Doing Business 2019 Chile Economy Profile Chile Page 1 Doing Business 2019 Chile Economy Profile of Chile Doing Business 2019 Indicators (in order of appearance in the document) Starting a business Procedures, time, cost and paid-in minimum capital to start a limited liability company Dealing with construction permits Procedures, time and cost to complete all formalities to build a warehouse and the quality control and safety mechanisms in the construction permitting system Getting electricity Procedures, time and cost to get connected to the electrical grid, and the reliability of the electricity supply and the transparency of tariffs Registering property Procedures, time and cost to transfer a property and the quality of the land administration system Getting credit Movable collateral laws and credit information systems Protecting minority investors Minority shareholders’ rights in related-party transactions and in corporate governance Paying taxes Payments, time, total tax and contribution rate for a firm to comply with all tax regulations as well as post-filing processes Trading across borders Time and cost to export the product of comparative advantage and import auto parts Enforcing contracts Time and cost to resolve a commercial dispute and the quality of judicial processes Resolving insolvency Time, cost, outcome and recovery rate for a commercial insolvency and the strength of the legal framework for insolvency Labor market regulation Flexibility in employment regulation and aspects of job quality Page 2 Doing Business 2019 Chile About Doing Business The Doing Business project provides objective measures of business regulations and their enforcement across 190 economies and selected cities at the subnational and regional level. The Doing Business project, launched in 2002, looks at domestic small and medium-size companies and measures the regulations applying to them through their life cycle. Doing Business captures several important dimensions of the regulatory environment as it applies to local firms. It provides quantitative indicators on regulation for starting a business, dealing with construction permits, getting electricity, registering property, getting credit, protecting minority investors, paying taxes, trading across borders, enforcing contracts and resolving insolvency. Doing Business also measures features of labor market regulation. Although Doing Business does not present rankings of economies on the labor market regulation indicators or include the topic in the aggregate ease of doing business score or ranking on the ease of doing business, it does present the data for these indicators. By gathering and analyzing comprehensive quantitative data to compare business regulation environments across economies and over time, Doing Business encourages economies to compete towards more efficient regulation; offers measurable benchmarks for reform; and serves as a resource for academics, journalists, private sector researchers and others interested in the business climate of each economy. In addition, Doing Business offers detailed subnational reports, which exhaustively cover business regulation and reform in different cities and regions within a nation. These reports provide data on the ease of doing business, rank each location, and recommend reforms to improve performance in each of the indicator areas. Selected cities can compare their business regulations with other cities in the economy or region and with the 190 economies that Doing Business has ranked. The first Doing Business report, published in 2003, covered 5 indicator sets and 133 economies. This year’s report covers 11 indicator sets and 190 economies. Most indicator sets refer to a case scenario in the largest business city of each economy, except for 11 economies that have a population of more than 100 million as of 2013 (Bangladesh, Brazil, China, India, Indonesia, Japan, Mexico, Nigeria, Pakistan, the Russian Federation and the United States) where Doing Business also collected data for the second largest business city. The data for these 11 economies are a population-weighted average for the 2 largest business cities. The project has benefited from feedback from governments, academics, practitioners and reviewers. The initial goal remains: to provide an objective basis for understanding and improving the regulatory environment for business around the world. More about Doing Business (PDF, 5MB) Page 3 Doing Business 2019 Chile Ease of Doing Business in Region OECD high income DB 2019 Rank 190 1 Chile Income Category High income 56 DB 2019 Ease of doing business score Population 18,054,726 0 100 City Covered Santiago 71.81 DB 2019 Ease of Doing Business Score 0 100 77.80: Regional Average (OECD high income) 72.09: Mexico (Rank: 54) 71.81: Chile (Rank: 56) 68.83: Peru (Rank: 68) 60.01: Brazil (Rank: 109) 58.80: Argentina (Rank: 119) Note: The ease of doing business score captures the gap of each economy from the best regulatory performance observed on each of the indicators across all economies in the Doing Business sample since 2005. An economy’s ease of doing business score is reflected on a scale from 0 to 100, where 0 represents the lowest and 100 represents the best performance. The ease of doing business ranking ranges from 1 to 190. Rankings on Doing Business topics - Chile 1 28 33 36 49 51 55 61 64 72 71 76 85 82 Rank 109 136 163 190 Starting Dealing Getting Registering Getting Protecting Paying Trading Enforcing Resolving a with Electricity Property Credit Minority Taxes across Contracts Insolvency Business Construction Investors Borders Permits Ease of Doing Business Score on Doing Business topics - Chile 100 89.08 85.67 80.56 80 75.90 75.28 70.90 65.79 60.00 59.90 Score 60 55.00 40 20 0 Starting Dealing Getting Registering Getting Protecting Paying Trading Enforcing Resolving a with Electricity Property Credit Minority Taxes across Contracts Insolvency Business Construction Investors Borders Permits Page 4 Doing Business 2019 Chile Starting a Business This topic measures the number of procedures, time, cost and paid-in minimum capital requirement for a small- to medium-sized limited liability company to start up and formally operate in each economy’s largest business city. To make the data comparable across 190 economies, Doing Business uses a standardized business that is 100% domestically owned, has start-up capital equivalent to 10 times the income per capita, engages in general industrial or commercial activities and employs between 10 and 50 people one month after the commencement of operations, all of whom are domestic nationals. Starting a Business considers two types of local limited liability companies that are identical in all aspects, except that one company is owned by 5 married women and the other by 5 married men. The ranking of economies on the ease of starting a business is determined by sorting their scores for starting a business. These scores are the simple average of the scores for each of the component indicators. The most recent round of data collection for the project was completed in May 2018. See the methodology for more information. What the indicators measure Case study assumptions Procedures to legally start and formally operate To make the data comparable across economies, several assumptions about the a company (number) business and the procedures are used. It is assumed that any required information is readily available and that the entrepreneur will pay no bribes. • Preregistration (for example, name verification or reservation, notarization) The business: • Registration in the economy’s largest business - Is a limited liability company (or its legal equivalent). If there is more than one type city of limited liability company in the economy, the most common among domestic firms • Postregistration (for example, social security is chosen. Information on the most common form is obtained from incorporation registration, company seal) lawyers or the statistical office. - Operates in the economy’s largest business city. For 11 economies the data are • Obtaining approval from spouse to start a also collected for the second largest business city. business or to leave the home to register the - The entire office space is approximately 929 square meters (10,000 square feet). company - Is 100% domestically owned and has five owners, none of whom is a legal entity; • Obtaining any gender specific document for has a start-up capital of 10 times income per capita and has a turnover of at least company registration and operation or national 100 times income per capita. identification card - Performs general industrial or commercial activities, such as the production or sale of goods or services to the public. The business does not perform foreign trade Time required to complete each procedure activities and does not handle products subject to a special tax regime, for example, (calendar days) liquor or tobacco. It does not use heavily polluting production processes. • Does not include time spent gathering - Leases the commercial plant or offices and is not a proprietor of real estate and the information amount of the annual lease for the office space is equivalent to the income per capita. • Each procedure starts on a separate day (2 - Does not qualify for investment incentives or any special benefits. procedures cannot start on the same day) - Has at least 10 and up to 50 employees one month after the commencement of • Procedures fully completed online are recorded operations, all of whom are domestic nationals. as ½ day - Has a company deed that is 10 pages long. • Procedure is considered completed once final The owners: document is received - Have reached the legal age of majority. If there is no legal age of majority, they are • No prior contact with officials assumed to be 30 years old. Cost required to complete each procedure (% of - Are sane, competent, in good health and have no criminal record. income per capita) - Are married and the marriage is monogamous and registered with the authorities. - Where the answer differs according to the legal system applicable to the woman or • Official costs only, no bribes man in question (as may be the case in economies where there is legal plurality), the • No professional fees unless services required by answer used will be the one that applies to the majority of the population. law or commonly used in practice Paid-in minimum capital (% of income per capita) • Funds deposited in a bank or with third party before registration or up to 3 months after incorporation Page 5 Doing Business 2019 Chile Starting a Business - Chile Standardized Company Legal form Sociedad Anónima (SA) – closed corporation Paid-in minimum capital requirement CLP 0 City Covered Santiago Indicator Chile OECD high Best Regulatory income Performance Procedure – Men (number) 7 4.9 1 (New Zealand) Time – Men (days) 6 9.3 0.5 (New Zealand) Cost – Men (% of income per capita) 5.7 3.1 0.0 (Slovenia) Procedure – Women (number) 7 4.9 1 (New Zealand) Time – Women (days) 6 9.3 0.5 (New Zealand) Cost – Women (% of income per capita) 5.7 3.1 0.0 (Slovenia) Paid-in min. capital (% of income per capita) 0.0 8.6 0.0 (117 Economies) Figure – Starting a Business in Chile and comparator economies – Ranking and Score DB 2019 Starting a Business Score 0 100 91.19: Regional Average (OECD high income) 89.08: Chile (Rank: 72) 85.94: Mexico (Rank: 94) 82.44: Peru (Rank: 125) 81.99: Argentina (Rank: 128) 80.23: Brazil (Rank: 140) Note: The ranking of economies on the ease of starting a business is determined by sorting their scores for starting a business. These scores are the simple average of the scores for each of the component indicators. Page 6 Doing Business 2019 Chile Figure – Starting a Business in Chile – Procedure, Time and Cost Time (days) Cost (% of income per capita) 6 3 Cost (% of income per capita) 5 2.5 4 2 Time (days) 3 1.5 2 1 1 0.5 0 0 1 2 *3 4 5 *6 *7 Procedures (number) * This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure. Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology). For details on the procedures reflected here, see the summary below. Page 7 Doing Business 2019 Chile Details – Starting a Business in Chile – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Notarize articles of association and record them in a public deed 1 day 0.1% of the capital + Agency : CLP2500 The notary will draft the articles of association for a sociedad anonima. It will be signed by the owners of the company in front of the notary. 2 Publish the public deed in the Official Gazette 2 days No charge (for Agency : Official Gazette companies with a The publication can be done online capital of less than (http://www.diariooficial.interior.gob.cl/tramites/sociedades/publicar/). It is 5.000 UF) published on the website of the official gazette the following day. It costs 1 UTM and is free for companies with a capital of less than 5.000 UF. 3 Register the extract of the public deed with the Commercial registry 1 day, simultaneous 0.2% of the capital + Agency : Commercial registry with previous CLP5500 The notary has to register the extract of the public deed at the Business Registry procedure of the Conservador de Bienes Raíces and pay the incorporation fees. It can be done in person or online at https://www.conservador.cl/portal/ 4 Give notice of initiation of activities to the Internal Revenue Service online Less than one day no charge Agency : Internal Revenue Service (online procedure) Registration is a sole procedure to be complied with for all tax purposes in order to obtain a Chilean Tax ID (RUT number). Specially regarding those persons (individual or legal entities) that are going to develop activities in Chile, taxpayers must obtain a RUT number and perform "initiation of activities" ("Inicio de Actividades") before the Chilean IRS, which is a sworn statement submitted to inform that the taxpayer will start to develop economical activities in Chile. Both procedures can be carried out through the Chilean IRS website (www.sii.cl). 