Exceptional measures in proceedings before the National Economic Prosecutor’s Office

Given the emergency situation caused by the outbreak of coronavirus (Covid-19), the National Economic Prosecutor’s Office (“FNE”) resolved the following transitional measures:

1.- PoA before the FNE

It shall be allowed to act on behalf of a Legal Entity or Natural Person by means of a power of attorney signed by means of an electronic signature (in normal circumstances, a public deed or private instrument authorized by a notary is required to grant power of attorney before the FNE).

If the signer does not have electronic signature, an e-mail should be sent by the attorney informing the appointment and it acceptance together with i) the information of the person granting the power of attorney (e-mail, full name, profession and trade, address and identity card); and ii) a copy of the identity card of the person granting the power of attorney.

With respect to PoAs granted abroad, the FNE will accept representation without a duly legalized and apostilled PoA, on a temporary basis, if the relevant documents are, at least, signed by the principal.

Once the situation of exception has ceased, a duly authorized PoA must be accompanied and the previous actions ratified by the principal.

2.- Communications

The FNE will communicate its actions by means of electronically signed notices sent by email.

Only in exceptional cases (i.e. lack of knowledge of e-mail’s address), the communications shall be sent by certified letter.

In urgent situations, or in cases of simple proceeding communications, the FNE may dispense the use of certified letters and communicate directly by email.

Communications to the FNE should be made by email sent to oficinadepartes@fne.gob.cl and in case, to the FNE’s attorney in charge of the respective investigation.

Only in exceptional cases, it will be possible to respond physically at the FNE’s office, between 9:30 a.m. and 1:00 p.m.

3.- Depositions

Citations to depositions will be sent by e-mail.

Depositions shall take place remotely by videoconference using programs such as Zoom, Skype, or in its absence, by telephone, and should be recorded by a suitable mean.

After the deposition, the declarant shall send an email to the FNE indicating whether he ratifies his testimony and attaching a copy of his identity card.

4.- Notification and submissions related to merger proceedings.

Mergers shall be notified i) physically, at the FNE’s Office from 9:30 a.m. to 1:00 p.m.; or ii) by e-mail sent to oficinadepartes@fne.gob.cl.

With regard exemption`s requests in order to avoid the submission of unavailable information, the FNE will take special consideration of the current situation.

Communications and queries with the Pre-Notification team should be made by email to the following address prenotificaciones@fne.gob.cl.