Empresas estatales

What is the legal regime aplicable to State-Owned Enterprises?

 

According to article 19 No. 21, paragraph 2 of the Political Constitution of the Republic of Chile, if the State carries out business activities, these will be subject to the common legislation applicable to private parties, whether it is public law (health regulations, banking, etc.) or private law (rules on contracts, employment regime, etc.).

Some public law rules are applicable to public enterprises: for example, in matters of financial administration and control.

On the other hand, in the case of activities subject to sectoral regulation (e.g. Banco Estado, Codelco, ENAP), the same regime applies to these companies as to regulated companies, such as the LGB, or environmental rules.