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Empresas Mixtas: Water Plant

Empresas Mixtas

Empresas mixtas (mixed ownership enterprise) is a type of legal entity that receives financial funding from both a private company as well as a government –at a country, city or municipal level, hence the term a mix enterprise. This form of public-private partnership (PPP) is commonly used in civil law countries, particularly in the water sector.

This is a form of Joint Venture and the same issues raised in respect of Joint Ventures are relevant here.

For a general discussion of empresas mixtas see Mixed Private-Public Ownership Companies “Empresa Mixta". This review of the empresa mixta model was undertaken to better understand its structure, applicability and strength in mitigating risks in the water and sanitation sector. The last two decades have provided many lessons on empresas mixtas, particularly in Latin America. 

Legal Framework by Country

Below is a list of laws that present the legal framework for “empresas mixtas” in several countries in Latin America. These laws undertake the sectors of water, energy, transportation, clean technology and telecommunications. This page also includes additional information such as studies and analysis of the general legal framework.

Argentina

Brazil

  • Legal Framework:
    Brazilian Constitution: "Sociedades de Economia Mista" financial fiscalization articles 70, and 71, II, creation by law article 37, XIX, legal framework article 173, § 1º, creation of subsidiary enterprise article 37, XX, infrastructure and provision service concessions article 22, XXVII.
    Decreto-lei 200/67
    Lei 6.404/76

Colombia

Costa Rica

  • Legal Framework:
    Costa Rica does not have specific legal Framework related to "Empresas Mixtas". However, they have laws that authorize this kind of regime for specific enterprises such as: Líneas Aéreas Costarricenses, Refinadora Costarricense de Petróleos y Radiográfica Nacional. Costa Rica does not have a "Empresas Mixtas" regime for water and sanitation sector.

El Salvador

  • Legal Framework: 
    Decree 2336/57 Ley sobre constitución de sociedades por acciones de economía mixta

Peru

Spain

Uruguay

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