buyer, leased housing should be replaced by a similar, by mutual agreement between the parties.".
(50) Agreganse, in the second paragraph of article 34 and the numbers 3- and 4-article 35, then the term "lessee" the words "promitente buyer".
(51) replace the N ° 5 of article 35, with the following: "5.-bankruptcy of the tenant buyer promitente, case in which the judge referred to in article 40 of this law shall set the date of refund of housing, which will be notified to the trustee for their compliance, and compensation for damages, to be paid the balance of the account" , or charged to fertilizers to the payment of the price of the promised sale referred to in article 7, with the preference established at N ° 4 of the 2472 article of the Civil Code. If the account balances or fertilizers aware in the building society in the case referred to in article 7, shall be insufficient to pay the indemnity referred, the remnant will have the character of valista credit. "."
(52) replaced subsection first article 36, by the following subsections, becoming the current second third: "If housing suffers damage during the term of the lease with promise of sale, coming from hidden defects will be repaired by landlord promitente seller. For these purposes, refers to hidden defects having the following characteristics: a) having a cause before the conclusion of the lease with promise of sale;
((b) that prevent its normal use, in whole or in part, so, knowing them, promitente tenant buyer would have not held the contract or any celebrated in other conditions, and c) have not said the landlord promitente seller and that tenant promitente buyer has been able to ignore them without negligence on his part or not you could easily meet them because of their profession or trade.
If damages come from other causes other than those set forth in the preceding paragraph, repair will be borne by the tenant promitente purchaser, without prejudice to compensation corresponding to pay to the insurer in accordance with article 42 of this law. "."
(53) added in the second paragraph of article 36, which happens to be third, the expression "promitente buyer" after the term "tenant".
(54) Agreganse paragraphs first, second and third article 37 the words "promitente buyer", then the word "tenant". Also replaced, by the designated third paragraph of this article, the expression "income from lease due" by the phrase "income from lease and other sums payable by the tenant promitente buyer,".
(55) add the following paragraph to article 37: "If the contract has been concluded according to the provisions of article 7, lease income and other sums due shall be paid from the funds referred to in the article cited above, in the form indicated the rules.".
(56) add the following paragraph to article 38: "the parties may agree in the contracts clauses criminal of prospective evaluation of damages actions for breach of the obligations set forth therein, which will become effective with charge to the account balance or fertilizers to price in the building society, if the breach is attributable to the promitente tenant buyer. If the breach is attributable to lessor promitente seller, tenant promitente buyer credit will enjoy preference set at N ° 4 of the 2472 article of the Civil Code. "."
(57) added in article 39, after the term "lessee" the expression "promitente buyer".
(58) replaced article 40, by the following: ' article 40.-will be judge competent to hear any dispute arising between the parties, including those related to compliance, the resolution, the early termination of the contract, compensation for damages, the fixing of the date in which housing, must be restored the mutual benefits and issues of interpretation of the contract " , a referee judge of law that, as regards procedure, shall have the powers of arbitrator referred to in article 223 of the organic code of courts. The arbitrator shall be appointed by the learned presiding judge, among those registered in the register referred to in the fourth subparagraph of this article.
Against the arbitral award appeal and cassation resources may be brought in the form, which will be known and failed by a referee judge of second instance, which will have the same character as the referee judge of first instance and for whose designation be observed the rules of subsection first of this article. The appeal will be granted only devolutive effect.
Against the judgment of the second instance arbitrator not proceed unless the Cassation recourse in the form ultra petita and incompetence, and the complaint to the Supreme Court.
The Ministry of housing and urban development will create and maintain a register of arbitrators judges, which will operate in each region through the respective Regional Ministerial Secretary of housing and urban development, which enabled the exercise of the profession, lawyers who meet the requirements for each category of arbitrators may register.
In the category of arbitrators in first instance, can register lawyers who have at least five years of professional practice.
In the category of arbitrators in second instance, lawyers who have at least can register fifteen years of practice of the profession. "."
(59) replace article 41 with the following: "article 41.-when the landlord promitente seller obtained the restitution of housing, the referee raised a record of their State of conservation, with the concurrence of an expert, that is professional from those set out in article 17 of the General town planning and constructions Act, appointed by the referee with summons of the parties." This expert will issue a report on the general State of conservation of the property, pointing and valuing upgrades, damage or deterioration that introduced this.
With this report and the observations that make the parties in the term to designate the arbitrator, this shall fix the amount of compensation that eventually due parts. If the liquidation arrojare a balance in favour of the tenant promitente buyer, such balance shall have preference set at N ° 4 of the 2472 article of the Civil Code. If you arrojare a balance in favour of the lessor promitente seller, this will be paid by the funds in the account, or charged to the fertilizers made the price of the purchase agreement promised in the case referred to in article 7 °.