5 Obtain a digital certificate to enable the issuance of tax documents before Less than one day Between CLP 12,000 the Internal Revenue Service (online procedure) and CLP 17,000 Agency : Company approved by the Internal Revenue Service The digital certificate of an electronic signature certifies the relationship between the signatory or the owner of the certificate. Law No. 20.727 which Modifies Tax Law Regarding the Electronic Invoice and Establishes other Measures, (2014), replaced the use of paper documents for electronic documents. As of 2018, the documents that must be issued or completed online by a company include: invoices, purchase invoices, liquidations of invoices, credit and debit notes, accountant registries. The digital certificate allows companies to pay taxes online with the Internal Revenue Service (http://www.sii.cl). Companies must request the issuance of a certificate from one of the suppliers approved by the Internal Revenue Service which are: • Acepta (www.acepta.com) • E-CertChile Cámara de Comercio de Santiago (www.e-certchile.cl) • E-Sign (www.e-sign.cl) • Certinet (www.certinet.cl • Paperless (www.paperlessla.com) 6 Obtain a Business License (Patente Comercial) from the Municipality 1 day, simultaneous between 0.25% and Agency : Municipality with previous 0.5% of the A Business License (Patente Comercial) must be obtained upon business start- procedure company's start-up up and then renewed on a yearly basis. The request to obtain the patente is capital presented through a form, along with the Tax ID (RUT) and the company's articles of association. The fee to obtain the patente varies per Municipality, between 0.25% and 0.5% of the company's start-up capital, as per Decree 2,385 of 1996. Decree Law 3063/1979 rules that any profession, activity, industry, commerce, art, or any other profitable activity, independent of its denomination, must obtain a Business License from the Municipality. A separate license must be obtained from the corresponding municipality for each of the enterprise’s establishments, offices, warehouses, and so forth. Page 8 Doing Business 2019 Chile 7 Register with the labor-related accident insurance (Seguro Social contra 1 day, simultaneous no charge Riesgos de Accidentes del Trabajo y Enfermedades Profesionales) with previous Agency : Labor Insurance (Mutuales de Seguridad) procedure According to Law 16.744 (article 15), it is mandatory for the employer to pay an insurance which covers work related accidents and professional illnesses. Entrepreneurs have the option to pay the insurance to the public Institute of Occupational Safety (Instituto de Seguridad Laboral (ISL), former Instituto de Normalización Previsional) or to private nonprofit entities known as Mutuales. In Chile, there are three private Mutuales: • Asociación Chilena de Seguridad. • Mutual de Seguridad de la Cámara Chilena de Construcción. de la construcción. • Instituto de Seguridad del Trabajo. Takes place simultaneously with previous procedure. Page 9 Doing Business 2019 Chile Dealing with Construction Permits This topic tracks the procedures, time and cost to build a warehouse—including obtaining necessary the licenses and permits, submitting all required notifications, requesting and receiving all necessary inspections and obtaining utility connections. In addition, the Dealing with Construction Permits indicator measures the building quality control index, evaluating the quality of building regulations, the strength of quality control and safety mechanisms, liability and insurance regimes, and professional certification requirements. The most recent round of data collection was completed in May 2018. See the methodology for more information What the indicators measure Case study assumptions Procedures to legally build a warehouse To make the data comparable across economies, several assumptions about the (number) construction company, the warehouse project and the utility connections are used. • Submitting all relevant documents and obtaining The construction company (BuildCo): all necessary clearances, licenses, permits and certificates - Is a limited liability company (or its legal equivalent) and operates in the economy’s largest business city. For 11 economies the data are also collected for the second • Submitting all required notifications and receiving largest business city. all necessary inspections - Is 100% domestically and privately owned; has five owners, none of whom is a • Obtaining utility connections for water and legal entity. Has a licensed architect and a licensed engineer, both registered with sewerage the local association of architects or engineers. BuildCo is not assumed to have any other employees who are technical or licensed experts, such as geological or • Registering and selling the warehouse after its topographical experts. completion - Owns the land on which the warehouse will be built and will sell the warehouse Time required to complete each procedure upon its completion. (calendar days) The warehouse: • Does not include time spent gathering - Will be used for general storage activities, such as storage of books or stationery. information - Will have two stories, both above ground, with a total constructed area of • Each procedure starts on a separate day— approximately 1,300.6 square meters (14,000 square feet). Each floor will be 3 though procedures that can be fully completed meters (9 feet, 10 inches) high and will be located on a land plot of approximately online are an exception to this rule 929 square meters (10,000 square feet) that is 100% owned by BuildCo, and the • Procedure is considered completed once final warehouse is valued at 50 times income per capita. document is received - Will have complete architectural and technical plans prepared by a licensed architect. If preparation of the plans requires such steps as obtaining further • No prior contact with officials documentation or getting prior approvals from external agencies, these are counted as procedures. Cost required to complete each procedure (% of - Will take 30 weeks to construct (excluding all delays due to administrative and income per capita) regulatory requirements). • Official costs only, no bribes The water and sewerage connections: Building quality control index (0-15) - Will be 150 meters (492 feet) from the existing water source and sewer tap. If there • Quality of building regulations (0-2) is no water delivery infrastructure in the economy, a borehole will be dug. If there is no sewerage infrastructure, a septic tank in the smallest size available will be • Quality control before construction (0-1) installed or built. • Quality control during construction (0-3) - Will have an average water use of 662 liters (175 gallons) a day and an average • Quality control after construction (0-3) wastewater flow of 568 liters (150 gallons) a day. Will have a peak water use of 1,325 liters (350 gallons) a day and a peak wastewater flow of 1,136 liters (300 • Liability and insurance regimes (0-2) gallons) a day. • Professional certifications (0-4) - Will have a constant level of water demand and wastewater flow throughout the year; will be 1 inch in diameter for the water connection and 4 inches in diameter for the sewerage connection. Page 10 Doing Business 2019 Chile Dealing with Construction Permits - Chile Standardized Warehouse Estimated value of warehouse CLP 478,409,859 City Covered Santiago Indicator Chile OECD high Best Regulatory income Performance Procedures (number) 12 12.7 None in 2017/18 Time (days) 195 153.1 None in 2017/18 Cost (% of warehouse value) 1.3 1.5 None in 2017/18 Building quality control index (0-15) 13.0 11.5 15.0 (3 Economies) Figure – Dealing with Construction Permits in Chile and comparator economies – Ranking and Score DB 2019 Dealing with Construction Permits Score 0 100 75.90: Chile (Rank: 33) 75.41: Regional Average (OECD high income) 73.58: Peru (Rank: 54) 68.62: Mexico (Rank: 93) 51.01: Argentina (Rank: 174) 49.86: Brazil (Rank: 175) Note: The ranking of economies on the ease of dealing with construction permits is determined by sorting their scores for dealing with construction permits. These scores are the simple average of the scores for each of the component indicators. Figure – Dealing with Construction Permits in Chile – Procedure, Time and Cost Time (days) Cost (% of warehouse value) 0.8 0.7 Cost (% of warehouse value) 150 0.6 Time (days) 0.5 100 0.4 0.3 50 0.2 0.1 0 0 1 *2 *3 4 5 *6 7 8 9 * 10 11 12 Procedures (number) * This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure. Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology). For details on the procedures reflected here, see the summary below. Page 11 Doing Business 2019 Chile Figure – Dealing with Construction Permits in Chile and comparator economies – Measure of Quality 15 13.0 13.0 11.7 11.5 11.0 Index score 10 9.0 5 0 Chile Argentina Brazil Mexico Peru OECD high income Details – Dealing with Construction Permits in Chile – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Request and obtain indication on water and sewage availability with 30 days no charge Sanitation Company Agency : Sanitation Company BuildCo. requests the availability from the utility company in order to install their services. 2 Obtain results of geotechnical study / soil test 21 days CLP 3,500,000 Agency : Private licensed company BuildCo will request a soil test for the structural calculations for the foundation. Contractors ask for a soil test to ensure that the foundation of the building is solid. The engineer must understand the suitability of the soil for the proposed construction work. It allows to build a solid foundation and avoid structures to be damaged or collapsed or leaned. 3 Request and obtain preliminary information from the Municipality 10 days no charge Agency : Municipality BuildCo. requests and obtains a "Certificado de Informaciones Previas" (background information), which entails zoning and planning information. 4 Request and obtain risk assessment from the Regional Sanitary Authority 5 days CLP 16,000 (Secretaría Regional Ministerial de Salud (Seremi)) Agency : Regional Sanitary Authority (Secretaría Regional Ministerial de Salud (Seremi)) Once BuildCo obtained the clearance from the Sanitary Company (utilities) , BuildCo may now request a risk classification from the sanitary authority. The General Urbanism and Construction Ordinance of Chile (“Ordenanza General de Urbanismo y Construcciones) under Article 4.14.2 sets parameters for qualifying industrial or warehousing facilities into 4 categories: Dangerous, Unhealthy / Pollutant, Irritating or Harmless. Based on this Ordinance, warehousing or industrial establishments shall be assessed on a case by case basis by the respective Regional Sanitary Authority (“Secretaría Regional Ministerial (Seremi) de Salud”), taking into account the risks that the building may cause to their workers, neighborhood and community. A warehouse such as the one in the Doing Business case study would likely be rated "Harmless" because it is used for storage of non-hazardous items such as books. 5 Request and obtain water and sewerage supply certificate from Sanitation 15days no charge Company Agency : Sanitation Company Upon receiving the permit from the Regional Sanitary Authority (Secretaría Regional Ministerial de Salud (Seremi)), BuildCo submit this permit to the Municipality as a proof that water and sewerage connection can be obtained. 6 Request and obtain provisional installation permit from the Municipality 5 days no charge Agency : Municipality In parallel with the interaction with the utility company, BuildCo, can request the possibility to have some services while the construction takes place. To obtain a provisional permit for installation of temporary facilities, BuildCo’s architects must meet the Municipality’s architects to review the drawings and designs. This permit enables BuildCo to have bathrooms, electricity, and so forth on the construction site. Page 12 Doing Business 2019 Chile 7 Request and obtain building permit 68 days CLP 2,236,551 Agency : Municipality BuildCo must obtain a municipal building permit before construction starts. An external reviewer is also involved in this process. In 2005, a number of municipalities introduced a pilot program for a one-stop shop (la Ventanilla Transaccional de Trámites Municipales, VTM), an Internet platform where nine proceedings can be completed. The project was expected to be in full operation in 26 municipalities by 2006. The system is expected to cut processing time to 8 days. On January 12, 2006, the Municipality of Santiago introduced major changes to its regulatory plan (plano regulador) to regulate some omissions from the construction ordinance (ordenanza de construcción), without changing the current rules of construction. The cost of the building permit is 1.5% of the construction cost. The construction cost is calculated according to a fee schedule. The fee schedule is not based on a simple classification of buildings. There are two elements to consider: 1) classification based on material and structure used and 2) classification based on the amount of positive attributes that the building has. Regarding classification based on material, one can classify the building based on 9 different categories (A-I) depending on the materials (steel, concrete, wood, etc.) and structures used. Regarding the classification based on positive attributes, one can classify the building into 5 different categories based on the number points the building would obtain following the provided technical guide (design, structure, installations, and finishing of the building). The 5 different categories are: Category 1 – Superior (20 or more points); Category 2 - Medium superior (13-19 points); Category 3 - Medium (6-12 points); Category 4 - Medium inferior (0-5 points); Category 5 - Inferior (based on definition 2.3). The Doing Business warehouse would fall into classification A and obtains 3 points. Thus, the warehouse falls into classification "A4" (A because it is steel and 4 because it receives 3 points). Therefore, the cost per square meter is CLP 114642 8 Request and receive inspection in the middle of construction 1 day no charge Agency : Municipality BuildCo. receives an inspection anytime during the construction period. This revision is done with the in-house engineer or architect hired by BuildCo. 9 Receive connection to water services 45 days CLP 315,671 Agency : Sanitation Company The connection takes place at any time upon BuildCo’s request Request and obtain certificate of compliance for roads and sidewalks from 10 days CLP 8,468 10 SERVIU Agency : SERVIU BuildCo. can request and obtain certificate of compliance for roads and sidewalks fregulations compliance from SERVIU, which is independent from the certificate of urbanization. 11 Request and receive final inspection 1 day no charge Agency : Municipality According to Decree N° 47 (1992) from Minvu (OGUC), this final inspection is a requirement in order to obtain the final project approval. 