Sebastián Ramos; Expert in migration, sales and public relations
Reserve the Company Name
- Before establishing the company, you must check the availability of the name with the Public Registry of Commerce (RPC) or with the Ministry of Economy. This step is crucial as the name must be unique and not registered previously.
Documentation Preparation
- Documents establishing the structure and operation of the company will be needed:
- Constitutive Deed: A legal document that establishes the company and its details, including corporate name, duration, corporate purpose, address, social capital, etc.
- Notarial Power of Attorney: For foreign legal representatives.
- RFC (Federal Taxpayer Registry): Tax identification of the company.
- Personal Identifications: Passports or other identification documents of the partners.
Choose the Type of Company
- There are different legal forms to establish a company in Mexico:
- Public Limited Company (S.A.): Negotiable shares and limited liability.
- Limited Liability Company (S. de R.L.): Ideal for smaller companies, with limited liability among partners.
Legal Procedures
- Once the documents are ready and the type of company is chosen:
- Visit a Notary Public: The public deed (constitutive deed) must be drafted before a notary public in Mexico.
- Registration with the Public Registry of Commerce: The constitutive deed must be registered in this registry to obtain legal personality.
- Obtain Permits and Register
- Registration with the Tax Administration Service (SAT): To obtain the RFC and comply with tax obligations.
- Employer Registration with IMSS (Mexican Social Security Institute): If employees will be hired.
- Licenses or Special Permits: Depending on the type of economic activity.
Important Considerations:
- It is crucial to understand Mexican laws and regulations related to the establishment of companies and seek appropriate legal and accounting advice.
- Mexican partners may be required depending on the type of company you wish to establish.
- It is advisable to have legal representation or advisor in Mexico to facilitate the process.
- Each case may have specific variations, so it is strongly recommended to seek professional legal and accounting advice to ensure compliance with all necessary steps and legal requirements established in Mexico.