HOW THE CENTRAL AUTHORITY WORKS IN CHILE

This article will provide guidance on how the central authority works in Chile.  International judicial assistance is made easier by two treaties, the Inter-American Service Convention on Letters Rogatory and its Additional Protocol. For a treaty relationship to exist, both agreements must be in place.  The treaties offer a system for serving papers by a foreign central authority. Click Here for information on the Code of Civil Procedure in Chile!

The South American nation of Chile is a founding member of the Organization of American States (OAS).  All member governments are required to follow the rules laid forth in the convention. At this time, Chile has chosen not to ratify the Hague Service Convention. Chile has not joined the Hague Convention despite hints to the contrary in its response to the 2008 Hague Conference on Private International Law. As such, the service of process via the Hague Convention is not yet accessible in Chile. Click here for a video on International Process Service.

How is service of process done in Chile

Effective international process service requires process servers to be well-versed in and adhere strictly to the laws of the nation of service. Chile is not a signatory to the Hague Service Convention. Parties may complete foreign service in Chile by following the Inter-American Service Convention and Additional Protocol or using the customary Letters Rogatory. 

Many nations have signed the Inter-American Service Convention and Additional Protocol (IACAP) to facilitate the efficient serving of process across the Americas. Although Chile and a number of other South American nations have not ratified the Hague Service Convention, this Convention does establish a uniform rule for the delivery of legal documents. 

The Inter-American Convention mandates that all requests for service go via the respective national authorities. Additionally, the use of a Mandatory Convention Form, with the seal or signature of the judge from the country of origin, is required by the IASC for all petitions. Therefore, before papers may be delivered via the Central Authority of Chile, they must be signed by the judge from the sending nation.

The Inter-American Convention is typically limited to civil and commercial disputes in the nations that permit its use for process serving. However, Chile has declared that it would also employ IASC in administrative and criminal cases, expanding the scope of when it may serve papers. Consequently, using a private process service agency like Undisputed Legal is helpful, considering that we have experience serving papers across the globe. 

Undisputed Legal has been providing international process services for many years and has done so effectively in multiple countries, including Chile. Our experts will handle the process of serving the papers in compliance with the norms and laws. Click Here for Frequently Asked Questions About Process Servers!

Letters Rogatory in Chile

Service by agent, or Letters Rogatory, is a diplomatic request for assistance in carrying out service in compliance with the applicable laws of the serving nation. An experienced process server like those at Undisputed Legal is often needed for this. 

Any judgments acquired by informal means of service will not be enforceable in Chile, even if Chile allows them, since the Inter-American Service Convention does not expressly provide for service via mail. This is why it is not advisable to effectuate service by mail or other informal means.

While the Mandatory Convention Form is not specifically mandated to be translated by the IASC, all other papers, including summons and complaints, must be translated into the language of the nation of service. Therefore, before being served via the IASC in Chile, all papers must be translated into Spanish.

Every case is evaluated individually to see whether translation is necessary when service is carried out by Letters Rogatory. It may still be necessary to have the documents translated if the case is being heard in a United States court. According to the due process doctrine, the defendant must understand the papers served to them.

Though letters rogatory are not necessarily much slower than other modes of service, they may take over a year and are more prone to unforeseen delays, particularly when served by a novice process server. A private process service agency like Undisputed Legal can help ensure your papers are served safely. When you need papers served in Chile quickly and efficiently, our team of process servers is here to assist you.

Scope of the Inter-American Convention in Chile

 Although the IASC only applies to commercial and civil disputes, governments have the option to expand its scope to include criminal and administrative cases as well. Only Chile has publicly stated its intention to use the IASC in these situations. 

In addition to the original and two copies of the Form, three copies of the summons, complaint, or other papers that need to be served should be included with the request for service. The Form itself does not need translation into a foreign language; nevertheless, any papers to be served, including summonses and complaints, must be translated into the foreign language.

In contrast to the Hague Service Convention, the IASC  stipulates that the Form must include the Central Authority’s stamp and signature in addition to the judicial or other authority’s seal from the nation of origin. The contractor of the Department of Justice will. Central Authority’s signature/stamp executes the U.S.

Although the IASC states that processing requests will not cost anything, it also allows Central Authorities to charge parties for services needed to carry out the service in compliance with local laws. A USD 25.00 fee is levied by several foreign central authorities. The Argentine and Mexican governments have both publicly denied charging the tax. No other signatory nations to the Convention or Additional Protocol have spoken out.

The Central Authority in Chile

The Chilean foreign policy put forward by the President is overseen, planned, coordinated, executed, controlled, and informed by the Chilean Ministry of Foreign Affairs (Spanish: Ministerio de Relaciones Exteriores), an administrative agency at the cabinet level. 

The ratification document for this Convention provides “That its provisions cover the execution of letters rogatory in criminal, labor, and contentious-administrative cases, as well as in arbitrations and other matters within the jurisdiction of special courts.” Chile has specified the Ministry of Foreign Affairs as the Central Authority with the authority to accept and disseminate letters rogatory pertaining to the provisions outlined in the Convention.