12 Request and obtain project approval 30 days no charge Agency : Municipality The Municipality is notified of the project's completion (recepción final) after the independent inspector submits a positive project evaluation Takes place simultaneously with previous procedure. Page 13 Doing Business 2019 Chile Details – Dealing with Construction Permits in Chile – Measure of Quality Answer Score Building quality control index (0-15) 13.0 Quality of building regulations index (0-2) 2.0 How accessible are building laws and regulations in your economy? (0-1) Available online; 1.0 Free of charge; In official gazette. Which requirements for obtaining a building permit are clearly specified in the building List of required 1.0 regulations or on any accessible website, brochure or pamphlet? (0-1) documents; Fees to be paid; Required preapprovals. Quality control before construction index (0-1) 1.0 Which third-party entities are required by law to verify that the building plans are in Licensed 1.0 compliance with existing building regulations? (0-1) architect; Licensed engineer. Quality control during construction index (0-3) 2.0 What types of inspections (if any) are required by law to be carried out during construction? Inspections by in- 1.0 (0-2) house engineer; Unscheduled inspections. Do legally mandated inspections occur in practice during construction? (0-1) Mandatory 1.0 inspections are always done in practice. Quality control after construction index (0-3) 3.0 Is there a final inspection required by law to verify that the building was built in accordance Yes, final 2.0 with the approved plans and regulations? (0-2) inspection is done by government agency; Yes, in- house engineer submits report for final inspection; Yes, external engineer submits report for final inspection. Do legally mandated final inspections occur in practice? (0-1) Final inspection 1.0 always occurs in practice. Liability and insurance regimes index (0-2) 1.0 Which parties (if any) are held liable by law for structural flaws or problems in the building Architect or 1.0 once it is in use (Latent Defect Liability or Decennial Liability)? (0-1) engineer; Professional in charge of the supervision; Construction company; Owner or investor. Which parties (if any) are required by law to obtain an insurance policy to cover possible No party is 0.0 structural flaws or problems in the building once it is in use (Latent Defect Liability Insurance required by law or Decennial Insurance)? (0-1) to obtain insurance . Professional certifications index (0-4) 4.0 Page 14 Doing Business 2019 Chile What are the qualification requirements for the professional responsible for verifying that the Minimum number 2.0 architectural plans or drawings are in compliance with existing building regulations? (0-2) of years of experience; University degree in architecture or engineering; Being a registered architect or engineer. What are the qualification requirements for the professional who supervises the construction Minimum number 2.0 on the ground? (0-2) of years of experience; University degree in engineering, construction or construction management; Being a registered architect or engineer. Page 15 Doing Business 2019 Chile Getting Electricity This topic measures the procedures, time and cost required for a business to obtain a permanent electricity connection for a newly constructed warehouse. Additionally, the reliability of supply and transparency of tariffs index measures reliability of supply, transparency of tariffs and the price of electricity. The most recent round of data collection for the project was completed in May 2018. See the methodology for more information. What the indicators measure Case study assumptions Procedures to obtain an electricity connection To make the data comparable across economies, several assumptions about the (number) warehouse, the electricity connection and the monthly consumption are used. • Submitting all relevant documents and obtaining The warehouse: all necessary clearances and permits - Is owned by a local entrepreneur and is used for storage of goods. • Completing all required notifications and - Is located in the economy’s largest business city. For 11 economies the data are receiving all necessary inspections also collected for the second largest business city. • Obtaining external installation works and possibly - Is located in an area where similar warehouses are typically located and is in an purchasing material for these works area with no physical constraints. For example, the property is not near a railway. - Is a new construction and is being connected to electricity for the first time. • Concluding any necessary supply contract and - Has two stories with a total surface area of approximately 1,300.6 square meters obtaining final supply (14,000 square feet). The plot of land on which it is built is 929 square meters Time required to complete each procedure (10,000 square feet). (calendar days) The electricity connection: • Is at least 1 calendar day - Is a permanent one with a three-phase, four-wire Y connection with a subscribed • Each procedure starts on a separate day capacity of 140-kilo-volt-ampere (kVA) with a power factor of 1, when 1 kVA = 1 kilowatt (kW). • Does not include time spent gathering information - Has a length of 150 meters. The connection is to either the low- or medium-voltage distribution network and is either overhead or underground, whichever is more • Reflects the time spent in practice, with little common in the area where the warehouse is located and requires works that involve follow-up and no prior contact with officials the crossing of a 10-meter road (such as by excavation or overhead lines) but are all carried out on public land. There is no crossing of other owners’ private property Cost required to complete each procedure (% of because the warehouse has access to a road. income per capita) - Does not require work to install the internal wiring of the warehouse. This has • Official costs only, no bribes already been completed up to and including the customer’s service panel or switchboard and the meter base. • Value added tax excluded The monthly consumption: The reliability of supply and transparency of tariffs index (0-8) - It is assumed that the warehouse operates 30 days a month from 9:00 a.m. to 5:00 • Duration and frequency of power outages (0–3) p.m. (8 hours a day), with equipment utilized at 80% of capacity on average and that there are no electricity cuts (assumed for simplicity reasons) and the monthly energy • Tools to monitor power outages (0–1) consumption is 26,880 kilowatt-hours (kWh); hourly consumption is 112 kWh. • Tools to restore power supply (0–1) - If multiple electricity suppliers exist, the warehouse is served by the cheapest supplier. • Regulatory monitoring of utilities’ performance (0–1) - Tariffs effective in January of the current year are used for calculation of the price of electricity for the warehouse. Although January has 31 days, for calculation • Financial deterrents limiting outages (0–1) purposes only 30 days are used. • Transparency and accessibility of tariffs (0–1) Price of electricity (cents per kilowatt-hour)* • Price based on monthly bill for commercial warehouse in case study *Note: Doing Business measures the price of electricity, but it is not included in the ease of doing business score nor the ranking on the ease of getting electricity. Page 16 Doing Business 2019 Chile Getting Electricity - Chile Standardized Connection Price of electricity (US cents per kWh) 9.7 Name of utility Enel Distribución Chile S.A. City Covered Santiago Indicator Chile OECD high Best Regulatory income Performance Procedures (number) 5 4.5 3 (25 Economies) Time (days) 43 77.2 18 (3 Economies) Cost (% of income per capita) 48.9 64.2 0.0 (3 Economies) Reliability of supply and transparency of tariff index (0-8) 7 7.5 8.0 (27 Economies) Figure – Getting Electricity in Chile and comparator economies – Ranking and Score DB 2019 Getting Electricity Score 0 100 85.67: Chile (Rank: 36) 85.47: Regional Average (OECD high income) 84.37: Brazil (Rank: 40) 79.02: Peru (Rank: 67) 71.06: Mexico (Rank: 99) 70.02: Argentina (Rank: 103) Note: The ranking of economies on the ease of getting electricity is determined by sorting their scores for getting electricity. These scores are the simple average of the scores for all the component indicators except the price of electricity. Page 17 Doing Business 2019 Chile Figure – Getting Electricity in Chile – Procedure, Time and Cost Time (days) Cost (% of income per capita) 50 40 Cost (% of income per capita) 35 40 30 Time (days) 25 30 20 20 15 10 10 5 0 0 1 *2 *3 4 5 Procedures (number) * This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure. Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology). For details on the procedures reflected here, see the summary below. Figure – Getting Electricity in Chile and comparator economies – Measure of Quality 8 7.5 7 7 7 6 6 6 Index score 5 5 4 3 2 1 0 Chile Argentina Brazil Mexico Peru OECD high income Page 18 Doing Business 2019 Chile Details – Getting Electricity in Chile – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Submit application to Enel Distribución Chile S.A. and await estimate 15 calendar days CLP 510,746.86 Agency : Enel Distribución Chile S.A. The customer submits an application with Enel Distribución Chile S.A. in person. Based on the application Enel Distribución Chile S.A. will prepare a technical project for the connection and will issue an estimate of the costs. Enel Distribución Chile S.A. requires a number of supporting documents with the application: • Address of the premise that is to be connected • Sketch of the location of the premise • Certificate of prior conditions ("Certificado de condiciones previas") • Construction plans detailing the layout of the floors (not needed for a warehouse) • Plan of the layout of infrastructure services (such as water and gas pipes) that might interfere with the civil works. Specifications of the type of connection required (overhead/underground, 1- or 3-phased, traditional or with a concentrador de medida) • Required load (in kW) • Type of consumption tariff requested, which can be for example AT-3, AT-4.3 if the metering is for medium voltage or BT-3, BT 4.3 if metering is for low voltage. The decision on which tariff to choose will depend on the consumption profile for the warehouse. • Coordinates of the customer (Name, tax registration number, bank account information, commercial address, telephone, legal representative) • Coordinates of the applicant (Name, tax registration number, bank account information, commercial address, telephone) • Coordinates of the contact person on the construction site to coordinate connection works. • Date by which the supply will be need to be turned on • In case that the maximum load will only be reached over time, indicate the a profile of the timeline 2 Receive external inspection by Enel Distribución Chile S.A. 3 calendar days CLP 0 Agency : Enel Distribución Chile S.A. After receiving the application, Enel Distribución Chile S.A. will conduct an inspection in situ to identify the exact connection point. 3 Sign supply contract before a notary 1 calendar day CLP 5,000 Agency : Notario If the customer is the owner of a limited company, he has to sign the supply contract in front of a notary attesting to his role as the owner of the company. To sign the supply contract the following documents have to be submitted: • The declaration in front of the notary attesting to the fact that the customer is the owner of the building. If the owner is a company the declaration has to clarify the persons that are legally responsible for the actions of the company. • Certificate of the number of the relevant municipality (“Certificado de número Municipal”). • Copy of the identity document of the owner or legal representative of the company • Tax registration number (Rol Único Tributario - UT). • Coordinates of the person receiving the cost estimate for the connection and future consumption bills. 4 Pay connection costs and await completion of connection works by Enel 27 calendar days CLP 4,160,307.97 Distribución Chile S.A. Agency : Enel Distribución Chile S.A. The customer accepts the contract and submits the necessary supporting material such as the declaration in front of the notary and the power of attorney. For the finalization of the contract, the acceptance of the cost estimate has to be accepted and paid for and the inspection certificate issued by the "Superintendencia de Electricidad y Combustibles (SEC)" on the internal wiring (Anexo TE-1 SEC) has to be submitted. The payment of the estimate can be done in one of the three offices of Enel Distribución Chile S.A. determined for this purpose. For 3-phase connections the metering material is included in connection tariff. Other items included in the tariff are current transformers and other material, inspections, approvals with the municipality and the civil works (excavation permit) needed for the connection. The price of the excavation permit to open a sidewalk (2 m width * 4 m long) for a period of 6 days in the town of Santiago is about 60,000 CLP. Once the supply contract has been signed, Enel Distribución Chile S.A. will then carry out the actual connection works. Material for the connection is provided by Enel Distribución Chile S.A. and always available. Page 19 Doing Business 2019 Chile 5 Receive meter installation and final connection 1 calendar day CLP 0 Agency : Enel Distribución Chile S.A. The last step of the connection works (meter installation) can only be done after the internal wiring installation has been approved by the Superintendencia de Electricidad y Combustibles (SEC). A minimum delay of two weeks is needed for this step to allow SEC to inform the surrounding community of the cut in electricity in order to connect the new customer. Takes place simultaneously with previous procedure. Page 20 Doing Business 2019 Chile Details – Getting Electricity in Chile – Measure of Quality Answer Reliability of supply and transparency of tariff index (0-8) 7 Total duration and frequency of outages per customer a year (0-3) 2 System average interruption duration index (SAIDI) 2.3 System average interruption frequency index (SAIFI) 1.7 What is the minimum outage time (in minutes) that the utility considers for the calculation of SAIDI/SAIFI 3.0 Mechanisms for monitoring outages (0-1) 1 Does the distribution utility use automated tools to monitor outages? Yes Mechanisms for restoring service (0-1) 1 Does the distribution utility use automated tools to restore service? Yes Regulatory monitoring (0-1) 1 Does a regulator—that is, an entity separate from the utility—monitor the utility’s performance on reliability of Yes supply? Financial deterrents aimed at limiting outages (0-1) 1 Does the utility either pay compensation to customers or face fines by the regulator (or both) if outages Yes exceed a certain cap? Communication of tariffs and tariff changes (0-1) 1 Are effective tariffs available online? Yes Link to the website, if available online https://www.eneldistri bucion.cl/tarifas Are customers notified of a change in tariff ahead of the billing cycle? Yes Note: If the duration and frequency of outages is 100 or less, the economy is eligible to score on the Reliability of supply and transparency of tariff index. If the duration and frequency of outages is not available, or is over 100, the economy is not eligible to score on the index. If the minimum outage time considered for SAIDI/SAIFI is over 5 minutes, the economy is not eligible to score on the index. Page 21 Doing Business 2019 Chile Registering Property This topic examines the steps, time and cost involved in registering property, assuming a standardized case of an entrepreneur who wants to purchase land and a building that is already registered and free of title dispute. In addition, the topic also measures the quality of the land administration system in each economy. The quality of land administration index has five dimensions: reliability of infrastructure, transparency of