False and forged documents
The professionals that we dedicate ourselves to the mercantile conflict find ourselves in more occasions than desired with an irregular practice consisting in the presentation of certificates of minutes of general meetings that have never been celebrated nor signed, with the objective of fulfilling the requirement of article 366 of the Regulation of the Mercantile Registry when presenting the annual accounts.
There are quite a few cases in which it is the consultancies or management companies themselves that issue, as a usual modus operandi, the certification of the minutes of the general meeting, leaving the respective minutes of the meeting in oblivion.
Likewise, it must be taken into account that the relationships between the partners are not the same throughout the life of the company, being able to deteriorate the trust at a given moment, that trust that allowed certain licenses in the rules of action and operation of the company.
But the consequences go even further, since such conduct may constitute a crime. The problem is that a significant part of the companies that practice this type of conduct are not aware of it, and hence the importance of always being well advised to assess the risks of any commercial action.
Forgery of documents examples
Documentary forgery is a crime that is usually committed as a means to commit another one (what criminal lawyers call “medial concurrence of crimes”) but it can also be punished independently.
It is regulated in articles 390 and following of the Penal Code, which regulates the different ways of committing this criminal offense, which is much more complex than it may seem at first sight.
a) Alteration of a document in its essential elements or requirements. This modality is based on the existence of an authentic document in which a relevant element is altered. For example, the modification of a date in an invoice or contract, when the date is relevant for the generation of legal effects.
b) The simulation of a document in whole or in part, in such a way as to mislead as to its authenticity. This modality refers to the creation of documents in such a way that they appear to be authentic, such as the falsification of a deed of formation. We could also include here the simulation of the signature of other persons.
Public faith as a protected legal right
Letter from the Senate communicating that it has rejected the bill, initiated in motion that “Creates the Senatorial District of the Region of Arica and Parinacota”. (Bill No. 7260-06). (809/SEC/12)
First report of the Finance Committee on the bill, initiated in message, with urgency “sum”, which “Establishes direct election of Regional Councilors”. (bulletin No. 7923-06). In Table
First report of the Committee of Economy on the bill, initiated in message, with “extreme” urgency, which “Simplifies the regime of incorporation, modification and dissolution of commercial companies”. (bulletin No. 7328-03)
Oficio de la Comisión de Régimen Interno communicating the participation of Deputy Gabriel Ascencio Mancilla in the call of the Andean Parliament to the XLI Ordinary Period of Sessions of the Andean Parliament, which will take place between August 26 and 30, in the city of Quito, Ecuador. (249).
Congressman Chahín, requests that a new technical report be prepared by professionals other than those who participated in Technical Report 275, File NR-09-02-1981, of the General Directorate of Water, dated April 11, 2007, regarding the request for regularization of water use rights of neighbors in the Molulco sector, in the commune of Melipeuco; and to inform this Corporation of what has been done. (2221 to 6867).
Use of false document
A traveler’s check is one that can be exchanged for cash or accepted as a means of payment abroad. In this way, transactions are facilitated when the user does not have the currency accepted in the country he/she is visiting.
A backdated check is one whose date of issue is prior to the time it was actually issued. So, the document may be physically issued on April 15, but the day it appears on paper is, for example, April 10. This is the opposite of the post-dated check.
A check to order is one that can be endorsed to a third party who can cash it. For such transfer, the beneficiary must make a written declaration with his signature on the back of the document.
A postdated check is one whose date of issue is later than the day on which it was actually issued. The document may indicate, for example, that it was issued on May 6. However, the beneficiary received it in April. This is the opposite of a backdated check.
The conformed, endorsed or certified check is one that expressly indicates that there are sufficient funds to pay the beneficiary. This type of document is distinguished by a stamp that says “conforme” (or one of its synonyms).