To set up a company in Mexico it is important that you know the general information of commercial companies, in this article we answer 6 frequently asked questions about the constitution of Commercial Companies in Mexico.
1.- What are the types of commercial companies in Mexico?
The General Law of Commercial Companies in its article 1 recognizes the following commercial companies:
- YO.- Company in collective name;
- II.- simple limited partnership;
- III.- Limited Liability Company;
- IV.- Anonymous society;
- v. Company limited by shares;
- SAW. cooperative society, and
- VII. Simplified stock company (Unipersonal).
2.- How to request the name of your company?
The request for the name or company name is made through the page of the Ministry of Economy called: https://mua.economia.gob.mx/mua-web/muaHome#.
This service is free and the only thing that is required is to have an electronic signature (e signature).
3.- Who can be partners or shareholders?
Any natural or legal person with legal capacity. Notwithstanding the foregoing, there are notaries who request that the persons who are going to establish a company, in their fiscal activities, have the status of Partner or Shareholder.
4.- What are the responsibilities of the partners or shareholders?
- They are obliged to pay their contributions.
- Your Responsibility is limited to your contribution to the share capital.
- Subscribe at least one share or have a share that represents at least $1.00.
- Vote and be voted in the Assemblies.
- To receive dividends.
5.- Before whom are companies formalized?
- Before Notary Public (Public Broker or Notary Public, and in some cases before a Commercial Judge).
- As an exception, the SAS (Simplified Stock Company) can be incorporated online without the need to go to a notary public.
6.- What are the corporate bylaws?
- Shareholders/Partners
- Name, address, nationality of natural or legal persons.
- Denomination/company name
- Foreign Admission/Exclusion
- Immigration: Exclusion or admission with Calvo Clause, Change of Exclusion to admission = notice to SRE
- Home
- City and State (it does not require detail of street and number, to avoid modification of statutes each change of physical address)
- Duration
- Object. – Lawful, commercial operations
- Capital. – Minimum and Variable
- Amount of the Contributions of the Partners/Shareholders.
- Form of Administration, Unipersonal or Multipersonal.
- Surveillance Body, Unipersonal or Multipersonal.
- Reserve Fund (5% Annual until reaching 20%)
- Distribution of profits and losses.
If you require more information about the constitution of Commercial Companies in Mexico, contact us or write us your opinion.
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