up a company
are organizations with legal personality distinct from the partners and for-profit. Here are outside corporations and foundations.
Societies can be people or capital. Those people are in care for people who compose and capital because of the contributions, by both partners latter can be changed without approval of the other which occurs precisely in the stock. There are joint ventures as limited by shares. Of partnerships to create the contract, modify or terminate the agreement or consent required of all members. In contrast to limited companies is sufficient agreement the majorities on minorities.
In Chile, companies can have any object of profit while not contrary to law, morals and good customs. However, the law has required that certain special purpose companies can only take a certain way, in general corporations, and are usually under the control of authority in the case of banks, financial institutions, insurance companies, managers mutual funds or investment funds, pension fund managers, institutions, health insurance, stock exchanges and to a lesser extent, securities dealers and brokers are in this category. Moreover, in general, Chilean law does not require a minimum capital to form a company, except for some special corporations.
societies regulated by the Chilean Civil Code, civil partnership and civil society in limited partnerships are consensual contracts because the law does not solemnities. The other companies, that is, trading companies, joint stock and limited liability companies are solemn agreements. TYPES OF CHILEAN COMPANIES
Civil Society Collective Societies
Civil partners to respond their personal assets, the share of insolvent gravel to the other partners and agreements generally taken unanimously.
In Civil limited partnerships, the managing partners or managers respond to their personal assets and the limited partners for their contribution.
The dissolution of these companies, as its constitution, is consensual and therefore enough with the consent of the parties not to comply with any solemnity. Corporations
Commercial General Partnership. The Constitution is a solemn contract, is formed and a public trial, which extract is made in the Trade Register and published in the Official Journal. The essential terms are the full names of partners as he is a contract concluded in care of persons and registered office as this will determine the jurisdiction of the Real Estate, the Law Courts, and the nationality of the company to define applicable law. The partners live in solidarity with social obligations incurred under the corporate name, that is, you can chase any member to fulfill a social obligation.
Limited Liability Company. People are societies in which the partners live up to the amount of their contributions. The limited liability whether civil or commercial is always solemn deed to be entered into, which extract must be registered in the Commercial Register and published in the Official Journal. Social changes are all acts that must comply with the formalities of the constitution. In matters not covered by the law concerning limited liability companies are governed additionally by the partnership rules under the Code Civil and Commercial Code.
limited partnership. In such a society there are two classes of members: managers who are the only ones with the power of administration, and the limited partners are passive partners or capitalist. At the same time there are two types of limited partnerships: the Limited Partnership in which the limited partners are entitled as society en las sociedades colectivas, y la comandita por acciones en que se emiten acciones que representan los derechos de los socios al igual que en la anónimas. La comandita simple civil es consensual, mientras que la comandita simple comercial y la comandita por acciones son solemnes.
Sociedad Anónima. Es definida en la ley, como una persona jurídica formada por la reunión de un fondo común, suministrado por accionistas responsables sólo por sus respectivos aportes y administrada por un directorio integrado por miembros esencialmente revocables. La sociedad anónima tiene las mismas características que las otras sociedades: es una persona jurídica, sus socios accionistas aportan dinero o bienes estimados en dinero, persigue fines profit, the losses are supporting the fund established by the shareholders, but are distinguished from others because the rights of partners are represented by shares that consist of a title. The administration was performed by 2 corporate bodies the shareholders and the board, which appoints a manager. The rights of members are represented by shares of free transferability. These companies are always shopping, even when formed for civilian purposes. The corporation is solemn character, both in its creation, modification and dissolution, it is formed and a public trial, which extract is made in the Trade Register and published in the Official Journal.
Corporations may be open or closed. The first are those that can offer its shares publicly, for which they must register with the Registrar of Securities within 60 days of training, being subject to supervision by the Superintendencia de Valores y Seguros (SVS). In the case of banks, they are regulated by the Superintendency of Banks and Financial Institutions. Closely held corporations can not make a public offering of its shares, unless voluntarily submit to oversight by the SVS. In any case, listed corporations may become closed by agreement of the shareholders, no longer registered in the register of Securities and not subject to the Control of Securities and Insurance Superintendency. The law does not require a minimum capital for establishment, except in the special case of corporations as the case of banks or insurance companies.
unincorporated
Ø Communities. The communities are distinct entities since the companies, that usually comes from facts, not contracts, ie, not born of the will of the parties. They do not enjoy legal personality in this sense their representative acts by the community and not by the community, like debt, they are divided equally among the villagers. Instead, the company's initial the will of the parties, enjoys legal personality and therefore his representative or administrator is to society and not to the partners and debts are covered by assets. Ø
Associations Participation Account. It is not a company or give rise to a separate legal person, but it is with the law societies. Chilean Commercial Code defines a contract by which two or more merchants take an interest in one or many business operations, instantaneous or repeated, to be carried one in his name alone and under his personal credit by paying account and share with their associated gains or losses in agreed proportion. It is similar to a limited partnership that appears only to third manager who is the only one who agrees and in turn is related to its partners for accountability and participate as appropriate. Despite this definition, can not be made between traders and civilian operations. Third parties have action manager, which appears as the sole owner of the business. The Tax Code recognizes, for tax purposes, the relations that bind the manager with its partners, provided it is proved conclusively the existence and condition of the association. If this is not done, the tax applies to the manager as the only responsible for taxes, according to Article 28 ° Tax Code.
or companies: This is a form of a contract itself, but no effect between partners, the law is accepted in order to protect the interests of people who have contracted with the company or have done business with such entities. The members of a society made jointly and severally liable for the obligations contracted in her name, which means that each respond with all its assets by total liabilities of the company and third parties partners can not rely on any limitation of liability . The law is strict, because the objective is to protect third parties who contract with a company that has not been legally constituted, so that partners can not invalid claim for an exemption from obligations. Ø
Foreign Company Agents. They are treated in the Corporations Act, following the liberal spirit of it, does not require any approval for its establishment by a watchdog. When a corporation wants to establish an agency in Chile, to appoint an agent or representative and tax for all practical purposes, must be domiciled or resident in Chile, which will formalize in a Notary in which its registered office, giving background account the existence of the company abroad, ie Certificate of Good Standing of society certified copy of the existing Statutes and General power granted by the company the agent has to represent it in Chile. In that power must contain the personality of the agent usually is granted by the board of the foreign corporation and must express, accurately and clearly, that the agent will work in Chile under the direct responsibility of the company, which will broad authority to execute trades in your name and all regular and special powers warrant.
The agent must declare that society is obliged to maintain in Chile readily marketable assets to meet obligations to be fulfilled in the country. It should be an excerpt from the protocols of documents submitted by the agent and the deed of the establishment of the agency, extracts should be registered in the Commercial Register and published in the Official Journal. The amendments must comply with the formalities of setting up the agency. Documents from abroad must be duly legalized by the Consul of Chile or the relevant authority in the country of origin and be endorsed by the Ministry of Foreign Affairs of Chile.