Types of Companies in Chile (2026): SpA, Ltda., S.A. & EIRL

Choosing the right legal structure is one of the first decisions when you start a business in Chile. This guide compares the main types of companies in Chile in 2026: the SpA, the Ltda., the S.A., the EIRL and the branch of a foreign company. Foreign individuals and foreign companies can own all of them.
SpA (Sociedad por Acciones)
- One or more shareholders, individuals or companies, of any nationality.
- No minimum capital. Capital is divided into shares, and shares can be transferred without amending the bylaws.
- Management is set freely in the bylaws: a sole administrator, several administrators or a board.
- Shareholders are liable only up to their contribution.
- The name ends in “SpA”. Governed by articles 424 to 446 of the Commercial Code (Law 20,190).
Because of this flexibility, the SpA is the structure most foreign-owned companies use. Read our full guide to the SpA.
Ltda. (Sociedad de Responsabilidad Limitada)
- Two to 50 partners (Law 3,918).
- No minimum capital. Partners are liable up to their contribution.
- Admitting a new partner or transferring a stake requires amending the bylaws with the consent of all partners.
- Cannot carry on banking business.
S.A. (Sociedad Anónima)
- At least two shareholders; capital divided into shares (Law 18,046).
- Managed by a board of directors: at least three members in a closed S.A.
- Open S.A.s (listed or widely held) are supervised by the Comisión para el Mercado Financiero (CMF).
- Used mainly by larger companies, regulated sectors and companies that plan to list.
EIRL (Empresa Individual de Responsabilidad Limitada)
- One owner, who must be an individual (Law 19,857). A company cannot own an EIRL.
- The owner’s liability is limited to the capital contributed.
- For founders abroad or corporate groups, an SpA with one shareholder is usually more practical.
Branch of a foreign company (agencia)
- Not a separate legal entity: the foreign parent is liable for the branch’s obligations.
- The parent’s documents are legalized or apostilled, translated, and recorded with a Chilean notary; an extract is registered in the Commercial Registry and published in the Diario Oficial.
- The branch needs an agent with broad powers who is domiciled in Chile.
Comparison table
| SpA | Ltda. | S.A. | EIRL | |
|---|---|---|---|---|
| Owners | 1 or more | 2 to 50 | 2 or more | 1 individual |
| Minimum capital | None | None | None (closed S.A.) | None |
| Liability | Up to contribution | Up to contribution | Up to contribution | Up to contribution |
| Transfer of ownership | Free, by share transfer | Bylaw amendment | Free, by share transfer | Bylaw amendment |
| Management | Set in bylaws | Partners or manager | Board (3+) | Owner or manager |
Rules that apply to every type
- The company is formed by public deed before a notary, or online through the Registro de Empresas y Sociedades. A deed-based company registers an extract in the Commercial Registry and publishes it in the Diario Oficial.
- Every company needs a RUT from the SII and must file its start of activities.
- Shareholders who live abroad get their own RUT through a representative domiciled in Chile.
- The company needs a legal representative who can act in Chile, and an address in Chile for the SII.
How a company is set up in Chile
- Choose the company type. Most foreign founders use the SpA.
- If you are abroad, sign a power of attorney, apostilled and translated into Spanish, so a person in Chile can act for you.
- Sign the incorporation deed before a notary, or form the company online in the Registro de Empresas y Sociedades.
- Register the extract in the Commercial Registry and publish it in the Diario Oficial (both are automatic on the online registry).
- Obtain the company’s RUT and file the start of activities (inicio de actividades) with the SII.
- Bring in the capital and open a corporate bank account.
- Set up electronic invoicing, monthly Form 29 filings and payroll.
Full guide: how to set up a company in Chile.
FAQ
Which type of company is best for a foreign founder in Chile?
Usually the SpA: it allows a single shareholder, has no minimum capital and makes it easy to add investors later.
Can a foreigner own 100% of a Chilean company?
Yes. Chile does not restrict foreign ownership in ordinary commercial activities.
Is there a minimum capital?
Not for the SpA, Ltda., closed S.A. or EIRL. Banks and regulated sectors may expect more.
Get help from Easyco
Easyco coordinates the company setup in Chile up to the issue of the RUT, and supports companies afterwards with tax, accounting and payroll. Contact us to discuss your project.
- Company setup up to the issue of the RUT
- Providing a registered office address
- Tax and accounting
- Payroll