Carey
June 17, 2020 - Chile
Law No. 21,236 on Financial Portability is Published in the Diario Oficial
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On June 3, 2020, the President of the Republic enacted the law that governs the financial portability, which was published in the Diario Oficial today, June 9, 2020 (the “Law”), whose main provisions can be summarized as follows: I. Scope The Law sets an inalienable right to the financial portability for the “Clients”, i.e. all individuals or legal entities that are either considered consumers pursuant to the law 19,496, or micro or small enterprises, pursuant to the law 20,416, and that have any valid financial product or service with a “Provider”, term that comprehends to all entities that are supervised by the Financial Market Commission and others referred to in this Law.
II. Financial portability process
III. Financial Portability with subrogation The Law sets a special way of loan subrogation, which takes place by the sole operation of law and even against the initial Provider’s consent, when the new Provider refinances the loan the Client had with the initial Provider and the other legal requirements are fulfilled. By virtue of this subrogation, the new Provider becomes beneficiary of the existent collateral, which shall be deemed amended for securing the new loan. If the security documents were registered in a public registry, the subrogation must be recorded therein, only for purposes of publicity and enforceability against third parties. The Law shall come into force 90 days following to its publication in the Diario Oficial, and its rule shall be enacted within 45 days following to such publication date. |
Read full article at: https://www.carey.cl/en/law-no-21236-on-financial-portability-is-published-in-the-diario-oficial/