In August 2021, 18,955 companies and companies were established in the Official Gazette and the Companies and Societies Registry (RES), a record figure that represents an increase of 14.6% compared to the same month of 2020. Authorities associate the phenomenon, in part, to the increase in layoffs after the start of covid-19.
According to official data from the universe of entrepreneurs in Chile, 51.6% correspond to formalized independents and 48.4% to informal ones; the latter being understood “as the absence of a company or natural person with the first category, where in addition to irregularities, disadvantages occur: there is no access to banking or state benefits, nor seriousness in the face of clients and eventual partners,” says the lawyer Boris Campos Silva.
The partner of the legal firm CZ Abogados with offices in the Business Center Puertas de Chicureo, adds that in cases where a company has been established, it is recurrent to find lack of patents or regularization of its facilities. “Why unnecessarily expose yourself to fines and closures? Today there are all the facilities to formalize a company. Getting advice will always be a recommendation for the success of a business ”, says the expert, indicating the way to create a company from the legal area.
1. Define a suitable type of partnership: “If you intend a family business that will be developed at home, you should probably use an Individual Limited Liability Company (EIRL), while, if you expect the incorporation of new partners and capital, a SpA or a Public Limited Company ”.
2. Prepare the writing. “With your advisor or legal advisor, draw up the articles of incorporation that will establish the conditions of the company: how it is managed, its purpose, the capital and the contribution of each partner. The registration can be carried out in the registry of the Conservator, in which case the partners will sign a constitution deed before a notary public and an extract of it will be published in the Official Gazette and registered in the Commercial Registry of the Real Estate Conservator. You can also make the constitution via the web through the Tu Empresa en un Día system ”.
3. Determine location: “In parallel, the partners must locate the place where the company will operate and consider that, depending on the business they will develop, there could be areas of the commune where it is not possible to carry out the activity. It is different to establish a service company, such as a media agency, to a company that uses chemicals or dangerous substances in its activities ”.
4. Start of activities: “Subscribed the public deed or registered the company in a company in one day and having clarity of the place where it will operate, the partners will be in a position to obtain Rut and start activities in the Internal Revenue Service.”
“These steps should take between 10 to 15 days, but could be longer if the partners require more advice or time to meditate on their participation or obligations. Finally, the exercise of commercial activity requires a commercial patent and, depending on the type of activity, it may additionally require health authorizations to obtain the patent. This last stage takes time, as it depends on various institutions, so it should be kept in mind “, adds the lawyer.
–
–
