Empresa Transportista Mexico (Ingles)

Setting up a business in Mexico
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To set up a business in Mexico, you will probably need to hire an attorney and/or an accountant, who will be able to guide you through the process and help you determine the best corporate, accounting and tax structure for your company.

You should negotiate with your attorney or accountant what steps are included in their fee and determinewho will be responsible for out-of-pocket expenses such as notarial and registration fees. If you use the services of both and attorney and an accountant make sure that they coordinate to avoid duplicity or oversight.

Ownership of Equity
Under the Foreign Investment Law of 1993 and the North American Free Trade Agreement (NAFTA), most economic activities in Mexico, whether in manufacturing orservices, are open to 100 percent participation by U.S. and Canadian investors.

Only a few areas are completely restricted or limited to minority participation. Some areas which previously had been reserved to the government, especially in the infrastructure sectors, are now being opened to private investment, and certain areas such as financial services which had been reserved to Mexicaninvestors are now available to foreign investors as well.

Common Types of Companies
Limited Liability Stock Corporation (Sociedad Anónima, S.A.)
A sociedad anónima must have at least two (up to an unlimited number) of share holders whose shares are transferable by endorsement. The minimum fixed capital needed to establish a sociedad anónima is $50,000.00 pesos. For the option of variablecapital, an S.A. de C.V. (capital variable) can be established with both fixed and variable portions of capital as long as the total never falls below $50,000.00 pesos.
Limited Liability Company (Sociedad de Responsabilidad Limitada, S.R.L.)
A sociedad de responsabilidad limitada is similar to a closed corporation in the United States. The minimum capital is only $3,000.00 pesos, but the company canonly have up to 50 partners.
Civil Enterprise (Sociedad Civil, S.C.)
Service providers, such as lawyers and accountants, use this company structure, which has no minimum capital requirements. There are no limits on the number of partners in a sociedad civil, but each is jointly personally liable for obligations and debts.
Branch (Sucursal)
A U.S. company can open a branch in Mexico with theapproval of the National Commission of Foreign Investment (Comisión Nacional de Inversiones Extranjeras, CNIE) and the Secretariat of Foreign Affairs (Secretaría de Relaciones Exteriores, SRE). The branch must also be registered with the Public Registry of Commerce (Registro Público de Comercio).
Subsidiary (Subsidiario)
Unlike a branch, a subsidiario is actually a separate legal entity from theparent company. Establishing a Mexican subsidiary shields the parent company from liability.

Company Formation
Once the company type and ownership issues have been resolved, you will need to follow these steps:

Corporate Name
You will need to select a corporate name and register it with SRE. Before SRE grants a permit for the name, it will check that no identical name or one that mightlend to confusion is already registered.
Proforma Agreement
Under Mexican Law, your company will have to enter a proforma agreement, whereby any non-Mexican shareholder shall be deemed to agree to be bound by Mexican laws and not invoke the diplomatic protection of his government.
Charter and By-laws
An attorney can help you prepare these documents that spell out corporate governance,corporate purpose, duration of existence, domicile, capital stock provisions, management powers and special provisions for liquidation.
In addition, you will need to decide how capital will be subscribed, how the Board of Directors and officers will be appointed and what powers will be specifically granted to individuals. Also, it is regular practice in Mexico to grant powers of attorney.

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