How to Open a Company in Chile as a Foreigner
Investor RUT, SpA or branch office, a legal representative domiciled in Chile, and every stage of the process, from SII registration to the bank account.
A foreigner can own 100% of a Chilean company without residency, without a visa, and without a local partner. What actually slows this process down in practice isn’t corporate law — it’s a document that has to “travel” before any company can be formed: the foreign investor’s RUT. In June 2026, Chile’s Internal Revenue Service (Servicio de Impuestos Internos, SII) updated the procedure for obtaining a RUT and filing the notice of commencement of activities, which changes part of what appears in content published before that date.
What Chilean law requires — and what it doesn’t
Chilean legislation does not condition company ownership on the shareholder’s nationality or residency. A foreigner can be the sole shareholder of a Chilean Sociedad por Acciones (SpA) while residing abroad, without ever having set foot in Chile.
What the law does require is:
- every partner, shareholder, or representative must have a RUT (Rol Único Tributario, Chile’s taxpayer ID number);
- an investor without domicile or residency in Chile must appoint a representative or agent domiciled or resident in the country, with sufficient power to act before the SII;
- to exercise legal representation of the company before the SII (as administrator, manager, or director), that person must be Chilean, or a foreign national holding permanent residency, or temporary residency that authorizes paid activity — a foreign national on a student visa, a work-contract-tied visa, or as a dependent cannot take on that role.
This means the shareholder and the legal representative are two different roles: someone can own 100% of the shares without being able to sign before the SII on a day-to-day basis — for that, someone domiciled in Chile needs to hold that role.
Step 1 — Obtain the foreign investor RUT
Before any corporate filing, an investor without domicile or residency in Chile needs to register for a RUT with the SII. Under Resolución Ex. SII N.° 77, dated June 26, 2026, the procedure generally follows these lines:
- Appoint a representative or agent domiciled or resident in Chile, through a power of attorney (letter of authorization or mandate).
- If the power of attorney is granted abroad, it must be translated into Spanish (when applicable) and legalized or apostilled — Chile has applied the Hague Apostille Convention since 2016, which exempts apostilled documents from Chilean consular legalization.
- The representative files the RUT registration request through the SII’s electronic tax folder (carpeta tributaria electrónica), attaching the investor’s passport (or national ID document) and the power of attorney.
- The SII generally responds within a few business days once the documentation is complete.
This is a RUT without a commencement-of-activities filing: it serves only to allow the foreign individual or company to hold title to something in Chile — shares, real estate, vehicles, or company interests.
Disclaimer: the procedure described reflects Resolución Ex. SII N.° 77/2026, which updated the instructions on RUT registration and the notice of commencement of activities in force as of this article’s publication date. The SII may issue new resolutions or supplementary circulars; always check the official website (sii.cl) before starting the process.
Step 2 — Choose between forming a new company or opening a branch (agency)
In practice, there are two paths to operating in Chile:
Forming a new Chilean company
The most common option for foreign investors is the Sociedad por Acciones (SpA), governed by Article 424 and following of the Commercial Code. It allows:
- a single shareholder (no local partner required);
- different share classes and flexible corporate governance rules;
- formation through the Companies Registry (Registro de Empresas y Sociedades, the simplified regime under Law N.° 20,659) or under the general regime, via public deed.
The simplified regime (“company in a day”) allows a company to be formed in roughly 24 hours when the person signing is Chilean and holds an advanced electronic signature. For a foreign partner holding only an investor RUT, the Companies Registry portal itself does not accept an electronic signature from someone signing as an attorney-in-fact, representative, or foreign national with an investor RUT — in those cases, the signature must be executed before a notary, which typically adds a few days to the process.
Opening a branch (agency) of a foreign company
If the intent is for the foreign company itself to operate in Chile — rather than forming a new Chilean legal entity — the route is a foreign company branch (agencia de sociedad extranjera), governed by Articles 447 through 450 of the Chilean Commercial Code. The process requires the agent or representative to record the following before a Chilean notary, translated into Spanish where necessary and duly legalized or apostilled:
- documents evidencing that the company was validly formed in its country of origin, plus a certificate of good standing;
- an authentic copy of the company’s current bylaws;
- a power of attorney granted by the company to the agent, with broad authority to act on its behalf in Chile.