If the funds in the account, or fertilizers to the price of the promised sale referred to in article 7, shall be insufficient to cover the amount of the sums due, seller promitente landlord may sue promitente tenant buyer payment of differences, before the same referee who knew of the trial or of the incident, in accordance with provisions in this article and the previous article. "."
(60) added the following article 41 bis: "article 41 bis.-in the case of leases with promise of sale with implementation of the housing subsidy, that the promised purchase price does not exceed 900 Unidades de Fomento, and always to the funds in the account or fertilizers made to pay the price of the promised sale referred to in article 7" , they attain at least to 25% of that price, the lessor promitente seller may request the referee he knows the question of termination of the contract by non-payment of the contributions referred to in article 37, which order the sale of the property in a public auction. This resolution shall notify the Serviu with a minimum anticipation of 10 days from the date of the auction.
From the proceeds of the auction, to which must be added funds promitente tenant buyer may be deposited in the savings account or paid to lessor promitente seller if he has operated in accordance with article 7 °, without deduction of any amount for other payments that correspond to charge to these funds, the referee ordered to pay to the lessor promitente seller promised sale price more lease income accrued and unpaid and the costs of the trial.
If left a credit balance, give compliance provisions of the third paragraph of article 49, and if they restaren resources, other obligations that proceed in accordance with this law. The remainder, if any, will yield for the benefit of the tenant promitente buyer. If a balance against, respective Serviu know the landlord promitente seller until 75% of the outstanding amount, up to a maximum of 200 UF by operation. The regulation will establish necessary procedures, conditions and modalities so that appropriate responsibility of Serviu in payment of the above-mentioned amounts which shall be carried out with the resources to be included annually in the budget. "."
(61) replaced article 42, by the following: ' article 42.-in leases with promise of sale they are held in accordance with the provisions of this law, set the obligation for the tenant promitente buyer to contract fire insurance and insurance of desgravamen and the obligation of landlord promitente seller offer alternatives of premiums to the promitente tenant buyer. " These insurance premiums will be borne by the tenant promitente purchaser. If the tenant promitente buyer not other insurance, the building society may hire them at expense of him.
In the event of assignment of the lease with a promise of sale, must take out new insurance of desgravamen by the transferee, to apply the provisions of the preceding paragraph.
Insurance of desgravamen in the case of tenants committing buyers over 65 years of age will not be compulsory. "."
(62) replaced article 43, by the following: ' article 43.-real estate society must offer to the promitente tenant buyer an alternative to insurance of unemployment or loss of the source of income of this, covering the risk of non-payment of the agreed contribution and may contract at the request of the tenant promitente buyer, at expense of this. ".
(63) replaced article 44, by the following: ' article 44.-contracts that hold the real estate partnership with the tenants committing buyers who do not have the quality of workers dependent, the formation of a guarantee fund may be stipulated to respond in the event of failure to timely pay the contribution. " If the formation of this Fund in installments is rental, these will not be considered for the calculation of the percentage to that referred to in the third subparagraph of article 4 and its amount must be broken down into the respective collection notice. Provisions of this subsection may apply also to dependent workers, at the express request of these.
The resources of this Fund shall be deposited in the account referred to in article 1, and will integrate the available Fund referred to in subsection first article 3 °. "."
((64) add the following article 44) bis: "article 44 bis.-If payments by concept of expenses, duties and taxes referred to in article 28, and insurance premiums of fire and desgravamen referred to in article 42, shall be made by landlord promitente seller and his collection to the tenant promitente buyer is made in periodic installments , these must be broken down into the corresponding billing notice. "."
(65) replaced article 45, by the following: "article 45.-the account holder to referred to in title I, which owns no other home and meets the requirements in the regulations, may apply for the housing subsidy that, for these purposes, will award the Ministry of housing and urban development, whose purpose will be to complement the contribution and voluntary savings accumulated by such holder to help pay the lease rent and the purchase price" the housing. However, you can not apply the subsidy to the situation referred to in the second paragraph of article 25.
This subsidy, expressed in units of promotion, will pay fractional in regular, equal and successive installments with a maximum of up to 240 installments, or in a different manner, which, in any case, will be established in the corresponding call to application. Service housing and respective urbanization must deposit the corresponding value in the beneficiary's account, or in the case provided for in article 7 ° real estate agency.
The value of the periodic fee is established in the respective call for application, so that the net present value (range) of the total number of periodic quotas does not exceed the minimum and maximum limits specified in the regulation.
The regulation may establish values differentiated subsidy, with respect to the lease with promise of sale and purchase of housing in urban renewal areas or located in different regions of the country or for homes of different price. You can also set values differentiated for apartments or houses.
The regulations shall determine the way to calculate the net present value (VAN) and the formula to calculate the rate of interest to be used for this purpose. Also, the rules shall lay down the form how the areas of urban renewal will be determined.