information, geographic coverage, land dispute resolution, and equal access to property rights. The most recent round of data collection for the project was completed in May 2018. See the methodology for more information. What the indicators measure Case study assumptions Procedures to legally transfer title on To make the data comparable across economies, several assumptions about the immovable property (number) parties to the transaction, the property and the procedures are used. • Preregistration procedures (for example, The parties (buyer and seller): checking for liens, notarizing sales agreement, paying property transfer taxes) - Are limited liability companies (or the legal equivalent). - Are located in the periurban area of the economy’s largest business city. For 11 • Registration procedures in the economy's largest economies the data are also collected for the second largest business city. business city. - Are 100% domestically and privately owned. • Postregistration procedures (for example, filling - Have 50 employees each, all of whom are nationals. title with municipality) - Perform general commercial activities. Time required to complete each procedure The property (fully owned by the seller): (calendar days) - Has a value of 50 times income per capita, which equals the sale price. • Does not include time spent gathering - Is fully owned by the seller. information - Has no mortgages attached and has been under the same ownership for the past 10 years. • Each procedure starts on a separate day - - Is registered in the land registry or cadastre, or both, and is free of title disputes. though procedures that can be fully completed online are an exception to this rule - Is located in a periurban commercial zone, and no rezoning is required. - Consists of land and a building. The land area is 557.4 square meters (6,000 • Procedure is considered completed once final square feet). A two-story warehouse of 929 square meters (10,000 square feet) is document is received located on the land. The warehouse is 10 years old, is in good condition, has no • No prior contact with officials heating system and complies with all safety standards, building codes and legal requirements. The property, consisting of land and building, will be transferred in its Cost required to complete each procedure (% of entirety. property value) - Will not be subject to renovations or additional construction following the purchase. - Has no trees, natural water sources, natural reserves or historical monuments of • Official costs only (such as administrative fees, any kind. duties and taxes). - Will not be used for special purposes, and no special permits, such as for • Value Added Tax, Capital Gains Tax and illicit residential use, industrial plants, waste storage or certain types of agricultural payments are excluded activities, are required. - Has no occupants, and no other party holds a legal interest in it. Quality of land administration index (0-30) • Reliability of infrastructure index (0-8) • Transparency of information index (0–6) • Geographic coverage index (0–8) • Land dispute resolution index (0–8) • Equal access to property rights index (-2–0) Page 22 Doing Business 2019 Chile Registering Property - Chile Indicator Chile OECD high Best Regulatory income Performance Procedures (number) 6 4.7 1 (4 Economies) Time (days) 28.5 20.1 1 (New Zealand) Cost (% of property value) 1.2 4.2 0.0 (Saudi Arabia) Quality of the land administration index (0-30) 14.0 23.0 None in 2017/18 Figure – Registering Property in Chile and comparator economies – Ranking and Score DB 2019 Registering Property Score 0 100 77.17: Regional Average (OECD high income) 74.89: Peru (Rank: 45) 70.90: Chile (Rank: 61) 60.42: Mexico (Rank: 103) 56.73: Argentina (Rank: 119) 51.94: Brazil (Rank: 137) Note: The ranking of economies on the ease of registering property is determined by sorting their scores for registering property. These scores are the simple average of the scores for each of the component indicators. Figure – Registering Property in Chile – Procedure, Time and Cost Time (days) Cost (% of property value) 1.2 25 1 Cost (% of property value) 20 0.8 Time (days) 15 0.6 10 0.4 5 0.2 0 0 1 *2 *3 4 5 6 Procedures (number) * This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure. Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology). For details on the procedures reflected here, see the summary below. Page 23 Doing Business 2019 Chile Figure – Registering Property in Chile and comparator economies – Measure of Quality 30 25 23.0 Index score 20 17.5 16.3 15 14.0 13.5 13.8 10 5 0 Chile Argentina Brazil Mexico Peru OECD high income Details – Registering Property in Chile – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 The Lawyer drafts the sale and purchase agreement while carrying out due 15 days CLP 4,784,098.59; diligence research on the property and parties (About 1% of Agency : Lawyer transaction value) A lawyer is contracted to conduct due diligence of the property’s legal history, for not less than 10 years. The lawyer will also obtain the documents described in Procedures 2-3 from the Property Registry and the Treasury, as well as undertake the registration formalities. Lawyer fees for the study of the titles, drafting of the contract and completing all the formalities involved in the registration Procedure range between 1 and 2.5% of the transaction value. While it is not legally required to employ a lawyer for the study and the registration, it is common practice. 2 Request copies of property titles for the past 10 years, the ‘Certificado de 7 days Included in Procedure Vigencia’ and certificate of encumbrance from Registry 5 Agency : Property Registry The copies of the property titles, the ‘Certificado de Vigencia’ and the Encumbrance certificate (‘Certificado de Hipotecas y Gravámenes y de Interdicciones y Prohibiciones de Enajenar’) can all be requested at the same time. Both documents are usually requested by the lawyer responsible for the diligence of the property. The copies of the property titles are obtained in about 2 days while the certificates in 7 days. There is a possibility to request the copies online paying through the Internet (www.conservador.cl) and receiving the copies through the mail. 3 Obtain evidence of complete payment of land tax from Treasury (Servicios Less than one day, no charge de Tesorerías) online Agency : Treasury (Servicios de Tesorerías) The Property Taxes Debt Certificated (Certificado de Deuda de Contribuciones) is granted by the Treasury (Tesorería General de la República) and can be requested online www.tesoreria.cl. This document certificates that the property does not have debts regarding property taxes. 4 Execution and signing of the public deed 2 days CLP 158,000; (CLP Agency : Public Notary office 30,000 (copies and Upon completion of the due diligence, the sale and purchase agreement is other expenses at the notarized. Both parties have to sign in front of a Notary. Jointly with the execution Notary’s office) + of the public deed, the Public Notary has the duty of complete the declaration 0.1% of property about property transfer form (2890 Form). Two copies of this form are required in order to register the ownership transfer in the corresponding Property Registry. price with a maximum The Property Registry conserves one copy, and the other one is send to de IRS charge of CLP (Servicio de Impuesto Internos) with the purpose to complete and update the 128,000 (Notary’s property fiscal cadaster. fees)) 5 Registration of the public deed at the Real Estate Office 11 days CLP 970,319.72; Agency : Real Estate Office (CLP 13,500 (copies In the case of properties located in the cities of Santiago, Valparaíso and Viña and certificates) + del Mar the value is 0.2% of the property value. For other cities the value is 0.3%, 0.2% of the property with a maximum charge of approx, CLP 260,000. value (Stamp duty)) The parties can request the transfer personally at the registry the property transfer or online at the http://www.cbrsantiago.cl/portall_cbr/ website . The Registry checks the payment of all taxes related to the property. The registry has a digital record of all requests, but in the registry all the transfer is done on paper. The registry is based on a deed system, and covers the City of Santiago and the great Santiago. The Registry provides the information of the transaction and the value of the property and taxes to the SII within the first ten days of the following month. The time limit for the registry’s decision is 2 days, and there is a 2-month period for the parties to amend any mistake. Note: The registration time refers to the Registry in Santiago. Outside of Santiago, the time would be longer (up to 3 weeks). Page 24 Doing Business 2019 Chile 6 Obtain a Property Certificate and a Mortgages and Ownership Limitations Less than one day, no charge Certificate online Agency : Real Estate Office Once the registration has been completed, it is recommended to obtain from the Conservador de Bienes Raíces de Santiago (the Real Estate Office) (i) a copy of the Property Certificate stating the new ownership, (ii) Mortgages and Ownership Limitations Certificate, stating the new ownership is clean. While this procedure is not legally required, it ensures that all the information is correct. If the registration was done through the portal, the applicant can download the updated ownership certificate at the http://www.cbrsantiago.cl/portall_cbr/ website. There is no need for title insurance in Chile since the Registrar and the Notaries must personally answer for their mistakes on their functions. They hire responsible insurance for these cases. Outside of Santiago, it may take up to 2 weeks to obtain the title and certificates. Takes place simultaneously with previous procedure. Page 25 Doing Business 2019 Chile Details – Registering Property in Chile – Measure of Quality Answer Score Reliability of infrastructure index (0-8) 2.0 What is the institution in charge of immovable property registration? Conservador de Bienes y Raices de Santiago In what format are the majority of title or deed records kept in the largest business city—in a Computer/Scann 1.0 paper format or in a computerized format (scanned or fully digital)? ed Is there an electronic database for checking for encumbrances (liens, mortgages, restrictions Yes 1.0 and the like)? Institution in charge of the plans showing legal boundaries in the largest business city: Santiago City Hall In what format are the majority of maps of land plots kept in the largest business city—in a Paper 0.0 paper format or in a computerized format (scanned or fully digital)? Is there an electronic database for recording boundaries, checking plans and providing No 0.0 cadastral information (geographic information system)? Is the information recorded by the immovable property registration agency and the cadastral Separate 0.0 or mapping agency kept in a single database, in different but linked databases or in separate databases databases? Do the immovable property registration agency and cadastral or mapping agency use the No 0.0 same identification number for properties? Transparency of information index (0–6) 3.5 Who is able to obtain information on land ownership at the agency in charge of immovable Freely accessible 1.0 property registration in the largest business city? by anyone Is the list of documents that are required to complete any type of property transaction made Yes, online 0.5 publicly available–and if so, how? Link for online access: https://www.cons ervador.cl - the list of document and fee schedule are listed under each service offered by the Land registry Is the applicable fee schedule for any property transaction at the agency in charge of Yes, online 0.5 immovable property registration in the largest business city made publicly available–and if so, how? Link for online access: https://www.cons ervador.cl - the list of document and fee schedule are listed under each service offered by the Land registry Does the agency in charge of immovable property registration commit to delivering a legally Yes, online 0.5 binding document that proves property ownership within a specific time frame–and if so, how does it communicate the service standard? Link for online access: https://www.cons ervador.cl/portal/i nscripcion_propie dad Is there a specific and separate mechanism for filing complaints about a problem that No 0.0 occurred at the agency in charge of immovable property registration? Contact information: Are there publicly available official statistics tracking the number of transactions at the No 0.0 immovable property registration agency? Page 26 Doing Business 2019 Chile Number of property transfers in the largest business city in 2017: Who is able to consult maps of land plots in the largest business city? Anyone who 0.5 pays the official fee Is the applicable fee schedule for accessing maps of land plots made publicly available— Yes, on public 0.5 and if so, how? boards Link for online access: Does the cadastral or mapping agency commit to delivering an updated map within a No 0.0 specific time frame—and if so, how does it communicate the service standard? Link for online access: Is there a specific and separate mechanism for filing complaints about a problem that No 0.0 occurred at the cadastral or mapping agency? Contact information: Geographic coverage index (0–8) 4.0 Are all privately held land plots in the economy formally registered at the immovable property No 0.0 registry? Are all privately held land plots in the largest business city formally registered at the Yes 2.0 immovable property registry? Are all privately held land plots in the economy mapped? No 0.0 Are all privately held land plots in the largest business city mapped? Yes 2.0 Land dispute resolution index (0–8) 5.5 Does the law require that all property sale transactions be registered at the immovable Yes 1.5 property registry to make them opposable to third parties? Is the system of immovable property registration subject to a state or private guarantee? Yes 0.5 Is there a specific compensation mechanism to cover for losses incurred by parties who Yes 0.5 engaged in good faith in a property transaction based on erroneous information certified by the immovable property registry? Does the legal system require a control of legality of the documents necessary for a property Yes 0.5 transaction (e.g., checking the compliance of contracts with requirements of the law)? If yes, who is responsible for checking the legality of the documents? Registrar; Notary; Does the legal system require verification of the identity of the parties to a property Yes 0.5 transaction? If yes, who is responsible for verifying the identity of the parties? Registrar; Notary; Is there a national database to verify the accuracy of identity documents? Yes 1.0 For a standard land dispute between two local businesses over tenure rights of a property The Juzgado de worth 50 times gross national income (GNI) per capita and located in the largest business Letras (first city, what court