On the same date as this notarial filing, through a public deed before the same notary, the agent declares on behalf of the entity: the name under which it will operate in Chile and its corporate purpose; that it acknowledges and submits to Chilean law; that the entity’s assets are subject to Chilean law to answer for obligations incurred in the country; a commitment to keep readily realizable assets in Chile for those obligations; the effective capital allocated to its operations in Chile; and the address of the parent agency abroad.
An extract of this filing and deed must be recorded in the Commercial Registry corresponding to the branch’s domicile and published once in the Official Gazette (Diario Oficial), within 60 days of the filing.
New company or branch: which to choose?
| Criterion | SpA (new company) | Branch (agency) |
|---|---|---|
| Legal personality | New Chilean legal entity | Extension of the foreign company |
| Sole shareholder | Allowed | Not applicable (no shareholders, there’s a parent company) |
| Formation | Companies Registry or public deed | Notarial filing + public deed + Official Gazette |
| Liability | Limited to the SpA’s capital | Parent company’s assets are subject to obligations in Chile |
| Typical use | Independent Chilean operation, with shareholders distinct from the parent | Direct extension of an operation that already exists abroad |
Step 3 — RUT registration for the legal entity and commencement of activities
Once formation is complete (whether SpA or branch), the company obtains its own RUT — for companies formed under the Law N.° 20,659 regime, the RUT is assigned automatically upon signing the form on the Companies Registry portal.
Next, if the company will actually carry out activity in Chile (and not merely hold interests or assets), it must file the Notice of Commencement of Activities (Aviso de Inicio de Actividades) with the SII, within two months of the effective start of operations. Among other requirements, this involves:
- proof of address in Chile (lease agreement, deed, or owner’s authorization);
- identification of the legal representative, who — if a foreign national — needs a residency visa that permits paid activity;
- a description of the economic activity and the corresponding activity codes.
Companies formed solely to hold investments (purchasing shares, interests, or real estate) without carrying out activity in Chile are not required to file the notice of commencement of activities.
Step 4 — Municipal business license and other obligations
Companies selling products or services in Chile need a business license (patente comercial), issued by the municipality where the company’s legal domicile is located, in addition to complying with ongoing accounting and tax obligations (income tax return, VAT where applicable, payroll taxes if there are employees).
Publication in the Official Gazette is free for companies with capital of up to 5,000 UF; above that threshold, there’s a publication cost proportional to the declared capital.
Most common mistakes
- Confusing a shareholder with a legal representative. Being a shareholder does not authorize someone to sign before the SII; that requires the appropriate immigration status.
- Assuming the process always takes 24 hours. That only applies when the person signing holds an advanced Chilean electronic signature — which is typically not the case for a foreign investor without residency.
- Letting the power of attorney expire. The SII requires documentation valid for no more than one year; older powers of attorney must be renewed.
- Failing to file the commencement of activities once the company actually starts operating. Missing the two-month deadline results in a fine.
Frequently asked questions
Can a foreign national without residency own 100% of a Chilean company?
Yes. The law doesn’t require a local partner or residency to hold company interests in Chile — it only requires a RUT and, where applicable, a representative domiciled in the country.
Is it possible to form the company without traveling to Chile?
Yes, through a representative holding a duly apostilled or legalized power of attorney. Signing before a Chilean notary, when required, can also be handled by the representative.
How long does the whole process take?
Obtaining the investor RUT usually takes a few business days once the documentation is complete. Forming the company itself ranges from one to two days (simplified regime) to close to two weeks (public deed regime), depending on the company type and whether a notary is required.
Are the investor RUT and a residency visa the same thing?
No. The RUT is a tax identification number; it does not grant residency, the right to work, or the right to remain in Chile.
Conclusion
Opening a company in Chile as a foreign national is, at its core, a matter of well-organized documentation: the investor’s RUT, a valid power of attorney, and the right choice between forming a new company and opening a branch of an existing one. The part that causes the most delays isn’t immigration bureaucracy — it’s a lack of planning around who will represent the company day-to-day before the SII. Before starting the process, it’s worth talking with someone who closely follows regulatory changes at the SII and the Companies Registry — Global & Co. supports this kind of structuring for international clients investing in Chile.
Disclaimer: this article reflects the legislation and administrative acts in force as of its publication date, including Resolución Ex. SII N.° 77/2026. Should new regulations be published afterward, this content may be updated.
This content is for informational purposes only and was prepared based on the legislation in force as of its publication date. It does not constitute legal, tax, or accounting advice. Each situation should be individually assessed by qualified professionals.