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Branch (agencia) of a foreign company in Chile: notary filing, deed, registration, capital assigned, representative and ongoing duties

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Last verified: 2026-10-26 · Status: Stable

A foreign company can operate in Chile through an agencia without creating a new legal person: its agent protocolizes the parent's legalized or apostilled incorporation documents, bylaws and power at a Chilean notary, signs a deed declaring the capital assigned to Chile and submitting the parent's assets to Chilean law, and then registers and publishes an extract within 60 days. The branch cannot use the free online registry, must repeat the formalities for every change, must publish its yearly balance sheet in a local newspaper and needs a RUT and a representative domiciled in Chile.

USD figures use the dólar observado of CLP 972.60 per US dollar for 1 October 2026, the latest value in the SII dólar observado table on 26 October 2026. The UF is CLP 41,221.08 for 26 October 2026 (SII UF table) and the UTM is CLP 72,151 and the UTA CLP 865,812 for October 2026 (SII UTM table). Conversions are for orientation only.

Key facts

Deadline to register and publish the branch extract	60 daysLey Nº 18.046, art. 123; Código de Comercio, art. 449, as of 2026-10-26 · in force
Months after year end to publish the branch balance sheet	4 monthsLey Nº 18.046, art. 124; Código de Comercio, art. 450, as of 2026-10-26 · in force
Minimum capital assigned to a branch	No minimum set by law; capital declared by deed textLey Nº 18.046, art. 122 Nº 5, as of 2026-10-26 · in force
Branch can use the online Registro de Empresas y Sociedades	No textLey Nº 20.659, art. 2, as of 2026-10-26 · in force
Apostille Convention in force for Chile	2016-08-30 dateLey Nº 20.711; HCCH status table, as of 2026-10-26 · in force
Maximum age of documents filed for a RUT	1 yearsSII Res. Ex. Nº 77 of 2025, as of 2026-10-26 · in force

The rule

1. For a foreign corporation to establish an agency in Chile, its agent must protocolize at a notary in the agency's Chilean domicile, in the original language and translated into Spanish where needed, these documents from the country of incorporation, duly legalized: proof that it is validly incorporated and a certificate of good standing; an authentic copy of its current bylaws; and a general power to the agent stating clearly that the agent acts in Chile under the direct responsibility of the company, with broad powers and the court powers of both paragraphs of art. 7 of the Código de Procedimiento Civil. The same rules apply to any other foreign for profit legal person under the Código de Comercio.Ley Nº 18.046 (foreign corporations); Código de Comercio as amended by Ley Nº 20.382 (other foreign for profit entities), Ley Nº 18.046 art. 121; Código de Comercio art. 447, 2009-10-20 official text · verified 2026-10-26

2. By public deed of the same date and before the same notary, the agent must declare on behalf of the company: the name it will use in Chile and its purposes; that it knows Chilean law and regulations governing its agencies, acts, contracts and obligations; that its assets are subject to Chilean law, especially to answer for obligations to be performed in Chile; that it will keep in Chile readily realizable assets to meet those obligations; the effective capital it will have in Chile and when and how it will enter the agency's funds; and the domicile of the main agency.
Cost to do it: The law sets no minimum assigned capital; the amount declared is the capital the branch commits to bring in.Ley Nº 18.046; Código de Comercio, Ley Nº 18.046 art. 122; Código de Comercio art. 448, 2009-10-20 official text · verified 2026-10-26

3. A notarized extract of the protocolization and deed, stating their dates and numbers, the company's name and the name it will use in Chile, its Chilean domicile, the agency's capital and the agent's name, must be registered in the Commercial Registry of the main agency's domicile and published once in the Diario Oficial, all within 60 days of the protocolization. The agent must repeat these formalities for any change in the documents or declarations (except the undertaking to keep assets in Chile), and must publish the agency's annual balance sheet in a newspaper of its domicile within four months of the year end. Agencies of foreign companies are not among the entities that may use the online Registro de Empresas y Sociedades.
Cost to do it: Diario Oficial publication of 1 UTM (CLP 72,151, about US$74) per extract under Ley Nº 20.494 art. 4, free only where the company's capital is below UF 5,000; plus notary protocolization, deed and Commercial Registry charges and a yearly newspaper publication.
Example: Documents protocolized on 5 January 2027 must have the extract registered and published by 6 March 2027. / A branch of a large foreign group typically pays the full 1 UTM (about US$74) publication fee each time its extract changes.Ley Nº 18.046; Código de Comercio; Ley Nº 20.659, Ley Nº 18.046 art. 123 and art. 124; Código de Comercio art. 449 and art. 450; Ley Nº 20.659 art. 2, 2009-10-20 official text · verified 2026-10-26