would be in charge of the case in the first instance? instance) How long does it take on average to obtain a decision from the first-instance court for such a Between 2 and 3 1.0 case (without appeal)? years Are there any statistics on the number of land disputes in the first instance? No 0.0 Number of land disputes in the largest business city in 2017: Equal access to property rights index (-2–0) -1.0 Do unmarried men and unmarried women have equal ownership rights to property? Yes Do married men and married women have equal ownership rights to property? No -1.0 Page 27 Doing Business 2019 Chile Getting Credit This topic explores two sets of issues—the strength of credit reporting systems and the effectiveness of collateral and bankruptcy laws in facilitating lending. The most recent round of data collection for the project was completed in May 2018. See the methodology for more information. What the indicators measure Case study assumptions Strength of legal rights index (0–12) Doing Business assesses the sharing of credit information and the legal rights of borrowers and lenders with respect to secured transactions through 2 sets of • Rights of borrowers and lenders through indicators. The depth of credit information index measures rules and practices collateral laws (0-10) affecting the coverage, scope and accessibility of credit information available • Protection of secured creditors’ rights through through a credit registry or a credit bureau. The strength of legal rights index bankruptcy laws (0-2) measures the degree to which collateral and bankruptcy laws protect the rights of borrowers and lenders and thus facilitate lending. For each economy it is first Depth of credit information index (0–8) determined whether a unitary secured transactions system exists. Then two case • Scope and accessibility of credit information scenarios, case A and case B, are used to determine how a nonpossessory security distributed by credit bureaus and credit registries interest is created, publicized and enforced according to the law. Special emphasis (0-8) is given to how the collateral registry operates (if registration of security interests is possible). The case scenarios involve a secured borrower, company ABC, and a Credit bureau coverage (% of adults) secured lender, BizBank. • Number of individuals and firms listed in largest In some economies the legal framework for secured transactions will allow only case credit bureau as a percentage of adult population A or case B (not both) to apply. Both cases examine the same set of legal provisions relating to the use of movable collateral. Credit registry coverage (% of adults) • Number of individuals and firms listed in credit Several assumptions about the secured borrower (ABC) and lender (BizBank) registry as a percentage of adult population are used: - ABC is a domestic limited liability company (or its legal equivalent). - ABC has up to 50 employees. - ABC has its headquarters and only base of operations in the economy’s largest business city. For 11 economies the data are also collected for the second largest business city. - Both ABC and BizBank are 100% domestically owned. The case scenarios also involve assumptions. In case A, as collateral for the loan, ABC grants BizBank a nonpossessory security interest in one category of movable assets, for example, its machinery or its inventory. ABC wants to keep both possession and ownership of the collateral. In economies where the law does not allow nonpossessory security interests in movable property, ABC and BizBank use a fiduciary transfer-of-title arrangement (or a similar substitute for nonpossessory security interests). In case B, ABC grants BizBank a business charge, enterprise charge, floating charge or any charge that gives BizBank a security interest over ABC’s combined movable assets (or as much of ABC’s movable assets as possible). ABC keeps ownership and possession of the assets. Page 28 Doing Business 2019 Chile Getting Credit - Chile Indicator Chile OECD high Best Regulatory income Performance Strength of legal rights index (0-12) 4 6.1 12 (5 Economies) Depth of credit information index (0-8) 7 6.7 8 (42 Economies) Credit registry coverage (% of adults) 50.2 21.8 100.0 (4 Economies) Credit bureau coverage (% of adults) 32.4 65.3 100.0 (25 Economies) Figure – Getting Credit in Chile and comparator economies – Ranking and Score DB 2019 Getting Credit Score 0 100 90.00: Mexico (Rank: 8) 75.00: Peru (Rank: 32) 64.12: Regional Average (OECD high income) 55.00: Argentina (Rank: 85) 55.00: Chile (Rank: 85) 50.00: Brazil (Rank: 99) Note: The ranking of economies on the ease of getting credit is determined by sorting their scores for getting credit. These scores are the sum of the scores for the strength of legal rights index and the depth of credit information index. Figure – Legal Rights in Chile and comparator economies 10 8 7 7 6.1 6 Index Score 5 4 4 3 3 2 2 1 0 Chile Argentina Brazil Mexico Peru OECD high income Page 29 Doing Business 2019 Chile Details – Legal Rights in Chile Strength of legal rights index (0-12) 4 Does an integrated or unified legal framework for secured transactions that extends to the creation, publicity and No enforcement of functional equivalents to security interests in movable assets exist in the economy? Does the law allow businesses to grant a non possessory security right in a single category of movable assets, without No requiring a specific description of collateral? Does the law allow businesses to grant a non possessory security right in substantially all of its assets, without requiring a Yes specific description of collateral? May a security right extend to future or after-acquired assets, and does it extend automatically to the products, proceeds and Yes replacements of the original assets? Is a general description of debts and obligations permitted in collateral agreements; can all types of debts and obligations be Yes secured between parties; and can the collateral agreement include a maximum amount for which the assets are encumbered? Is a collateral registry in operation for both incorporated and non-incorporated entities, that is unified geographically and by Yes asset type, with an electronic database indexed by debtor's name? Does a notice-based collateral registry exist in which all functional equivalents can be registered? No Does a modern collateral registry exist in which registrations, amendments, cancellations and searches can be performed No online by any interested third party? Are secured creditors paid first (i.e. before tax claims and employee claims) when a debtor defaults outside an insolvency No procedure? Are secured creditors paid first (i.e. before tax claims and employee claims) when a business is liquidated? No Are secured creditors subject to an automatic stay on enforcement when a debtor enters a court-supervised reorganization No procedure? Does the law protect secured creditors’ rights by providing clear grounds for relief from the stay and sets a time limit for it? Does the law allow parties to agree on out of court enforcement at the time a security interest is created? Does the law allow No the secured creditor to sell the collateral through public auction or private tender, as well as, for the secured creditor to keep the asset in satisfaction of the debt? Figure – Credit Information in Chile and comparator economies 8 8 8 8 8 7 7 6.7 6 Index Score 5 4 3 2 1 0 Chile Argentina Brazil Mexico Peru OECD high income Page 30 Doing Business 2019 Chile Details – Credit Information in Chile Depth of credit information index (0-8) Credit Credit Score bureau registry Are data on both firms and individuals distributed? Yes Yes 1 Are both positive and negative credit data distributed? No Yes 1 Are data from retailers or utility companies - in addition to data from banks and Yes No 1 financial institutions - distributed? Are at least 2 years of historical data distributed? (Credit bureaus and registries No No 0 that distribute more than 10 years of negative data or erase data on defaults as soon as they are repaid obtain a score of 0 for this component.) Are data on loan amounts below 1% of income per capita distributed? Yes Yes 1 By law, do borrowers have the right to access their data in the credit bureau or Yes Yes 1 credit registry? Can banks and financial institutions access borrowers’ credit information online Yes Yes 1 (for example, through an online platform, a system-to-system connection or both)? Are bureau or registry credit scores offered as a value-added service to help Yes No 1 banks and financial institutions assess the creditworthiness of borrowers? Total Score ("yes" to either public bureau or private registry) 7 Note: An economy receives a score of 1 if there is a "yes" to either bureau or registry. If the credit bureau or registry is not operational or covers less than 5% of the adult population, the total score on the depth of credit information index is 0. Coverage Credit bureau Credit registry Number of individuals 3,826,078 6,029,567 Number of firms 188,664 188,004 Total 4,014,742 6,217,571 Percentage of adult population 32.4 50.2 Page 31 Doing Business 2019 Chile Protecting Minority Investors This topic measures the strength of minority shareholder protections against misuse of corporate assets by directors for their personal gain as well as shareholder rights, governance safeguards and corporate transparency requirements that reduce the risk of abuse. The most recent round of data collection for the project was completed in May 2018. See the methodology for more information. What the indicators measure Case study assumptions • Extent of disclosure index (0–10): Review and To make the data comparable across economies, a case study uses several approval requirements for related-party assumptions about the business and the transaction. transactions; Disclosure requirements for related- party transactions The business (Buyer): • Extent of director liability index (0–10): Ability - Is a publicly traded corporation listed on the economy’s most important stock of minority shareholders to sue and hold exchange. If there are fewer than ten listed companies or if there is no stock interested directors liable for prejudicial related- exchange in the economy, it is assumed that Buyer is a large private company with party transactions; Available legal remedies multiple shareholders. (damages, disgorgement of profits, fines, - Has a board of directors and a chief executive officer (CEO) who may legally act on imprisonment, rescission of the transaction) behalf of Buyer where permitted, even if this is not specifically required by law. • Ease of shareholder suits index (0–10): - Has a supervisory board in economies with a two-tier board system on which Mr. Access to internal corporate documents; James appointed 60% of the shareholder-elected members. Evidence obtainable during trial and allocation of - Has not adopted bylaws or articles of association that go beyond the minimum legal expenses requirements. Does not follow codes, principles, recommendations or guidelines that are not mandatory. • Extent of conflict of interest regulation index - Is a manufacturing company with its own distribution network. (0–10): Simple average of the extent of disclosure, extent of director liability and ease of The transaction involves the following details: shareholder indices - Mr. James owns 60% of Buyer, sits on Buyer’s board of directors and elected two • Extent of shareholder rights index (0-10): directors to Buyer’s five-member board. Shareholders’ rights and role in major corporate - Mr. James also owns 90% of Seller, a company that operates a chain of retail decisions hardware stores. Seller recently closed a large number of its stores. - Mr. James proposes that Buyer purchase Seller’s unused fleet of trucks to expand • Extent of ownership and control index (0-10): Buyer’s distribution of its food products, a proposal to which Buyer agrees. The price Governance safeguards protecting shareholders is equal to 10% of Buyer’s assets and is higher than the market value. from undue board control and entrenchment - The proposed transaction is part of the company’s principal activity and is not • Extent of corporate transparency index (0-10): outside the authority of the company. Corporate transparency on ownership stakes, - Buyer enters into the transaction. All required approvals are obtained, and all compensation, audits and financial prospects required disclosures made—that is, the transaction was not entered into fraudulently. • Extent of shareholder governance index (0– - The transaction causes damages to Buyer. Shareholders sue Mr. James and the 10): Simple average of the extent of shareholders executives and directors that approved the transaction. rights, extent of ownership and control and extent of corporate transparency indices • Strength of minority investor protection index (0–10): Simple average of the extent of conflict of interest regulation and extent of shareholder governance indices Page 32 Doing Business 2019 Chile Protecting Minority Investors - Chile Indicator Chile OECD high Best Regulatory income Performance Extent of disclosure index (0-10) 8.0 6.5 10 (13 Economies) Extent of director liability index (0-10) 6.0 5.3 10 (Cambodia) Ease of shareholder suits index (0-10) 7.0 7.3 10 (Djibouti) Extent of shareholder rights index (0-10) 9.0 6.4 10 (Kazakhstan) Extent of ownership and control index (0-10) 4.0 5.4 None in 2017/18 Extent of corporate transparency index (0-10) 2.0 7.6 10 (6 Economies) Figure – Protecting Minority Investors in Chile and comparator economies – Ranking and Score DB 2019 Protecting Minority Investors Score 0 100 65.00: Brazil (Rank: 48) 64.21: Regional Average (OECD high income) 63.33: Peru (Rank: 51) 61.67: Argentina (Rank: 57) 60.00: Chile (Rank: 64) 58.33: Mexico (Rank: 72) Note: The ranking of economies on the strength of minority investor protections is determined by sorting their scores for protecting minority investors. These scores are the simple average of the scores for the extent of conflict of interest regulation index and the extent of shareholder governance index. Figure – Protecting Minority Investors in Chile and comparator economies – Measure of Quality Chile 2 6 8 4 9 7 Argentina 7 2 7 7 8 6 Brazil 9 8 5 6 7 4 Mexico 4 5 8 6 7 5 Peru 6 6 9 3 8 6 OECD high income 7.4 5.5 6.5 5.2 6.3 7.4 0 5 10 15 20 25 30 35 40 45 Sub-Indicator Score Extent of corporate transparency index (0-10) Extent of director liability index (0-10) Extent of disclosure index (0-10) Extent of ownership and control index (0-10) Extent of shareholder rights index (0-10) Ease of shareholder suits index (0-10) Page 33 Doing Business 2019 Chile Details – Protecting Minority Investors in Chile – Measure of Quality Answer Score Extent of conflict of interest regulation index (0-10) 7 Extent of disclosure index (0-10) 8.0 Whose decision is sufficient to approve the Buyer-Seller transaction? (0-3) Board of 2.0 directors excluding interested members Must an external body review the terms of the transaction