Shareholder’s Attention-Register Shareholders & Participants
Shareholders may request the update of their information:
- In Person at DCV Registros offices
- By letter addressed to DCV Registros, signed by Shareholder
Shareholders will keep the following information current in the register of shareholders of the relevant corporation:
- Full name (names, surname, and maiden name)
- National identity card and taxpayer ID number (RUT)
- Complete domicile (street, number, district, city, country)
- Telephone number
- Fax number
- E-mail address
This basic data is essential in order to contact Shareholders and send them the relevant information on when required. It is highly recommended that the domicile be continuously updated, in order to ensure the receipt of all the relevant documents.
Signature RecordFor Shareholders to act as when required and protect their interests, it is critical to have their signature register up to date. To this end, shareholder may:
- Come in person to DCV Registros S.A. offices and complete the relevant form, or;
- Should the Shareholder be unable to meet this obligation, the Shareholder can have their signature registered before a Notary Public. The original of this registration document must be sent to DCV Registros S.A. offices.
Should a Shareholder decide to act through a third party, the Shareholder must submit a notary power of attorney clearly stating the powers conferred to the third party to act on their behalf. These powers of attorney have a limited effective period.(For more information,visit thetab"Powers").
The effectiveness of the Powers of Attorney will be subject to the following regulations:
Powers of Attorney which are not original documents will be accompanied by the original certification from the notary public stating that they were issued on the basis of the original documents.
- Power of Attorney recorded on public deeds will be effective for two (2) years, unless the deed establishes a shorter period.
- Following the expiration date, the power of attorney validity will be certified through original certification by the Legal File Clerk or the relevant Official Real Estate Registrar, as may be appropriate.
- Corporations may also certify the validity of the powers being part of their articles of association with an updated copy of the corporation registration - with marginal notes - in the Register of Commerce issued by the corresponding Registry. In case the company has been the subject of modifications during the period, it will include complete information thereto.
- Simple powers of attorney recorded on private deeds authorized by a Notary Public will be effective for six (6) months from the issuing date, upon which new Powers of Attorney will be issued.
Foreign Powers of Attorney
Foreign Powers of Attorney are subject to the following regulations:
- They will be issued at the Chilean Consul’s Office nearest the Shareholder’s domicile abroad.
- They must be officially recorded at the Ministry of Foreign Affairs in Chile.
- To be considered a public instrument with a two-year effective period, the Power of Attorney must be officially recorded at a Notary’s Office, there by being incorporated to the public register as evidence of the document for future use.
If the proceeding outlined under Nº 3 above is not completed, the Power of Attorney will be considered a simple instrument valid for just six months.
Any Power of Attorney other than original will be officially recorded with the original certification issued by the Notary Public stating that its issuance was based on the original of the document.
To withdraw stock certificates, Shareholders must: come in person to DCV Registros S.A. offices.
Should a Shareholder be unable to complete this proceeding personally, they may request the remittance of such certificates through a registered letter by mail. To this end, the Shareholder: must satisfy the Superintendencia of Securities and Insurance (SVS) regulations, which state that the Shareholder must request DCV Registros S.A. for a remittance of the Stock Certificate Remittance Application form.
Loss or Invalidity
In case of loss, theft, or other similar circumstance making a stock certificate invalid, the Shareholder will, in accordance with article 21 of Law 18,046, proceed as follows:
- The Shareholder will publicize in a local newspaper informing the public that the certificate in question is canceled.
- For the aforementioned publication, the following text is suggested:
"Certificate Nº … for … stocks of the … company, belonging to ..., is canceled"
- The Shareholder will send to individual stock exchanges a letter in duplicate informing them of the loss of the stock certificate(s), along with the relevant publication. This letter will be sent to the stock exchanges in duplicate in order for each of them to provide evidence of receipt of the letter in one of the copies by placing the corresponding stamp thereon.
