Steps to be followed

Steps to be followed for the incorporation of a company in México

a) Obtaining the authorization of the Ministry of Foreign Affairs for the use of the corporate name. For this purpose the incorporators must submit at least 3 possible names.  This authorization seeks to avoid confusion among name corporations that already exist.

b) Drafting the by laws of the corporation according to the needs of the stockholders.  For this purpose is necessary to have the following information available:


 * Name, nationality and domicile of the stockholders.
 * Capital amount that will be subscribed and paid by each stockholder.
 * Name of the General Manager or name and positions of the members of the Board of Directors. It is noted that the General Manager or members of the Board of Directors may not reside within Mexico or be stockholders.
 * Name of the Supervisor or members of the Supervisory Board.
 * Name, powers and authorities for the persons appointed as executives and agents of the corporation. It is convenient to appoint individuals that actually reside in México, since they will be in charge of everyday operations.

c) Formalizing the incorporation before a Mexican Notary Public.

d) The foreign stockholders that reside abroad should grant a power of attorney to be represented before a Notary Public at the formal incorporation of the company. Such power of attorney must be:


 * Notarized in your country.
 * Apostilled, when your country is member of the Hague Convention (Apostille Convention).
 * When apostille is not applicable, then the legalization is mandatory.

Be advised that if the foreigners would appear directly before the Mexican Notary Public, then they will have to provide him evidence of a business visa.

f) Registration the corporation before the Public Registry of Commerce. The Notary Public carries out such activity.

Steps to be followed after the incorporation of the company

a) Registration of the company in the Federal Tax Registry. For more information visit http://www.sat.gob.mx.

For this registration the company must have a tax domicile and the tax authorities would verify such domicile.

b) Registration of the stockholders in the Federal Tax Registry. Be advised that it is possible to exempt such requirement.

c) Obtaining the Electronic Signature of the managers and agents of the company, as well as for the corporation. For more information visit http://www.sat.gob.mx/sitio_internet/e_sat/tu_firma/

d) Registration of the foreign executives that will reside in Mexico before the National Migration Institute. For more information visit http://www.inm.gob.mx/index.php/page/pagina_principal/en.html

e) Registration before the Foreign Investment National Registry. For more information visit http://www.economia.gob.mx/comunidad-negocios/competitividad-normatividad/inversion-extranjera-directa/registro-nacional-de-inversion-extranjera

f) Registration before the Importers Registry. For more information visit http://www.aduanas.gob.mx/aduana_mexico/2008/tramites/140_21132.html

g) Obtaining authorization from the Ministry of Economy to operate a Maquila Program or PROSEC. Those are programs that allow the importation of raw materials exempting duties or at reduced rates.

h) Enrolling the employees in the social security programs, such as IMMS (http://www.imss.gob.mx) and INFONAVIT (http://www.infonavit.gob.mx).