The regulation may also establish the temporary freezing of existing funds in the account for the purposes of the grant application.
If due to conclude the purchase agreement promised according to provisions of the letters to) and c) of article 27, and still there are arrears of payment of the subsidy, the respective service of housing and urban development will put term payment of these arrears to that date. "."
(66) replaced article 47 by the following: "article 47.-for those who apply for the allowance referred to in this title, the housing purchase price shall not exceed the maximum values that indicate the regulation."
In the event that the beneficiary of the subsidy agree with lessor seller promitente the execution of additions or improvements to the property during the term of five years counted from the celebration of the lease with promise of sale, the final value of the housing with these extensions or improvements may not exceed the maximum of the stretch of the home's value which matches the retrieved subsidy , in accordance with the regulation. If you exceed this maximum value, from that date the value of quotas from the grant whose payment has not been earned will be which corresponds to the value of home stretch with extensions or improvements performed. If such additions or improvements is exceeds the maximum value of the highest section of the home's value, term will be the payment of arrears of subsidy. "."
(67) delete in the second paragraph of article 49, the term "arbitration".
(68) replace the third subparagraph of article 49, with the following: "once rendered the judgment referred to in the preceding paragraph, the respective service of housing and urbanization will have preference over any creditor, except landlord promitente seller, by the obligations arising from the contract of lease with promise of sale, to recover from the funds in the account , or the real estate company in the case referred to in article 7, the subsidy paid dues duly updated. "."
(69) replace, in article 50, "their capitalizations and arrears" speech by the expression "or in real estate society, as provided in the second paragraph of article 45, and quotas pending.".
(70) replaced article 51, by the following: ' article 51.-for the purposes of the provisions of this title, the Ministry of housing and urban development will create a special register, for which shall comply with the functions and has the rights and obligations established in the regulation. "
The Ministry of housing and urban development will create and maintain a national public register of beneficiaries of all housing subsidies granted by the State and the municipalities.
The Ministry of housing and urban development may entrust to private entities, through public bidding, implementation, administration and operation of the records referred to in the preceding subparagraphs. "."
(71) replace in article 52, the expression "monthly, to the special register referred to in the preceding article", by the phrase "in the form and periodicity that point to the rules of procedure to the special register referred to in subsection first of the preceding article" e intercalanse then of the terms "tenant" and "rentals" expressions "committing buyers" and "committing sellers" respectively.
(72) add following new title VI below title V, becoming the current title VI Title VII: "Title VI.
FUNDS FOR HOUSING AND ADMINISTERING COMPANIES.
Article 54.-The Housing Fund, hereinafter 'the Fund', is a heritage with available funds of resources deposited in savings accounts for lease of dwellings with promise of sale, for its investment in the values referred to in this law, with his administration to a corporation, hereinafter "the administrator".
The contributions shall be expressed in shares of the Fund of equal value and features. The share unit value used to convert the contribution shall be that in force at the date on which resources are available for investment by the administrator and shall be determined on the basis of dividing the economic value or market of the investments of the Fund by the number of existing shares equal date.
The Fund fees is recovered daily and will be redeemable by the institution that hold accounts, according to what provided the regulations under this law.
Without limiting the foregoing, the institution is authorized to transfer funds, in the cases determined in the respective contract of administration, another administering society of equal rotation.
The Fund's assets and the shares into which it is divided shall be unattachable and shall not be liable to any precautionary measure.
Article 55.-The administration of the Fund shall be exercised by corporations whose sole object is such administration.
The managers shall be subject to the following special rules: to) they will form, will exist and be tested in compliance with the provisions of article 126 of the law N ° 18.046, articles 127, 128 and 129 of the Act remain applicable to them.
((b) shall include in its name the expression 'Manager of funds for housing', and c) to obtain approval of existence, must prove a capital paid in cash not less than the equivalent of six thousand units of promotion. At all times, these companies shall maintain a heritage at least equal to the number shown, each Fund to manage, or equivalent to the sum of one percent of the heritage average of each of these, corresponding to the semester calendar prior to the date of the determination, if the latter proves greater.
Boxes of family allowances compensation, banks and financial companies may constitute or be part of the administrators of funds for housing, according to the laws that govern them. For this purpose, boxes of family allowances compensation is authorized to carry out the respective capital contributions from the social fund referred to in articles 29, 30 and 31 of the law N ° 18.833.
Article 56.-Funds and the companies that manage them will be governed by the provisions of this Act, its regulations, and which are established in the respective management contracts which have agreed with the institutions that provide them their administration, and will be controlled by the Superintendency of securities and insurance, hereinafter "the Superintendent", in accordance with the powers granted by its organic law and this law.
