LAW NO. 20,980 ALLOWS THE TRANSFORMATION OF PROFESSIONAL INSTITUTES AND TECHNICAL TRAINING CENTERS INTO LEGAL PERSONS WITHOUT PROFIT. Having present that the National Congress has given its approval to the draft law originating in Moción de the Honorable Senators Ricardo Lagos Weber, Carlos Montes Cisternas, Andres Zaldivar Larrain, Jaime Quintana Leal and Juan Pablo Letelier Morel, Bill: " Article 1.-Facultate to societies of any kind, organizers of Vocational institutes or officially recognised technical training centres, self-employed and In order to transform themselves into private non-profit corporations governed by Title XXXIII of the First Book of the Civil Code, through the reform of their instruments of incorporation, their personality remains unchanged. legal, no continuity solution. Both the corporate transformation, and the approval of its new constitution and corporate governance provisions, must be included in a single act and will be approved by the unanimity of the shareholders or shareholders. will become associates of the corporation that is constituted to the effect. Likewise, and alternatively, the companies referred to in the first paragraph may be absorbed by merger with or in a private corporation or foundation governed by Title XXXIII of the First Book of the Civil Code. Such a merger, even if it results from a meeting of all shares or capital rights in the hands of a single and a single partner, must be approved by the unanimity of the members or shareholders of the company which is dissolved, without prejudice to the acts which the corporation or foundation must be carried forward on or with which it will be merged. Article 2 °.-The corporation or the continuing foundation of the transformed or merged company in accordance with the preceding article, as the case may be, shall remain unchanged for all legal and regulatory purposes to which it is character as the legal entity of the Professional Institute or the respective Technical Training Centre, retaining its official recognition, autonomy and corresponding accreditation in accordance with the applicable law, the continuator being academic to the Ministry of Education. In all cases not provided for in this law, the rules on the transformation and merger of the corresponding companies, contained in laws No. 18,045 and No. 18,046, and their respective regulations, shall be applied in any way whatsoever. Article 3.-To those Technical Training Centres and Professional Institutes which do not choose to transform or merge in accordance with the provisions of the preceding articles and who, however, become the legal person governed by private law For non-profit according to the common law, they will be recognized, by the sole ministry of the law and without solution of continuity, their official recognition, autonomy and accreditation. Such legal person shall be the academic continuum to the Ministry of Education in accordance with the provisions of the first subparagraph of the previous Article. The new organizer may be constituted or constituted for these purposes in accordance with Title XXXIII of the First Book of the Civil Code or in accordance with the procedure laid down in Article 5 of this Law. Article 4.-Companies of any kind, organization of professional institutes or technical training centres which opt for any of the procedures laid down by this law must comply with the provisions of Article 25 of the Treaty. Law No 20.129. Article 5.-Companies of any kind, organizers of existing Professional Institutes or Technical Training Centers who opt for one of the procedures established by this law and which require the creation of a new corporation For such purposes, they may process such a constitution through the procedure laid down in Articles 57 and 58 of the decree with force of law No. 2, of the Ministry of Education, enacted in 2009 and published in 2010. The authorized copy of the instrument establishing the continuing corporation shall be incorporated in the register of the respective Professional Institute or Technical Training Center carried out by the Ministry of Education. Article 6.-The history of the procedures regulated in the previous articles must be recorded in the Ministry of Education. For these purposes, the rules and time limits applicable to the modifications of instruments of incorporation of Professional Institutes and Technical Training Centers will be applicable, as established by the aforementioned decree with the force of Law No. 2, of the Ministry of Education. In the cases corresponding to and without prejudice to the provisions of the preceding article, the Ministry of Education shall request the Civil Registry Service and the identification of the registration of the respective corporation or foundation, or the sub-registration corresponding to the case, in the National Registry of Legal Persons Without the End of Lucro, in accordance with Law No 20.500, on Associations and Citizen Participation in Public Management, and Decree No. 84 of the Ministry of Justice, of the year 2013, which Approves the Regulation of the National Registry of Legal Persons Without the End of Lucro. Transitional Article.