The option to be served by mail is not explicitly mentioned in the Convention or the Additional Protocol. To find out whether alternate means of service, such as mail, are available, litigants should contact local counsel. They should also ask about the potential consequences of using alternative methods of service on subsequent attempts to execute a U.S. judgment locally.

The official Form USM-272 and Form 272A are used by a party to seek assistance under the IASC. An original and two copies of the Forms and three copies of the summons and complaint (or any other papers that need to be served) make up the request.

In contrast to the Hague Service Convention, the IASC mandates that the form (i.e., Form USM-272/272A) be stamped and signed by the Central Authority in addition to the court or other authority of the country of origin. The contractor of the Department of Justice will. Central Authority’s signature/stamp executes the U.S.

The language of the destination state must be translated into all papers served with the Form USM-272/272A. While it is not strictly necessary to translate the USM-272/272A into the language of the receiving state, it is often recommended to do so to facilitate service by the citizens of that state.

Notary services in Chile

Before beginning any procedure, applicants should consult a Chilean Notarial Office or lawyer to find out whether the document must be signed in the presence of the Consul or if a document notarized in the United States may be accepted. This will help to prevent any confusion or delays that may arise.

Please send us the completed form and the document in Word format so we can provide you with the specific dates, times, and charges (which vary depending on the document type and page count).  Once the consul has signed the document, they must get it officially recognized by the Chilean Ministry of Foreign Affairs. Anyone may openly and freely use this approach. It is necessary to print and submit the paper to their office. After signing, the party will attest to the signature and provide the party with the paperwork to get it apostilled. 

Notaries in Chile follow the Latin Notarial system, which requires a law degree. Their responsibilities can be public, private, or limited. In Chile, a notary public must be a citizen and have a Juris Doctor degree. Public service in this position is not possible due to disability.

In Chile, there are three options for getting a document notarized for use in the US. First, U.S. embassies and consulates in Chile may be able to notarize the document for you. Typically, the first session may be scheduled within two to four weeks. The second option is finding a notary public online who can attest to your identity and notarize documents pertaining to the United States. The third option is that parties may get most documents notarized and dispatched in minutes anywhere in Chile with an internet connection.  

Parties must make an appointment to get a document notarized at the US Embassy in Chile. This is because most embassies operate on a strict schedule and may not be able to accommodate walk-ins or last-minute questions. 

It is important to bring a valid photo ID (passport, driver’s license, national ID card, etc.) issued by the government. The document’s name must correspond with its ID since it is necessary to obtain the whole document, not just the notarized page. Parties may affix a shoulder tab sticker to each page that requires the notary’s signature and retain accurate records.

The notarizing official will ask the requester to either confirm or swear that the contents of the document are true, or they will take an acknowledgment that the signature was freely given, knowing its contents. Legal documents, articles of incorporation, partnership agreements, guardianship or administration letters, state business registration, and other formal documents are required of managers, owners, and trustees.

Witnesses will need to be provided if the document requires more than just a notary seal. Consular employees are not authorized to give testimony. An appointment with the Embassy or Consulate is required, and witnesses must possess a passport or other form of identification. They can’t be related or married to each other. Typically, this is required for last wills and testaments. The fee for each consular signature is USD50.

Power of attorney

A power of attorney allows a party to appoint another person to act legally on their behalf. It is important to consult an attorney or other qualified professional before bringing your power of attorney to the US Embassy for notarization since U.S. consular officials are unable to provide advice on the form or content of such documents.

For children under 16, if neither parent is available to sign the passport application, the US Embassy will not charge for the parental authorization (Form DS-3053). All papers must be submitted in English. Chilean law accepts several powers of attorney. It is important to be careful with a power of attorney: after getting the essential authorizations outside of Chile, a poorly drafted power of attorney may be rejected by any notary, government body, or private party in Chile. A well-drafted Power of Attorney is important since certifying it in Chile from abroad takes time and money.

Signing a power of attorney transfers some of your legal rights to another person.

A Chilean attorney will have to create your power of attorney. Parties can then choose the simplest two ways to get a document notarized outside Chile. They may sign it at any suitable Chilean consulate.  A local notary might also notarize the paper in a foreign country. The party’s country equivalent or the State Department will legalize that notary’s signature. Finally, the paperwork has to be sent to the local Chilean consulate for verification.

Each country, document, and intended usage may have different methods. Apostille certifications and Chilean legalization are different. The Hague Convention’s apostille permits member states to recognize other member countries’ documents. Chile joined the Convention for Abolishing the Requirement of Legalization of Foreign Public Documents in 2017. Other countries may need the normal document legalization process. 

Directly signing the Power of Attorney at the Chilean embassy is preferred since it reduces mistakes. The foreign legalization of local notary signatures has caused several complications. Due to foreign processes, missing stamps, offices, and signatures, Chilean power of attorney parties may be confused. Involving a private process service agency like Undisputed Legal can be helpful in preventing the same.