Article 57.-The administration of the Fund shall be made by account and risk of holders of the accounts, in accordance with the provisions of this Act and with the provisions of the respective contract of management.
Article 58.-Administering society may not start a fund administration while the Superintendency does not enroll, in a public register provisions to this effect, the management contracts of the respective fund that it signed with the institutions that maintain accounts. The regulations under this law shall have the minimum terms that such contracts should contain. Article 59.-Las the Fund will be carried out by administering society on behalf of the former, which is the holder of the securities of investments. Without limiting the foregoing, the Fund administering society may Commission custody of these instruments to a securities depository company, regulated by law No. 18,876.
Operations relating to the heritage of administering society are counted separately from the background. Also, when you administer more than one Fund, the operations of each of them are counted separately.
Article 60.-The Commission of the administrator for the administration of the Fund shall be chargeable to the institution which keep accounts, under the conditions established in the contract of administration, who shall be exempt from the value added tax.
Article 61.-The investment of funds, without prejudice to the amounts that maintain bank current account, must be made in securities that can be acquired with resources from the pension funds Chileans, according to provisions of the Decree Law No. 3,500 of 1980, and mutual funds.
Article 62.-the investment of the funds are subject to the following provisions: to) investment in instruments or securities issued or guaranteed by a single entity, may not exceed five per cent of the assets of the Fund. Shall not be subject to this limit the securities issued by the General Treasury of the Republic or by the Central Bank of Chile, and others issued or guaranteed by the State of Chile; "."
(b) the investment of the Fund in instruments issued or guaranteed by entities belonging to the same corporate group may not represent more than 15 percent of the assets of the Fund;
(c) the investment in shares of joint-stock companies may not exceed forty per cent of the assets of the Fund. Investment in investment funds and mutual funds shares, jointly, shall not exceed fifteen per cent of the assets of the Fund;
(d) investment in securities of foreign issuers may not exceed thirty per cent of the assets of the Fund;
(e) the Fund may not possess more than ten percent of the shares subscribed and paid by a society or a same investment fund or mutual fund shares. All investments of the Fund in securities issued or guaranteed by a society may not exceed ten per cent of the total assets of the radio station.
In the event that a company manage more than one Fund, investments thereof, as a whole, may not exceed these limits;
((f) the Fund may not invest in instruments issued or guaranteed by the administrator or people related to her, or securities issued by a third-party administrator authorized by law, and g) the amount of financial risk coverage for operations carried out with Fund resources, calculated according to the active object of this operation and measured on a net basis , may not exceed the value of the investment held by the Fund in the instrument subject to coverage.
However, the sum of operations to cover the financial risk that keep current Fund, and having identical financial characteristics on deadline, currency and active object, may not exceed ten per cent of the total number of operations that is effective in formal secondary markets.
The limitations set out in this article will not apply during the first six months of operation of the Fund.
Article 63.-Transactions of shares, funds investment and other securities having stock transaction, according to which define the regulation of this law, as well as the operations of financial risk coverage, must be made on a stock exchange. Transactions or negotiations of other values must be made at prices similar to those usually prevailing in the market taking care not to exceed the maximum or minimum, depending on whether acquisitions or disposals, respectively.
Administering society, its shareholders, directors or managers, not may acquire, directly or through other natural or legal persons, property values of the funds or that manage or dispose of their own to these. In addition, the acquisition or alienation of securities for the account of the Fund to people related to the administrator may not be made through private negotiations.
The assets that comprise the assets of the Fund may not be subject to any taxes or prohibitions of any kind.
Article 64.-Regulation must set standards for valuation of investments, procedure and deadlines to correct excesses of investment and others that are necessary for the proper functioning of the funds and administering companies.
Article 65.-The Superintendent may revoke the authorisation of existence to administering society, in the event of a serious infringement of the legal rules which govern the administration of funds for housing or when the Administration has been taken as fraudulent or seriously guilty.
Dissolved administering society by revocation of the authorization of existence or for any other cause, the institution that maintains the accounts shall transfer administration of the or the funds to another administering society; While this does not happen, the liquidation of the administrator will be practiced by the Superintendency. Once transferred to the Fund, the settlement will be made by the company itself.
Declared the bankruptcy of an administering society and while not to trespass the funds administered by the failed, the Superintendent of securities and insurance, or the person designated by him, shall act as trustee, with all the powers which in effect gives them to the Trustees law N ° 18.175, bankruptcy. "."
(73) replaced the numbering of articles 54, 55 and 56 of title VI, which happens to be title VII, 66, 67 and 68, respectively.
(74) added to article 67 the following expression, replacing previously by a comma (,) the period (.) that the end of that article: "with the exception of the law N ° 18.101.".
(75) replace, in article 68, the expression "of titles I and II of this Act"by the phrase "of the titles I, II and VI of this Act".".