-To comply with the objective of this law, companies of any kind, professional institutes or technical training centres officially recognized, autonomous and accredited, and their related according to the provisions of Articles 96 to 100 of Law No. 18,045 of the Market of Securities, which do not comply with the mechanisms of transformation or merger regulated in the permanent articles of this law, may make contributions or donations to the non-profit corporations or private law foundations which constitute the effect or which have constituted prior to the publication of this law, governed by Title XXXIII of the Book First of the Civil Code or governed by the decree with force of law No. 2, of the Ministry of Education, enacted in 2009 and published the year 2010, and that they become their respective academic continuators. Contributions or donations made by other persons or entities related to the organizing entities may also be covered by this article, even if they have not been in the constitution of the corporations or foundations of law. private non-profit, formed prior to the publication of this law. The contributions or donations indicated in the above points shall have the quality of expenditure necessary to produce the income for the purposes of the Law on Income Tax, contained in Article 1 of Decree Law No. 824, of the Ministry of Finance, 1974, as long as the organizing entities or their related organizations are subject to the rules of the following incites. However, it shall not be entitled to consider as a provisional payment the first-rate tax paid on profits that are absorbed by the tax loss incurred in the deduction as expenditure referred to in this paragraph. Contributions or donations may be made in the same act of incorporation of the corporation or non-profit private law foundation or after its constitution, but within the time limit set out in the final paragraph of this paragraph transitional article. The contribution or donation shall not be subject to the innuendo process, and shall be exempt from the tax on donations referred to in Law No 16.271 and the Value Added Tax set out in Decree Law No 825 of the Ministry of Finance of the year 1974. The contribution or donation made by the organizing entities or their related entities shall be recorded by public deed granted to the effect, which shall be considered sufficient title to make the modifications of registrations or registrations that are necessary to all kinds of agencies, such as the Internal Revenue Service or the Real Estate Conservative. The donation or contribution of the goods shall be made to their tax value and recorded at the same value in the accounting of the corporation or private non-profit foundation, which may not continue to depreciate the goods received as a contribution or donation. This tax value must be stated in the public deed granted to the effect, in respect of each good contributed or donated. Contributions or donations of goods contributed or donated to a value other than the tax may not be covered by the provisions of this article. The public deed on which the contribution or donation is made must be granted within two years from the date of publication of this law, without prejudice to the fact that the necessary registrations or registrations can be verified with after the expiry of that period. '; Having complied with the provisions of Article 93 (1) of the Political Constitution of the Republic, and because I have had the right to approve and sanction it, I therefore promulgate and take effect as the Law of the Republic. Santiago, 6 January 2017.-MICHELLE BACHELET, President of the Republic.-Adriana Delpiano Puelma, Minister of Education.-Rodrigo Valdés Pulido, Minister of Finance. What I transcribe to you for your knowledge.-Atacently, Valentina Karina Quiroga Canahuate, Assistant Secretary of Education. Constitutional Court Bill of law allowing the transformation of professional institutes and technical training centers into legal persons from those governed by Title XXXIII of Book I of the Civil Code, corresponding to the Newsletters Nos 10.261-04 and 10.302-04, recast The Registrar of the Constitutional Court, who subscribes, certifies that the Honorable Sena The Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea 2016, in the process Role No. 3.279-16-CPR. It resolves: 1 °. That, the articles 2 °; 3 °; 4 °; 5 °, first indent; 6 °, first indent; and, the transitional article, in its first paragraph, all of the draft law submitted, are in conformity with the Political Constitution. 2 °. That, in a preventive examination of constitutionality, this Constitutional Court does not issue the provisions contained in Articles 1 °; 5 °, second indent; 6 °, second indent; and, transitional, second to ninth, of the draft law, for not dealing with matters of constitutional organic law. Santiago, December 22, 2016.-Rodrigo Pica Flores, Secretary.