- Finally, the Shareholder will send DCV Registros S.A. a letter, duly signed by the Shareholder or their legal agent, informing of the loss of the stock certificate(s), that they duly informed the stock exchanges, and that they completed the publication in accordance with the applicable regulations. The Shareholder will also attach the publication made in the newspaper and the copy of the letter informing the stock exchanges, duly received and stamped by the latter.
- The Shareholder will publicize in a local newspaper informing the public that the certificate in question is canceled.
Legal Background Data
Submission of Background Data
Documents other than originals mustl be submitted in photocopy authorized by a Notary Public.
Background for recording agents of natural persons.
To act through a third party:
- A Shareholder must submit to DCV Registros in advance the notary Power of Attorney whereby the Shareholder confers the powers necessary to be represented.
- The effectiveness of the Power of Attorney will be subject to the criteria defined by DCV Registros (Refer to the Shareholder Information – Powers of Attorney)
Background for recording agents for legal entities
The Shareholder will provide DCV Registros with the following:
- Photocopy of Taxpayer ID Number (RUT) of the company and its agents.
- Records of signatures, in original, of agents entitled to act on the equity market, legalized by a notary with the sentence"signed before me".
- Legal data as per the type of legal entity.
Copy of the registration of the corporate excerpt (normally the registration of the charter) in the Register of Commerce of the Official Real Estate Registration Office corresponding to its domicile, not older than six (6) months, with all marginal notes, including the one regarding the latest corporate modification, if any.
Copy of the company’s charter and the publication of its excerpt on the Official Gazette showing the publication date.
Copy of modification deed(s), if any, and copy of the registration of its excerpt with the Register of Commerce of the Official Real Estate Registration Office, and photocopy of the publication thereof in the Official Gazette showing the publication date.
- Current deeds of powers of attorney of the company’s agents, showing the granting of the powers to enforce, such as selling stocks, collecting and receiving dividends. (Refer to the Shareholder Information – Powers of Attorney).
For detailed information on the legal data to submit, see our Consultation site and request the “list of legal data" specific to the type of legal entity as required.
The transfer process considers the application of safety regulations to adequately protect investor's interests, verifying the identity of shareholders and ratifying certain operations. Transfers must be signed by buyer and seller before a notary public, or two witnesses of full age.
Should a transfer be signed before two witnesses, the trnsfer document must be accompanied by a duly legalized photocopy of the witnesses’ identity card. Should the transfer be signed before a Notary Public, the latter will use the following sentence: "Signed before me".
Background data required for transfers
Actual Possession certificate processed in Courts
- A copy of the registration of the actual possession act in the Property Register of the relevant Official Real Estate Registry issued on a recent date.
- In case of testamentary successions, a copy of the will.
- A copy of the deceased’s property inventory showing the stocks required by the succession.
- Resolution on the inheritance tax, whether approved for payment or exempted. Should stocks appear in an inventory expansion, this resolution must be post-dated, i.e., it must have been issued in consideration of the properties included in the expansion.
Actual Possession processed at the Registry Office
- Actual possession certificate issued by the Registry Office identifying, among others, the deceased’s heirs and property.
- Should the property inventory included in the certificate not show the number of stocks owned by deceased, but only their value, it must be accompanied by a certificate stating the average stock value in the six months prior to the date of death. In case the shareholder has been married under joint property ownership system at the time of their death, a marriage certificate of the deceased must also be submitted.
- Copy of the Internal Revenue Service resolution giving an opinion on the exemption statement made with the Registry Office or declaring such the tax as paid or exempted (Ruled by Circular Letter N° 19 dated April 8, 2004 from the Internal Revenue Service). In case the stocks appear in an inventory expansion, this resolution must be post-dated, i.e., it must have been issued in consideration of the property included in the expansion.
For heirs younger than 18, the following is established:
- For deceased’s children: birth certificate for every minor, or otherwise, legalized photocopy of the family book.
- For deceased’s children where only one of the parents is alive: birth certificate and corresponding death certificate.
