{"id":7816,"date":"2017-11-14T14:04:15","date_gmt":"2017-11-14T17:04:15","guid":{"rendered":"https:\/\/vivirenchile.cl\/?page_id=7816"},"modified":"2017-11-19T16:30:17","modified_gmt":"2017-11-19T19:30:17","slug":"mergers-and-acquisitions","status":"publish","type":"page","link":"https:\/\/vivirenchile.cl\/en\/mergers-and-acquisitions\/","title":{"rendered":"Mergers and Acquisitions"},"content":{"rendered":"
The procedure of acquiring a company in Chile has less requirements than other jurisdictions. For example, there are no specific rules for Joint Ventures, there isn\u2019t \u201cstamp taxes\u201d or determined stock exchange filings in connection with the operation, or no previous disclosures required between private companies.<\/strong><\/p>\n The merger and acquisition operation summary will depend regarding the kind of corporation that will be merged or acquired. Private corporations (Limited Liability Company, Closely Held Corporation, and Simply-held Corporation) have a less regulated procedure. By the other side, Public\/Open corporations (Openly-held Corporations, companies ruled by the SVS or in regulated markets) have specific limitations and procedures. <\/strong><\/p>\n <\/a> Our legislation doesn\u2019t have special or impeding formalities regarding a merge or acquisition done by foreign investors. This applies regardless if the foreign company is acquiring the \u201ceconomic unit\u201d or only a percentage of shares\/participation.<\/p>\n In both cases, the acquisition will most likely be materialized in the subscription of shares, where there is no specific ruling regarding foreign entities. This agreement is mainly governed by the general civil and commercial laws, even thou specific norms for third-party effectiveness must be observed.<\/p>\n Also, it\u2019s important to define how the foreign company will act. There is at least three different options:<\/p>\n 1) The Foreign Company will acquire to its name. The mechanism to choose will depend on each particular operation, and will have different accountability and tax effects.<\/p>\n<\/div>
\n1) Acquisition of a Private Corporation in Chile.<\/strong><\/a>
\n 2) Mergers.<\/strong><\/a>
\n 3) Regulations regarding Cross-border or International Transactions.<\/strong><\/a><\/p>\n<\/div>1.\u00a0Acquisition of a Private Corporation in Chile<\/h1>\n<\/div>
\n2) The Foreign Company will incorporate a subsidiary in Chile, company that will acquire to its name.
\n3) The partners of the Foreign Company will acquire the Chilean Corporation to their name (foreign natural person).<\/p>\n