Legal source: Código de Comercio, Arts. 447-448
A branch (agencia) lets you operate in Chile without forming a new company. It requires proving the parent company’s legal existence with apostilled documents, appointing an agent with authority to represent it, declaring assigned capital, and recording the incorporating documents with the Commerce Registry of the branch’s domicile.
A foreign company can operate in Chile without forming a new legal entity, by establishing a branch (agencia) that acts as a legal extension of the parent company.
What documents are needed from the home country?
The process requires proving the parent company’s legal existence through apostilled or legalized corporate documents, along with the formal resolution of the competent corporate body approving the opening of a branch in Chile.
Who can act as the branch’s agent?
The law requires appointing an agent with sufficient authority to represent the foreign company in Chile, including the power to answer for obligations the branch incurs in the country.
How is assigned capital declared?
Unlike an SpA, a branch does not have its own share capital in the Chilean corporate sense, but it must declare an assigned capital for purposes of its operations and accounting records in Chile.
How is the branch registered?
The incorporating documents are notarized and recorded with the Commerce Registry corresponding to the branch’s domicile, and an extract is published — similarly, though not identically, to the incorporation process for a Chilean company.
Frequently Asked Questions
Not in the Chilean corporate sense, but it must declare assigned capital.
Anyone with sufficient power of attorney to represent the foreign company in Chile.
With the Commerce Registry corresponding to the branch's domicile.
How Izquierdo Deramond Consultores Can Help
At IDC we provide legal representation and company incorporation for foreign investors in Chile, coordinating every step from signing the bylaws to your company’s day-to-day operation. If you’re evaluating this process, let’s talk or reach us on WhatsApp.
Legal notice: This article is provided for general informational purposes only. It does not constitute legal, tax, accounting, or other professional advice, and should not be relied upon as a substitute for professional advice tailored to your specific situation. Cited rules may change; always verify the current version. To discuss your case, please contact Izquierdo Deramond Consultores.
