
There are different forms of companies you can form in Mexico and which one is best for you could be different than for someone else, but in a general sense, it is usually better to create a corporation.
In order to form a corporation, you would need an accountant and you need a corporate lawyer, like me. I only need as an example three corporate names in order to do the research for a corporate name and to then obtain the corresponding permit that we sign before a notary. We obtain registrations from the National Registry of Foreign Investment, from the Registry of Commerce and then after that we will be able to open a corporate bank account.
By means of a corporate bank account, you could do business, pay taxes, declare taxes and pay your invoices and as well to issue checks. This is in very general terms what we need to do to open a business. In terms of operating the business on an ongoing basis, we need a physical address. Depending on several issues, the process could take between 15 days to a month and a half.
The cost could be between US $800 up to $1,000, depending on the specific type of corporation and the specific notary. In terms of the notary and my fees, it will be approximately $1,000 up to $1,250 to create the articles of incorporation by laws and inscription and based on the legal representation, I usually charge $600. The total would be around $2,750, which would include notary fees, taxes, government fees, contributions (the inscription on the public registry, the payment of the official paper of the public deed), legal fees and all the inscriptions. The inscription is the registration of the by laws and the public registration of the property and the commerce.
You need to have a Mexican on your Board only for certain activities, not for regular activities. You also don’t need to have a Mexican shareholder.
A foreign citizen can start a business in Mexico, even one without a permanent residence in Mexico. There are no residency requirements in order to start a business in Mexico, but in order to exercise the charges as a legal representative of the company, you do need the resident’s document. You can obtain this resident’s document after the corporation is formed, and then qualify to act as the legal representative of the company. If you don’t have the residency requirement, you could just have someone who did (or more likely, a Mexican citizen who was an attorney) act as the company’s legal representative.
(Upscale steakhouse and bar in Playa del Carmen, Mexico, pictured.)