before it takes place? (0-1) No 0.0 Must Mr. James disclose his conflict of interest to the board of directors? (0-2) Full disclosure of 2.0 all material facts Must Buyer disclose the transaction in periodic filings (e.g. annual reports)? (0-2) Disclosure on the 2.0 transaction and on the conflict of interest Must Buyer immediately disclose the transaction to the public? (0-2) Disclosure on the 2.0 transaction and on the conflict of interest Extent of director liability index (0-10) 6.0 Can shareholders representing 10% of Buyer's share capital sue for the damage the Yes 1.0 transaction caused to Buyer? (0-1) Can shareholders hold Mr. James liable for the damage the transaction caused to Buyer? (0- Liable if negligent 1.0 2) Can shareholders hold the other directors liable for the damage the transaction caused to Liable if negligent 1.0 Buyer (0-2) Must Mr. James pay damages for the harm caused to Buyer upon a successful claim by Yes 1.0 shareholders? (0-1) Must Mr. James repay profits made from the transaction upon a successful claim by Yes 1.0 shareholders? (0-1) Is Mr. James disqualified upon a successful claim by shareholders? (0-1) Yes 1.0 Can a court void the transaction upon a successful claim by shareholders? (0-2) Only in case of 0.0 fraud or bad faith Ease of shareholder suits index (0-10) 7.0 Before suing, can shareholders representing 10% of Buyer's share capital inspect the No 0.0 transaction documents? (0-1) Can the plaintiff obtain any documents from the defendant and witnesses at trial? (0-3) Any relevant 3.0 document Can the plaintiff request categories of documents from the defendant without identifying Yes 1.0 specific ones? (0-1) Can the plaintiff directly question the defendant and witnesses at trial? (0-2) Preapproved 1.0 questions only Is the level of proof required for civil suits lower than that of criminal cases? (0-1) Yes 1.0 Can shareholder plaintiffs recover their legal expenses from the company? (0-2) Yes if successful 1.0 Extent of shareholder governance index (0-10) 5.0 Extent of shareholder rights index (0-10) 9.0 Does the sale of 51% of Buyer's assets require shareholder approval? Yes 1.0 Can shareholders representing 10% of Buyer's share capital call for a meeting of Yes 1.0 shareholders? Must Buyer obtain its shareholders’ approval every time it issues new shares? Yes 1.0 Page 34 Doing Business 2019 Chile Do shareholders automatically receive preemption rights every time Buyer issues new Yes 1.0 shares? Must shareholders approve the election and dismissal of the external auditor? Yes 1.0 Are changes to the rights of a class of shares only possible if the holders of the affected Yes 1.0 shares approve? Assuming that Buyer is a limited company, does the sale of 51% of its assets require Yes 1.0 member approval? Assuming that Buyer is a limited company, can members representing 10% call for a No 0.0 meeting of members? Assuming that Buyer is a limited company, must all or almost all members consent to add a Yes 1.0 new member? Assuming that Buyer is a limited company, must a member first offer to sell their interest to Yes 1.0 the existing members before they can sell to non-members? Extent of ownership and control index (0-10) 4.0 Is it forbidden to appoint the same individual as CEO and chairperson of the board of Yes 1.0 directors? Must the board of directors include independent and nonexecutive board members? No 0.0 Can shareholders remove members of the board of directors without cause before the end No 0.0 of their term? Must the board of directors include a separate audit committee exclusively comprising board No 0.0 members? Must a potential acquirer make a tender offer to all shareholders upon acquiring 50% of Yes 1.0 Buyer? Must Buyer pay declared dividends within a maximum period set by law? Yes 1.0 Is a subsidiary prohibited from acquiring shares issued by its parent company? Yes 1.0 Assuming that Buyer is a limited company, must Buyer have a mechanism to resolve No 0.0 disagreements among members? Assuming that Buyer is a limited company, must a potential acquirer make a tender offer to No 0.0 all shareholders upon acquiring 50% of Buyer? Assuming that Buyer is a limited company, must Buyer distribute profits within a maximum No 0.0 period set by law? Extent of corporate transparency index (0-10) 2.0 Must Buyer disclose direct and indirect beneficial ownership stakes representing 5%? No 0.0 Must Buyer disclose information about board members’ primary employment and No 0.0 directorships in other companies? Must Buyer disclose the compensation of individual managers? No 0.0 Must a detailed notice of general meeting be sent 21 days before the meeting? No 0.0 Can shareholders representing 5% of Buyer’s share capital put items on the general meeting No 0.0 agenda? Must Buyer's annual financial statements be audited by an external auditor? Yes 1.0 Must Buyer disclose its audit reports to the public? Yes 1.0 Assuming that Buyer is a limited company, must members meet at least once a year? No 0.0 Assuming that Buyer is a limited company, can members representing 5% put items on the No 0.0 meeting agenda? Assuming that Buyer is a limited company, must Buyer's annual financial statements be No 0.0 audited by an external auditor? Page 35 Doing Business 2019 Chile Paying Taxes This topic records the taxes and mandatory contributions that a medium-size company must pay or withhold in a given year, as well as the administrative burden of paying taxes and contributions and complying with postfiling procedures (VAT refund and tax audit). The most recent round of data collection for the project was completed in May 2018 covering for the Paying Taxes indicator calendar year 2017 (January 1, 2017 – December 31, 2017). See the methodology for more information. What the indicators measure Case study assumptions Tax payments for a manufacturing company in Using a case scenario, Doing Business records taxes and mandatory contributions a 2017 (number per year adjusted for electronic medium size company must pay in a year, and measures the administrative burden and joint filing and payment) of paying taxes, contributions and dealing with postfiling processes. Information is also compiled on frequency of filing and payments, time taken to comply with tax • Total number of taxes and contributions paid or laws, time taken to comply with the requirements of postfiling processes and time withheld, including consumption taxes (value waiting. added tax, sales tax or goods and service tax) • Method and frequency of filing and payment To make data comparable across economies, several assumptions are used: - TaxpayerCo is a medium-size business that started operations on January 1, 2016. Time required to comply with 3 major taxes It produces ceramic flowerpots and sells them at retail. All taxes and contributions (hours per year) recorded are paid in the second year of operation (calendar year 2017). Taxes and mandatory contributions are measured at all levels of government. • Collecting information, computing tax payable • Preparing separate tax accounting books, if The VAT refund process: required - In June 2017, TaxpayerCo. makes a large capital purchase: the value of the • Completing tax return, filing with agencies machine is 65 times income per capita of the economy. Sales are equally spread per month (1,050 times income per capita divided by 12) and cost of goods sold are • Arranging payment or withholding equally expensed per month (875 times income per capita divided by 12). The machinery seller is registered for VAT and excess input VAT incurred in June will be Total tax and contribution rate (% of commercial fully recovered after four consecutive months if the VAT rate is the same for inputs, profits) sales and the machine and the tax reporting period is every month. Input VAT will • Profit or corporate income tax exceed Output VAT in June 2017. • Social contributions, labor taxes paid by The corporate income tax audit process: employer - An error in calculation of income tax liability (for example, use of incorrect tax • Property and property transfer taxes depreciation rates, or incorrectly treating an expense as tax deductible) leads to an incorrect income tax return and a corporate income tax underpayment. TaxpayerCo. • Dividend, capital gains, financial transactions discovered the error and voluntarily notified the tax authority. The value of the taxes underpaid income tax liability is 5% of the corporate income tax liability • Waste collection, vehicle, road and other taxes due. TaxpayerCo. submits corrected information after the deadline for submitting the annual tax return, but within the tax assessment period. Postfiling Index • Time to comply with a VAT refund (hours) • Time to obtain a VAT refund (weeks) • Time to comply with a corporate income tax correction (hours) • Time to complete a corporate income tax correction (weeks) Page 36 Doing Business 2019 Chile Paying Taxes - Chile Indicator Chile OECD high Best Regulatory income Performance Payments (number per year) 7 11.2 3 (Hong Kong SAR, China) Time (hours per year) 296 159.4 49 (Singapore) Total tax and contribution rate (% of profit) 34.0 39.8 26.1% (32 Economies) Postfiling index (0-100) 57.03 84.41 None in 2017/18 Figure – Paying Taxes in Chile and comparator economies – Ranking and Score DB 2019 Paying Taxes Score 0 100 83.32: Regional Average (OECD high income) 75.28: Chile (Rank: 76) 66.65: Mexico (Rank: 116) 65.37: Peru (Rank: 120) 49.34: Argentina (Rank: 169) 34.40: Brazil (Rank: 184) Note: The ranking of economies on the ease of paying taxes is determined by sorting their scores for paying taxes. These scores are the simple average of the scores for each of the component indicators, with a threshold and a nonlinear transformation applied to one of the component indicators, the total tax and contribution rate. The threshold is defined as the total tax and contribution rate at the 15th percentile of the overall distribution for all years included in the analysis up to and including Doing Business 2015, which is 26.1%. All economies with a total tax and contribution rate below this threshold receive the same score as the economy at the threshold. Figure – Paying Taxes in Chile and comparator economies – Measure of Quality 100 84.41 80 Index score 60 57.03 47.94 40.51 40 19.24 20 7.80 0 Chile Argentina Brazil Mexico Peru OECD high income Page 37 Doing Business 2019 Chile Details – Paying Taxes in Chile Tax or Payments Notes on Time Statutory Tax base Total tax Notes on mandatory (number) Payments (hours) tax rate and TTCR contribution contribution rate (% of profit) Corporate 1.0 online 48.0 25% taxable profits 26.23 income tax Employment 1.0 online 124.5 4.5% gross salaries 5.13 taxes Property tax 1.0 online 1.2% property 1.78 value Municipal tax 1.0 online 0.5% capital 0.84 Vehicle 1.0 fixed rate 3 UTM 0.02 license tax Value added 1.0 online 123.5 19% value added 0.00 not included tax (VAT) Municipal tax 0.0 online and fixed fee 0.00 small amount on jointly cleanliness Fuel tax 1.0 included in 0.00 the price of fuel Employee 0.0 online and 19.1% gross salaries 0.00 withheld paid - Social jointly security contributions Totals 7 296 34.0 Page 38 Doing Business 2019 Chile Details – Paying Taxes in Chile – Tax by Type Taxes by type Answer Profit tax (% of profit) 26.2 Labor tax and contributions (% of profit) 5.1 Other taxes (% of profit) 2.6 Page 39 Doing Business 2019 Chile Details – Paying Taxes in Chile – Measure of Quality Answer Score Postfiling index (0-100) 57.03 VAT refunds Does VAT exist? Yes Does a VAT refund process exist per the case study? Yes Restrictions on VAT refund process Restricted to international traders and for fixed assets acquisition only after having excess input VAT for 6 consecutive tax periods Percentage of cases exposed to a VAT audit (%) 50% - 74% Is there a mandatory carry forward period? Yes Time to comply with VAT refund (hours) 26.0 48 Time to obtain a VAT refund (weeks) 37.7 33.32 Corporate income tax audits Does corporate income tax exist? Yes Percentage of cases exposed to a corporate income tax audit (%) 0% - 24% Time to comply with a corporate income tax correction (hours) 30.5 46.79 Time to complete a corporate income tax correction (weeks) No tax audit per 100 case study scenario Notes: Names of taxes have been standardized. For instance income tax, profit tax, tax on company's income are all named corporate income tax in this table. The hours for VAT include all the VAT and sales taxes applicable. The hours for Social Security include all the hours for labor taxes and mandatory contributions in general. The postfiling index is the average of the scores on time to comply with VAT refund, time to obtain a VAT refund, time to comply with a corporate income tax correction and time to complete a corporate income tax correction. N/A = Not applicable. Page 40 Doing Business 2019 Chile Trading across Borders Doing Business records the time and cost associated with the logistical process of exporting and importing goods. Doing Business measures the time and cost (excluding tariffs) associated with three sets of procedures—documentary compliance, border compliance and domestic transport—within the overall process of exporting or importing a shipment of goods. The most recent round of data collection for the project was completed in May 2018. See the methodology for more information. What the indicators measure Case study assumptions Documentary compliance To make the data comparable across economies, a few assumptions are made about the traded goods and the transactions: • Obtaining, preparing and submitting documents during transport, clearance, inspections and port Time: Time is measured in hours, and 1 day is 24 hours (for example, 22 days are or border handling in origin economy recorded as 22×24=528 hours). If customs clearance takes 7.5 hours, the data are • Obtaining, preparing and submitting documents recorded as is. Alternatively, suppose documents are submitted to a customs agency required by destination economy and any transit at 8:00a.m., are processed overnight and can be picked up at 8:00a.m. the next day. economies The time for customs clearance would be recorded as 24 hours because the actual procedure took 24 hours. • Covers all documents required by law and in practice, including electronic submissions of Cost: Insurance cost and informal payments for which no receipt is issued are information excluded from the costs recorded. Costs are reported in U.S. dollars. Contributors Border compliance are asked to convert local currency into U.S. dollars based on the exchange rate prevailing on the day they answer the questionnaire. Contributors are private sector • Customs clearance and inspections experts in international trade logistics and are informed about exchange rates. • Inspections by other agencies (if applied to more Assumptions of the case study: than 20% of shipments) - For all 190 economies covered by Doing Business, it is assumed a shipment is in a • Handling and inspections that take place at the warehouse in the largest business