4. Public documents issued in a state party to the Hague Apostille Convention do not need consular legalization if they carry an apostille from that state's designated authority; apostilled public documents do not need protocolization to have the value of public instruments. The Convention entered into force for Chile on 30 August 2016.
Example: A certificate of good standing and power issued in Buenos Aires and apostilled in Argentina, a Convention party since 18 February 1988, is accepted without consular legalization, but still needs a Spanish translation if not in Spanish. / Apostille and translation costs depend on the issuing country and translator.Ley Nº 20.711, adding art. 345 bis to the Código de Procedimiento Civil and a paragraph to art. 420 Nº 5 of the Código Orgánico de Tribunales; HCCH status table, Ley Nº 20.711 art. 1 and art. 2, 2014-01-02 official text · verified 2026-10-26

5. Any foreign individual or entity without domicile or residence in Chile that opens an agency or branch must apply for a RUT and appoint an agent domiciled or resident in Chile with sufficient powers to act before the SII; that representative is deemed authorized to be served on the company's behalf until the SII is notified that the representation has ended. Documents filed must be no more than one year old, and foreign individuals acting as legal representatives must hold a residence permit allowing them to carry out activities in Chile. The SII must accept foreign documents according to the law of the place where they were executed, without demanding formalities the law does not require.SII Resolución Exenta Nº 77 of 2025, under Código Tributario art. 66 and art. 68, Resolution 1º, II letter d), IV, V and Annex I, 2025-06-26 official text · verified 2026-10-26

Matter	Branch (agencia)	SpA subsidiary	Source
Separate legal person	No; the foreign company itself	Yes	Ley Nº 18.046 art. 122; Código de Comercio art. 424
Liability	Parent's assets answer for Chilean obligations	Limited to contributions	Ley Nº 18.046 art. 122 Nº 3; Código de Comercio art. 429
Formation	Notary protocolization and deed, registry and publication	Online form, free, same day	Ley Nº 18.046 art. 121 to 123; Ley Nº 20.659
Changes	Repeat all formalities	Online amendment form	Ley Nº 18.046 art. 124; Ley Nº 20.659 art. 14
Annual publication	Balance sheet in a local newspaper	Not required by the SpA rules	Ley Nº 18.046 art. 124

Branch versus SpA subsidiary for a foreign company

Worked example

A German engineering company bidding for a Chilean mining contract opens an agencia. Its apostilled certificate of good standing, bylaws and power, with sworn Spanish translations, are protocolized in Santiago on 5 January 2027; the same day the agent signs the deed declaring capital of CLP 486,300,000 (about US$500,000) to be paid in within six months (Ley Nº 18.046 art. 121 and art. 122).
The extract is registered and published by 6 March 2027, paying 1 UTM (about US$74) for the Diario Oficial (art. 123; Ley Nº 20.494 art. 4). The branch obtains its RUT through an agent resident in Chile (SII Res. Ex. Nº 77 of 2025), and after each year end publishes its balance sheet in a Santiago newspaper within four months (art. 124).

Step by step

1. Obtain, apostille or legalize and translate the certificate of incorporation and good standing, bylaws and general power (art. 121; Ley Nº 20.711).
2. Protocolize them at a notary in the branch's domicile and sign the declaration deed the same day before the same notary (art. 122).
3. Register the extract in the Commercial Registry and publish it in the Diario Oficial within 60 days of the protocolization (art. 123).
4. Apply for the RUT and start of activities through a representative domiciled or resident in Chile (SII Res. Ex. Nº 77 of 2025).
5. Bring in the declared capital on the declared date and register the inflow under the FX rules (see the FX page).
6. Publish the annual balance sheet within four months of year end and repeat the formalities for any change (art. 124).

Common traps

The parent's assets are exposed to Chilean obligations (art. 122 Nº 3); a subsidiary SpA limits that exposure.
The declaration deed must be signed on the same date and before the same notary as the protocolization (art. 122).
Powers or certificates older than one year are rejected for the RUT (SII Res. Ex. Nº 77 of 2025).
A foreign individual named as legal representative needs a residence permit allowing activities in Chile (SII Res. Ex. Nº 77 of 2025, Annex I).
Forgetting the yearly newspaper balance sheet publication (art. 124).

Sources

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