- For individuals other than deceased’s children whose parents (both) are alive:
- Birth issued on a recent date (Article 244 of the Civil Code)
- Sworn statement from both parents before a Notary Public establishing whether they are separated or otherwise (Article 245 of the Civil Code)
Powers of attorney
The following documents will be submitted:
- A Power of Attorney signed by all heirs to a common agent, showing the powers to enforce, such as selling stocks, collect and/or receive dividends. This power may be issued by private deed authorized by a Notary Public or by public deed (Refer to the shareholder information – Powers of Attorney).
- In case the heirs include women and a Power of Attorney is issued for the stock sale or in case of property separation, the marital status must be certified for each, accompanied by a marriage certificate of a recent date, or a sworn statement of two witnesses before a Notary Public evidencing their condition of being single or widow as of the power date. In case of being married under joint property ownership system, the husband will also confer power before a Notary Public for the stock sale or submit a partition deed, as the case may be. For marriages dissolved for nullification or divorce, it will be certified that the heir has not remarried, through a sworn statement of two witnesses before a Notary Public.
- Taxpayer ID Number (RUT) of heirs and the individual(s) who are conferred powers.
If the stock certificates are not under custody in DCV Registros, heirs or beneficiaries must supply such certificate(s) for the stock transfer.
Documentation for Obtaining the Actual Possession.
To obtain the Actual Possession for a deceased Shareholder, heirs will require the following documents:
- DCV Registros S.A. certificate showing the number of stocks owned by the deceased Shareholder.
- Certificate issued by the Statistics Department of the Santiago Stock Exchange, which shows the weighted average of the value of the shares in the market during the last 6 months prior to the day of the death of the shareholder.
Documentation required once obtained the Actual Possession
Once the deceased Shareholder’s actual possession has been obtained, the following documentation will be submitted to DCV Registros S.A.:
- Copy of the Actual Possession act recorded in the Property Register of the relevant Official Rea Estate Registry.
- Copy of the will recorded in the aforementioned Register, adding, in case the deceased has held a wil, a copy thereof.
- Copy of the deceased’s asset inventory showing their stocks.
- Legal approval of the inheritance tax exemption or payment.
- Birth certificate of every minor child, or otherwise, a legalized photocopy of the family book, in case or heirs younger than 18.
- Power of Attorney signed by all heirs to a common agent, under which such agent may collect and perceive dividends through checks drawn to his name, should the succession involve more than one heir. The Power of Attorney may be granted by private deed authorized by a notary public, in which case, such Power of Attorney will have an effective period of six (6) months. The Power of Attorney may also be issued by public deed, in which case, it will have an effective period of two (2) years from the deed date (see Power of Attorney effective period).
- Taxpayer ID Number (RUT) of heirs and the individual granted the Power of Attorney. The documentation other than the original must be accompanied by the original certification issued by the notary public, stating that the certification was issued on the basis of the original documents.
Forms of Payment
Shareholders will expressly inform DCV Registros S.A. the form of dividend payment they want to use.
- Banking current account deposit: The Shareholder will inform the bank’s name and number of his/her current account.
- Banking savings account deposit: The Shareholder will inform the bank’s name and number of his/her savings account.
- Mail remittance of order check to Shareholder’s domicile: To select this payment mode, the Shareholder will have his7her domicile updated in the register of shareholders.
- Withdrawal of order check at DCV Registros S.A. offices or at the bank designated by this company.
The form of dividend payment selected by the Shareholder will be used by DCV Registros S.A. in all these events, unless modified by the Shareholder.
If the Shareholder has not defined any form of dividend payment, DCV Registros S.A. will have an order check for the Shareholder to pick up at the offices of this Company or at the bank designated by this Company. This form of payment will not apply in case the issuing company has not expressly considered it in its dividend policy.To inform or update the form of payment of dividends, Shareholders may use any of the options available for information updating.
Chilean Fire Department
The service considers the payment to the Chilean Fire Department of dividends not claimed by Shareholders within five years from the enforcement date.
The service includes the preparation of information on tax issues, issuance of stock certificates, and submission of such information to the Internal Revenue Service.
Liens / Prohibitions
The service includes the custody and updating of the Stock Lien and/or Prohibition Register, as per the current legal, regulatory, and management rules.