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How to Create a LLC or Corporation

MEXLAW > How to Create a LLC or Corporation

How to Create a LLC or Corporation as a Shareholder

Shareholders

In the event that the company you want to create in Mexico will have one or more foreign companies as shareholders:

Example:

Shareholder 1:   THE BOATS LLC (Foreign company) 50%

Shareholder 2:   La VISTA LLC (Foreign company) 50%

Or

Shareholder 1:  John Doe (Individual) 1%

Shareholder 2:  THE BOAT (Foreign Company) 99%

*These are examples only. You will be able to define percentages as you please, there are no restrictions.

First, you will be required to complete the form in which you will provide your company’s information (the Foreign Legal entity Shareholder): names, shareholders, type of business, etcetera.

Within that form you will be asked to attach certain documents, note that MexLaw uses high security decryption to guarantee that your data is secure. We ask that your documents are legible, in the event that any of these are photos or scans.

Submit Your Payment 

Subsequently, it will be necessary to pay the fee for this service, this payment can be made on our platform.

SUBMIT YOUR PAYMENT

Legalization

This process is similar to the one indicated in the previous document; however, the first step is to carry out a process called “Legalization” or “Apostille” of the foreign company’s documents. This process is necessary for the foreign company to be recognized in Mexico as a shareholder.

There are two ways to do this and they depend on the treaty between Mexico and the country from which the documents originate.

We will exemplify the process from the USA (Hague Treaty) and Canada (Consular Treaty), two countries which Mexico has different treaties with.

*If the Foreign Legal entity originates from another jurisdiction than those mentioned above, you can begin the process and our representative will indicate to you the process you should follow.

✓ If the Foreign Legal entity is created in Canadian.
✓ If the Foreign Legal entity is created in any of the US States.

In case you are not able to sign personally, we suggest you inform us immediately so we can suggest some alternatives. Once we are finished with the cumbersome part of the process, the legalization or apostille, then.

Requesting Company Name 

Next step will be verifying the availability of the three possible names for the company you have provided us (such names can be in English). We suggest that you be creative, since common names are usually taken. For example: if you want the company to be called Mexico Lindo, you can try adding a number for you to be successful in your search.

This process lasts around 3-5 working days and you will receive the certificate with the approved name, otherwise you will be asked to suggest three other possibilities. Remember that you can let your imagination fly.

*While we wait for the name search results, we will send you the guide to Mexican companies. This will provide answers about taxes and the companies’ functioning in Mexico., If there are still any doubts, we can schedule a phone call with one of our experts to answer any questions.

Creating the Draft

Once we have reserved the name, we will create your company’s Draft, we will conform with the plans and project you provided us so please spare no details. In this way we will ensure that we are preparing the ideal document for you.

It is very important at this point, that you decide who will manage your administration or bookkeeping so you can obtain your Advanced Electronic Signature (FIEL) from the Mexican Tax Authorities and you can pay taxes. It is important to include this information in your Memorandum of Association with the authority requires by the tax authorities. If you need further information about this, click here.

*If needed, provide a person with a Mexican Tax ID with a minimal role and limited faculties on the corporation.

Ready to Sign

Once all the documents are prepared and everything is ready, we will agree on a date for you to sign, whether it is in one of our branch offices or with one of our associate commissioners (all the shareholders must be present in Mexico to be able to be part of the company).

We will register your company at the Public Registry of Commerce and the National Registry of Foreign Investment, this way we will obtain your RFC (Mexican Tax Registration) so that your company is ready to operate.

Create Your Company Now

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