Paper legalization differs in countries not signatory to the Hague Convention. A legalization service may submit the document to state and federal bodies to verify the notary’s US notarization authorization. No matter the country, the notary’s signature and each official above them must testify to the notary’s authority chain to your foreign ministry or state department. As shown, various failures or overlook points exist. A document must be notarized abroad to be valid in Chile. The Chilean Consul’s signature must be confirmed at the Chilean Foreign Affairs Office in Santiago when it arrives in Chile. The document will be valid in Chile only then.

However, a private process service organization like Undisputed Legal is the way to go if parties want to serve the power of attorney documents overseas. We take the security of your documents very seriously and strive to provide you peace of mind. We understand that the service of process procedure can be stressful, and we aim to make it as hassle-free as we can. If you found this article helpful, kindly consider leaving us a review. Click the link to share your feedback, and we would greatly appreciate a five-star review.

OUR PROCESS

Documents can be faxed at (800) – 296-0115, emailed to ps@undisputedlegal.com, mailed to 590 Madison Avenue, 21 Floor, New York, New York 10022, or dropped off at any of our locations. We do require pre-payment and accept all major credit and debit cards. Once payment is processed, your sales receipt is immediately emailed for your records.

Drop-offs must call and make an appointment first to be added to building security to permit access to our office. Documents for service must be in a sealed envelope with payment in the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC.; Our receptionist receives all documents.

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OFFICE LOCATIONS

New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022
Brooklyn: (347) 983-5436 – 300 Cadman Plaza West, 12th Floor, Brooklyn, New York 11201
Queens: (646) 357-3005 – 118-35 Queens Blvd, Suite 400, Forest Hills, New York 11375
Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556
Westchester: (914) 414-0877 – 50 Main Street, 10th Floor, White Plains, New York 10606
Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830
New Jersey: (201) 630-0114 – 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 – 1101 Pennsylvania Avenue, Suite 300, Washington DC 20004

FOR ASSISTANCE SERVING LEGAL PAPERS IN CHILE

Pick up the phone and call Toll-Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your Chile process service needs; no job is too small or too large!

Contact us for more information about our process-serving agency. We are ready to provide service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.

“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives” – Foster, William A

Sources

1. According to US law, treaty relationships can only exist between nations that have ratified both accords and such treaties can only cover service of process.  The IASC is a system that allows a foreign central authority to serve papers instead of the old-fashioned letters rogatory method. The United States Department of Justice serves as the IASC’s Central Authority.  For the purpose of transmitting requests from the US, the US Department of Justice uses a private contractor who acts as the US Central Authority’s service agent.

2. The signature of the U.S. Clerk of Court is also required. “Signature and stamp of the judicial or other adjudicatory authority of the state of origin” is where the form requires the clerk of the court in the United States where the case is pending to put their seal and signature

3. Page 7 of the form will be executed as evidence of service by the foreign central authority.

4. Consequently, a $25.00 certified cheque or money order payable to the foreign central authority should be sent with the form and the papers to be served if service is desired in a country other than Mexico and Argentina. The cheque will be refunded if no fee is levied.

5. Santiago, at Plaza de la Constitución, Edificio José Miguel Carrera.

6. Article 16 of the Convention, the declaration is made during ratification.

7. Presently serving as the minister of international affairs (or Chancellor, as the position is more often called) is Alberto van Klaveren.

8. The original aim of the IASC was to create standard operating procedures (SOPs) for the servicing of process among its members. The signatories are Argentina, Brazil, Chile, Colombia, Ecuador, El Salvador, Guatemala, Mexico, Panama, Paraguay, Peru, Uruguay, and Venezuela.  The Hague Convention was ratified only by Mexico, Argentina, and Venezuela.

9. “Letters rogatory” are required to accompany the request under Article 3 of the Additional Protocol. The United States has decided that a formal letter rogatory is unnecessary since the USM-272/272A forms are sufficient to meet this requirement.

10. Where it states “Signature and stamp of the judicial or other adjudicatory authority of the state of origin,” the clerk of the court in the United States where the case is ongoing must put their seal and signature on the document

11. Digital Signature Visiting the US Embassy in Person for Remote Ink Notarization Remote web and ink notarizations are accepted by the US Embassy. Prices range from $50 for a single notary stamp plus travel to $180 

12. the final notarized PDF will be sent via email for RON sessions. They scan or snap a clear picture and submit it for examination because everyone signs the documents in RIN meetings. A notary public will attest to the authenticity of the actual document and provide you with a certified copy. 

13. In Chile, the U.S. embassy is unable to notarize the following documents:

  1. Document proving birth
  2. Marriage licence
  3. Demise certificate
  4. Decree for divorce
  5. Academic, professional, or any other kind of credentials
  6. Verify criminal record.
  7. Certainty (the “Medallion”) Promises.
  8. Consular Officer receives statements from an unknown source.

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