city of the exporting economy and travels to a economy’s port or border warehouse in the largest business city of the importing economy. - It is assumed each economy imports 15 metric tons of containerized auto parts (HS Domestic transport 8708) from its natural import partner—the economy from which it imports the largest • Loading or unloading of the shipment at the value (price times quantity) of auto parts. It is assumed each economy exports the warehouse or port/border product of its comparative advantage (defined by the largest export value) to its natural export partner—the economy that is the largest purchaser of this product. • Transport between warehouse and port/border Shipment value is assumed to be $50,000. • Traffic delays and road police checks while - The mode of transport is the one most widely used for the chosen export or import shipment is en route product and the trading partner, as is the seaport or land border crossing. - All electronic information submissions requested by any government agency in connection with the shipment are considered to be documents obtained, prepared and submitted during the export or import process. - A port or border is a place (seaport or land border crossing) where merchandise can enter or leave an economy. - Relevant government agencies include customs, port authorities, road police, border guards, standardization agencies, ministries or departments of agriculture or industry, national security agencies and any other government authorities. Page 41 Doing Business 2019 Chile Trading across Borders - Chile Indicator Chile OECD high Best Regulatory income Performance Time to export: Border compliance (hours) 60 12.5 1 (19 Economies) Cost to export: Border compliance (USD) 290 139.1 0 (19 Economies) Time to export: Documentary compliance (hours) 24 2.4 1 (26 Economies) Cost to export: Documentary compliance (USD) 50 35.2 0 (20 Economies) Time to import: Border compliance (hours) 54 8.5 0 (25 Economies) Cost to import: Border compliance (USD) 290 100.2 0 (28 Economies) Time to import: Documentary compliance (hours) 36 3.4 1 (30 Economies) Cost to import: Documentary compliance (USD) 50 24.9 0 (30 Economies) Figure – Trading across Borders in Chile and comparator economies – Ranking and Score DB 2019 Trading Across Borders Score 0 100 94.21: Regional Average (OECD high income) 82.09: Mexico (Rank: 66) 80.56: Chile (Rank: 71) 69.85: Brazil (Rank: 106) 68.22: Peru (Rank: 110) 65.36: Argentina (Rank: 125) Note: The ranking of economies on the ease of trading across borders is determined by sorting their scores for trading across borders. These scores are the simple average of the scores for the time and cost for documentary compliance and border compliance to export and import. Figure – Trading across Borders in Chile – Time and Cost Time (hours) Cost (USD) 70 350 60 290 290 60 54 300 Time (hours) 50 250 Cost (USD) 40 36 200 30 24 150 20 100 50 50 10 50 0 0 Export Export Import Import - - - - Border Documentary Border Documentary Compliance Compliance Compliance Compliance Page 42 Doing Business 2019 Chile Details – Trading across Borders in Chile Characteristics Export Import Product HS 74 : Copper and articles thereof HS 8708: Parts and accessories of motor vehicles Trade partner China United States Border San Antonio port San Antonio port Distance (km) 121 121 Domestic transport time (hours) 9 9 Domestic transport cost (USD) 345 345 Details – Trading across Borders in Chile – Components of Border Compliance Time to Complete (hours) Associated Costs (USD) Export: Clearance and inspections required 2.5 100.0 by customs authorities Export: Clearance and inspections required 0.0 0.0 by agencies other than customs Export: Port or border handling 60.0 190.0 Import: Clearance and inspections required 2.5 100.0 by customs authorities Import: Clearance and inspections required 0.0 0.0 by agencies other than customs Import: Port or border handling 54.0 190.0 Page 43 Doing Business 2019 Chile Details – Trading across Borders in Chile – Trade Documents Export Import Bill of lading Bill of lading Certificate of origin Certificate of origin Commercial invoice Commercial invoice Customs Export Declaration Customs Import Declaration Packing list Packing list SOLAS certificate Tax Certificate Terminal Handling receipt SOLAS Certificate Page 44 Doing Business 2019 Chile Enforcing Contracts The enforcing contracts indicator measures the time and cost for resolving a commercial dispute through a local first-instance court, and the quality of judicial processes index, evaluating whether each economy has adopted a series of good practices that promote quality and efficiency in the court system. The most recent round of data collection was completed in May 2018. See the methodology for more information. What the indicators measure Case study assumptions Time required to enforce a contract through the The dispute in the case study involves the breach of a sales contract between 2 courts (calendar days) domestic businesses. The case study assumes that the court hears an expert on the quality of the goods in dispute. This distinguishes the case from simple debt • Time to file and serve the case enforcement. • Time for trial and to obtain the judgment To make the data comparable across economies, Doing Business uses several • Time to enforce the judgment assumptions about the case: Cost required to enforce a contract through the - The dispute concerns a lawful transaction between two businesses (Seller and courts (% of claim) Buyer), both located in the economy’s largest business city. For 11 economies the data are also collected for the second largest business city. • Attorney fees - The buyer orders custom-made goods, then fails to pay alleging that the goods are not of adequate quality. • Court fees - The value of the dispute is 200% of the income per capita or the equivalent in local • Enforcement fees currency of USD 5,000, whichever is greater. - The seller sues the buyer before the court with jurisdiction over commercial cases Quality of judicial processes index (0-18) worth 200% of income per capita or $5,000. • Court structure and proceedings (-1-5) - The seller requests the pretrial attachment of the defendant’s movable assets to secure the claim. • Case management (0-6) - The dispute on the quality of the goods requires an expert opinion. • Court automation (0-4) - The judge decides in favor of the seller; there is no appeal. - The seller enforces the judgment through a public sale of the buyer’s movable • Alternative dispute resolution (0-3) assets. Page 45 Doing Business 2019 Chile Enforcing Contracts - Chile Standardized Case Claim value CLP 18,137,454 Court name Santiago Civil Court City Covered Santiago Indicator Chile OECD high Best Regulatory income Performance Time (days) 480 582.4 None in 2017/18 Cost (% of claim value) 25.6 21.2 None in 2017/18 Quality of judicial processes index (0-18) 10.0 11.5 None in 2017/18 Figure – Enforcing Contracts in Chile and comparator economies – Ranking and Score DB 2019 Enforcing Contracts Score 0 100 67.65: Regional Average (OECD high income) 67.01: Mexico (Rank: 43) 66.00: Brazil (Rank: 48) 65.79: Chile (Rank: 49) 60.70: Peru (Rank: 70) 55.66: Argentina (Rank: 107) Note: The ranking of economies on the ease of enforcing contracts is determined by sorting their scores for enforcing contracts. These scores are the simple average of the scores for each of the component indicators. Figure – Enforcing Contracts in Chile – Time and Cost Time (days) Cost (% of claim value) 1200 40 35.7 Cost (% of claim value) 995 33.0 35 1000 30 Time (days) 800 731 25.6 22.5 22.0 21.2 25 582.4 600 20 480 426 341 15 400 10 200 5 0 0 Argentina Brazil Chile Mexico OECD Peru high income Page 46 Doing Business 2019 Chile Figure – Enforcing Contracts in Chile and comparator economies – Measure of Quality Chile 1.5 3.5 2 3 Argentina 2 4 1 4.5 Brazil 3 3 3 4.1 Mexico 2.5 3.3 0.5 3.8 Peru 2.5 2.5 0 3.5 OECD high income 2.5 3.1 2.3 3.6 0 2 4 6 8 10 12 14 Sub-Indicator Score Alternative dispute resolution (0-3) Case management (0-6) Court automation (0-4) Court structure and proceedings (-1-5) Details – Enforcing Contracts in Chile Indicator Time (days) 480 Filing and service 30 Trial and judgment 270 Enforcement of judgment 180 Cost (% of claim value) 25.6 Attorney fees 15 Court fees 5 Enforcement fees 5.6 Quality of judicial processes index (0-18) 10.0 Court structure and proceedings (-1-5) 3.0 Case management (0-6) 3.5 Court automation (0-4) 2.0 Alternative dispute resolution (0-3) 1.5 Page 47 Doing Business 2019 Chile Details – Enforcing Contracts in Chile – Measure of Quality Answer Score Quality of judicial processes index (0-18) 10.0 Court structure and proceedings (-1-5) 3.0 1. Is there a court or division of a court dedicated solely to hearing commercial cases? No 0.0 2. Small claims court 1.0 2.a. Is there a small claims court or a fast-track procedure for small claims? Yes 2.b. If yes, is self-representation allowed? No 3. Is pretrial attachment available? Yes 1.0 4. Are new cases assigned randomly to judges? Yes, automatic 1.0 5. Does a woman's testimony carry the same evidentiary weight in court as a man's? Yes 0.0 Case management (0-6) 3.5 1. Time standards 1.0 1.a. Are there laws setting overall time standards for key court events in a civil Yes case? 1.b. If yes, are the time standards set for at least three court events? Yes 1.c. Are these time standards respected in more than 50% of cases? Yes 2. Adjournments 0.5 2.a. Does the law regulate the maximum number of adjournments that can be Yes granted? 2.b. Are adjournments limited to unforeseen and exceptional circumstances? No 2.c. If rules on adjournments exist, are they respected in more than 50% of cases? Yes 3. Can two of the following four reports be generated about the competent court: (i) time to No 0.0 disposition report; (ii) clearance rate report; (iii) age of pending cases report; and (iv) single case progress report? 4. Is a pretrial conference among the case management techniques used before the No 0.0 competent court? 5. Are there any electronic case management tools in place within the competent court for Yes 1.0 use by judges? 6. Are there any electronic case management tools in place within the competent court for Yes 1.0 use by lawyers? Court automation (0-4) 2.0 1. Can the initial complaint be filed electronically through a dedicated platform within the yes 1.0 competent court? 2. Is it possible to carry out service of process electronically for claims filed before the No 0.0 competent court? 3. Can court fees be paid electronically within the competent court? No 0.0 4. Publication of judgments 1.0 4.a Are judgments rendered in commercial cases at all levels made available to the Yes general public through publication in official gazettes, in newspapers or on the internet or court website? 4.b. Are judgments rendered in commercial cases at the appellate and supreme Yes court level made available to the general public through publication in official gazettes, in newspapers or on the internet or court website? Alternative dispute resolution (0-3) 1.5 1. Arbitration 1.5 Page 48 Doing Business 2019 Chile 1.a. Is domestic commercial arbitration governed by a consolidated law or Yes consolidated chapter or section of the applicable code of civil procedure encompassing substantially all its aspects? 1.b. Are there any commercial disputes—aside from those that deal with public No order or public policy—that cannot be submitted to arbitration? 1.c. Are valid arbitration clauses or agreements usually enforced by the courts? Yes 2. Mediation/Conciliation 0.0 2.a. Is voluntary mediation or conciliation available? No 2.b. Are mediation, conciliation or both governed by a consolidated law or n.a. consolidated chapter or section of the applicable code of civil procedure encompassing substantially all their aspects? 2.c. Are there financial incentives for parties to attempt mediation or conciliation n.a. (i.e., if mediation or conciliation is successful, a refund of court filing fees, income tax credits or the like)? Page 49 Doing Business 2019 Chile Resolving Insolvency Doing Business studies the time, cost and outcome of insolvency proceedings involving domestic legal entities. These variables are used to calculate the recovery rate, which is recorded as cents on the dollar recovered by secured creditors through reorganization, liquidation or debt enforcement (foreclosure or receivership) proceedings. To determine the present value of the amount recovered by creditors, Doing Business uses the lending rates from the International Monetary Fund, supplemented with data from central banks and the Economist Intelligence Unit. The most recent round of data collection was completed in May 2018. See the methodology for more information. What the indicators measure Case study assumptions Time required to recover debt (years) To make the data on the time, cost and outcome comparable across economies, several assumptions about the business and the case are used: • Measured in calendar years • Appeals and requests for extension are included - A hotel located in the largest city (or cities) has 201 employees and 50 suppliers. The hotel experiences financial difficulties. Cost required to recover debt (% of debtor’s - The value of the hotel is 100% of the income per capita or the equivalent in local estate) currency of USD 200,000, whichever is greater. - The hotel has a loan from a domestic bank, secured by a mortgage over the hotel’s • Measured as percentage of estate value real estate. The hotel cannot pay back the loan, but makes enough money to • Court fees operate otherwise. • Fees of insolvency administrators In addition, Doing Business evaluates the quality of legal framework applicable to • Lawyers’ fees judicial liquidation and reorganization proceedings and the extent to which best insolvency practices have been implemented in each economy covered. • Assessors’ and auctioneers’ fees • Other related fees Outcome • Whether business continues operating as a going concern or business assets are sold piecemeal Recovery rate for creditors • Measures the cents on the dollar recovered by secured creditors • Outcome for the business (survival or not) determines the maximum value that can be recovered • Official costs of the insolvency proceedings are deducted • Depreciation of furniture is taken into account • Present value of debt recovered Strength of insolvency framework index (0- 16) • Sum of the scores of four component indices: • Commencement of proceedings index (0-3) • Management of debtor’s assets index (0-6) • Reorganization proceedings index (0-3) • Creditor participation index (0-4) Page 50 Doing Business 2019 Chile Resolving Insolvency - Chile Indicator Chile OECD high Best Regulatory income Performance Recovery rate (cents on the dollar) 41.6 70.5 None in 2017/18 Time (years) 2.0 1.7 0.4 (Ireland) Cost (% of estate) 14.5 9.3 1.0 (Norway) Outcome (0 as piecemeal sale and 1 as going concern) 0 .. .. Strength of insolvency framework index (0-16) 12.0 11.9 None in 2017/18 Figure – Resolving Insolvency in Chile and comparator economies – Ranking and Score DB 2019 Resolving Insolvency Score 0 100 75.21: Regional Average (OECD high income) 70.77: Mexico (Rank: 32) 59.90: Chile (Rank: 51) 48.48: Brazil (Rank: 77) 45.72: Peru (Rank: 88) 41.24: Argentina (Rank: 104) Note: The ranking of economies on the ease of resolving insolvency is determined by sorting their scores for resolving insolvency. These scores are the simple average of the scores for the recovery rate and the strength of insolvency framework index. Figure – Resolving Insolvency in Chile – Time and Cost Time (years) Cost (% of estate) 4.5 20 4.0 18.0 4 16.5 Cost (% of estate) 3.5 14.5 3.1 15 Time (years) 3 12.0 2.4 2.5 9.3 2.0 10 2 1.8 1.7 7.0 1.5 1 5 0.5 0 0 Argentina Brazil Chile Mexico OECD Peru high income Page 51 Doing Business 2019 Chile Figure – Resolving Insolvency in Chile and comparator economies – Measure of Quality Chile 4.5 2.5 3 2 Argentina 4 2.5 1 2 Brazil 5.5 2.5 3 2 Mexico 5.5 2.5 2 1.5 Peru 3.5 2.5 3 0.5 OECD high income 5.3 2.8 2.2 1.9 0 2 4 6 8 10 12 14 Sub-Indicator Score Management of debtor's assets index (0-6) Commencement of proceedings index (0-3) Creditor participation index (0-4) Reorganization proceedings index (0-3) Note: Even if the economy’s legal framework includes provisions related to insolvency proceedings (liquidation or reorganization), the economy receives 0 points for the strength of insolvency framework index, if time, cost and outcome indicators are recorded as “no practice.” Figure – Resolving Insolvency in Chile and comparator economies – Recovery Rate Recovery rate(cents on the dollar) 100 80 70.5 64.7 60 41.6 40 29.8 21.5 20 14.6 0 Chile Argentina Brazil Mexico Peru OECD high income Page 52 Doing Business 2019 Chile Details – Resolving Insolvency in Chile Indicator Answer Score Proceeding liquidation (after Mirage would attempt a reorganization proceeding, which is going to involve in-court negotiations an attempt at with creditors of different classes, including secured creditors. It is likely that an agreement is not reorganization) reached, so that the reorganization proceeding will be converted into a liquidation proceeding. At this stage creditors may choose to carry out a simplified judicial liquidation proceeding or an ordinary judicial liquidation which could include the sale of movable and immovable property. Outcome piecemeal sale Once the liquidation proceeding starts, the trustee will be in charge of administration of the debtor’s assets. The trustee will sell Mirage’s assets separately and distribute the proceeds of the sale among the creditors based on the priorities established. Time (in years) 2.0 The Reorganization procedure is relatively fast, since in a few months (3 to 5) the reorganization agreement is approved or rejected and, generally, before the debtor fails to do so, it is passed to the liquidation stage. In comparison, the liquidation procedure takes longer than the reorganization process, since the ordinary credit verification period is longer (30 business days), after which a period of recognition and objection of verified credits is established, several Boards of Creditors And subsequently the sale of the property (6 to 18 months). Finally, it must be taken into account that the processing time will vary from court to court, as the workload between them is not uniform. Cost (% of 14.5 The costs associated with the reorganization proceeding which is then converted into liquidation, estate) like in the case of Mirage, would amount to approximately 14.5% of the value of the Mirage’s estate, according to the following breakdown: - Attorney’s fees: attorneys could charge a maximum of 8% (according to the fee schedule of the Bar of Valparaiso). - Fees of insolvency administrators: 6% is a fixed rate (article 34 of the Commercial Code). However, in practice the trustees could obtain around 10% of the value of the debtor’s estate. - Costs of notification: The Official Journal has a fixed cost that could be around 0.5% including the additional costs related to publication. Recovery rate 41.6 (cents on the dollar) Page 53 Doing Business 2019 Chile Details – Resolving Insolvency in Chile – Measure of Quality Answer Score Strength of insolvency framework index (0-16) 12.0 Commencement of proceedings index (0-3) 2.5 What procedures are available to a DEBTOR when commencing insolvency proceedings? (a) Debtor may 1.0 file for both liquidation and reorganization Does the insolvency framework allow a CREDITOR to file for insolvency of the debtor? (b) Yes, but a 0.5 creditor may file for liquidation only What basis for commencement of the insolvency proceedings is allowed under the (a) Debtor is 1.0 insolvency framework? generally unable to pay its debts as they mature Management of debtor's assets index (0-6) 4.5 Does the insolvency framework allow the continuation of contracts supplying essential goods Yes 1.0 and services to the debtor? Does the insolvency framework allow the rejection by the debtor of overly burdensome No 0.0 contracts? Does the insolvency framework allow avoidance of preferential transactions? Yes 1.0 Does the insolvency framework allow avoidance of undervalued transactions? Yes 1.0 Does the insolvency framework provide for the possibility of the debtor obtaining credit after Yes 1.0 commencement of insolvency proceedings? Does the insolvency framework assign priority to post-commencement credit? (a) Yes over all 0.5 pre- commencement creditors, secured or unsecured Reorganization proceedings index (0-3) 2.0 Which creditors vote on the proposed reorganization plan? (c) Other 1.0 Does the insolvency framework require that dissenting creditors in reorganization receive at No 0.0 least as much as what they would obtain in a liquidation? Are the creditors divided into classes for the purposes of voting on the reorganization plan, Yes 1.0 does each class vote separately and are creditors in the same class treated equally? Creditor participation index (0-4) 3.0 Does the insolvency framework require approval by the creditors for selection or Yes 1.0 appointment of the insolvency representative? Does the insolvency framework require approval by the creditors for sale of substantial Yes 1.0 assets of the debtor? Does the insolvency framework provide that a creditor has the right to request information No 0.0 from the insolvency representative? Does the insolvency framework provide that a creditor has the right to object to decisions Yes 1.0 accepting or rejecting creditors' claims? Note: Even if the economy’s legal framework includes provisions related to insolvency proceedings (liquidation or reorganization), the economy receives 0 points for the strength of insolvency framework index, if time, cost and outcome indicators are recorded as “no practice.” Page 54 Doing Business 2019 Chile Labor Market Regulation Doing Business presents detailed data for the labor market regulation indicators on the Doing Business website (http://www.doingbusiness.org). The report does not present rankings of economies on these indicators or include the topic in the aggregate ease of doing business score or ranking on the ease of doing business. The most recent round of data collection was completed in May 2018. See the methodology for more information. What the indicators measure Case study assumptions Hiring To make the data comparable across economies, several assumptions about the (i) whether fixed-term contracts are prohibited for worker and the business are used. permanent tasks; (ii) maximum cumulative duration of fixed-term contracts; (iii) length of the The worker: probationary period; (iv) minimum wage. - Is a cashier in a supermarket or grocery store, age 19, with one year of work experience. Working hours - Is a full-time employee. (i) maximum number of working days allowed per - Is not a member of the labor union, unless membership is mandatory. week; (ii) premiums for work: at night, on a weekly rest day and overtime; (iii) whether there are The business: restrictions on work at night, work on a weekly rest - Is a limited liability company (or the equivalent in the economy). day and for overtime work; (iv) whether - Operates a supermarket or grocery store in the economy’s largest business city. nonpregnant and nonnursing women can work For 11 economies the data are also collected for the second largest business city. same night hours as men; (v) length of paid annual - Has 60 employees. leave. - Is subject to collective bargaining agreements if such agreements cover more than 50% of the food retail sector and they apply even to firms that are not party to them. Redundancy rules - Abides by every law and regulation but does not grant workers more benefits than (i) whether redundancy can be basis for terminating those mandated by law, regulation or (if applicable) collective bargaining workers; (ii) whether employer needs to notify agreements. and/or get approval from third party to terminate 1 redundant worker and a group of 9 redundant workers; (iii) whether law requires employer to reassign or retrain a worker before making worker redundant; (iv) whether priority rules apply for redundancies and reemployment. Redundancy cost (i) notice period for redundancy dismissal; (ii) severance payments due when terminating a redundant worker. Job quality (i) whether law mandates equal remuneration for work of equal value and nondiscrimination based on gender in hiring; (ii) whether law mandates paid or unpaid maternity leave; (iii) length of paid maternity leave; (iv) whether employees on maternity leave receive 100% of wages; (v) availability of five fully paid days of sick leave a year; (vi) eligibility requirements for unemployment protection. Page 55 Doing Business 2019 Chile Labor Market Regulation - Chile Details – Labor Market Regulation in Chile Answer Hiring Fixed-term contracts prohibited for permanent tasks? No Maximum length of a single fixed-term contract (months) 12.0 Maximum length of fixed-term contracts, including renewals (months) 12.0 Minimum wage applicable to the worker assumed in the case study (US$/month) 392.6 Ratio of minimum wage to value added per worker 0.2 Maximum length of probationary period (months) n.a. Working hours Standard workday 9.0 Maximum number of working days per week 6.0 Premium for night work (% of hourly pay) 0.0 Premium for work on weekly rest day (% of hourly pay) 30.0 Premium for overtime work (% of hourly pay) 50.0 Restrictions on night work? No Whether nonpregnant and nonnursing women can work the same night hours as men Yes Restrictions on weekly holiday? No Restrictions on overtime work? No Paid annual leave for a worker with 1 year of tenure (working days) 15.0 Paid annual leave for a worker with 5 years of tenure (working days) 15.0 Paid annual leave for a worker with 10 years of tenure (working days) 15.0 Paid annual leave (average for workers with 1, 5 and 10 years of tenure, in working days) 15.0 Redundancy rules Dismissal due to redundancy allowed by law? Yes Third-party notification if one worker is dismissed? Yes Third-party approval if one worker is dismissed? No Third-party notification if nine workers are dismissed? Yes Third-party approval if nine workers are dismissed? No Retraining or reassignment obligation before redundancy? No Priority rules for redundancies? No Priority rules for reemployment? No Redundancy cost Notice period for redundancy dismissal for a worker with 1 year of tenure 4.3 Notice period for redundancy dismissal for a worker with 5 years of tenure 4.3 Notice period for redundancy dismissal for a worker with 10 years of tenure 4.3 Notice period for redundancy dismissal (average for workers with 1, 5 and 10 years of tenure) 4.3 Severance pay for redundancy dismissal for a worker with 1 year of tenure 4.3 Page 56 Doing Business 2019 Chile Severance pay for redundancy dismissal for a worker with 5 years of tenure 21.7 Severance pay for redundancy dismissal for a worker with 10 years of tenure 43.3 Severance pay for redundancy dismissal (average for workers with 1, 5 and 10 years of tenure) 23.1 Job quality Equal remuneration for work of equal value? No Gender nondiscrimination in hiring? No Paid or unpaid maternity leave mandated by law? Yes Minimum length of maternity leave (calendar days)? 126.0 Receive 100% of wages on maternity leave? Yes Five fully paid days of sick leave a year? No Unemployment protection after one year of employment? Yes Minimum contribution period for unemployment protection (months)? 12.0 Page 57 Doing Business 2019 Chile Business Reforms in Chile In the past year, Doing Business observed a peaking of reform activity worldwide. From June 2, 2017, to May 1, 2018, 128 economies implemented a record 314 regulatory reforms improving the business climate. Reforms inspired by Doing Business have been implemented by economies in all regions. The following are reforms implemented since Doing Business 2008. = Doing Business reform making it easier to do business. = Change making it more difficult to do business. DB2019 Starting a Business: Chile made starting a business easier by replacing the requirement to print and present sealed accounting books and invoices to the Internal Revenue Service with an electronic system. Enforcing Contracts: Chile made enforcing contracts easier by introducing an e-system that allows plaintiffs to file the initial complaint electronically. DB2016 Paying Taxes: Chile made paying taxes more costly for companies by increasing the corporate income tax rate. Resolving Insolvency: Chile made resolving insolvency easier by clarifying and simplifying provisions on liquidation and reorganization, introducing provisions to facilitate the continuation of the debtor’s business during insolvency, establishing a public office responsible for the general administration of insolvency proceedings and creating specialized insolvency courts. DB2014 Starting a Business: Chile made starting a business easier by creating a new online system for business registration. DB2012 Starting a Business: Chile made business start-up easier by starting to provide an immediate temporary operating license to new companies, eliminating the requirement for an inspection of premises by the tax authority before new companies can begin operations and allowing free online publication of the notice of a company’s creation. Getting Credit: Chile strengthened its secured transactions system by implementing a unified collateral registry and a new legal framework for nonpossessory security interests. Trading across Borders: Chile made trading across borders faster by implementing an online electronic data interchange system for customs operations. DB2011 Starting a Business: Chile made business start-up easier by introducing an online system for registration and for filing the request for publication. Protecting Minority Investors: An amendment to Chile’s securities law strengthened investor protections by requiring greater corporate disclosure and regulating the approval of transactions between interested parties. Page 58 Doing Business 2019 Chile Page 59