Incorporation of Commercial and Civil Companies
It is a contract entered into by two or more persons with the purpose of fulfilling a common interest, which may be non-economic in nature; predominantly economic in nature, without profit motive; or with the purpose of profit or commercial speculation.
REQUIREMENTS FOR THE INCORPORATION OF A COMPANY
REGARDING THE LEGAL ENTITY:
- Provide at least 3 name options to request and obtain authorization from the Ministry of Economy.
- Specify or draft the corporate purpose.
- Amount of share capital and value assigned to each share.
- Distribution of share capital and shares.
- Form of company management (sole administrator or board of directors).
- Powers of the sole administrator or the board of directors.
- Appointment of the company’s statutory auditor (Comisario).
REGARDING THE SHAREHOLDERS:
- Valid official identification containing photograph, signature, and address (if applicable).
- Unique Population Registry Code (CURP).
- Updated tax status certificate (no older than 3 months).
GENERAL INFORMATION:
- Full name and general information of the associates.
- Marital status.
- Occupation or profession.
- Date and place of birth.
- Current address.
- Email address.
- Telephone number.
IF ANY SHAREHOLDER IS A LEGAL ENTITY:
- Certified copy of the articles of incorporation with registration details from the Public Registry of Commerce.
- Certified copies of shareholder meeting minutes reflecting any amendments to bylaws or capital increases/decreases.
- Updated tax status certificate (no older than 3 months).
- Power of attorney of the legal representative.
- Valid official identification of the representative, including photograph, signature, and address (if applicable).
ADDITIONALLY, IF ANY PARTNER IS A FOREIGN NATIONAL, THE FOLLOWING IS REQUIRED:
IF AN INDIVIDUAL:
- Valid passport.
- Official document issued by the National Migration Institute proving legal entry or residence in Mexico.
- If working in Mexico, registration certificate in the Federal Taxpayer Registry (RFC).
- Proof of residential address if different from the identification or if the ID does not contain it.
- If the foreign partner’s residency status is visitor or different from temporary or permanent resident, also provide:
- Full name without abbreviations.
- Date of birth.
- Country of birth.
- Country of nationality.
- Activity, occupation, profession, or business sector.
- Residential address, including street, exterior and interior numbers (if any), neighborhood, territorial demarcation, municipality, city, state, postal code, and country.
- If residing abroad, provide an address for receiving correspondence in Mexico with full details as above.
- Power of attorney or certified copy issued by a notary public if the individual acts as attorney-in-fact for another person.
NOTE: If the power of attorney is from abroad, it must be notarized, apostilled, and translated into Spanish by an authorized translator certified by the Government of Guanajuato.
IF A LEGAL ENTITY:
REQUIRED DOCUMENTS FOR FOREIGN LEGAL ENTITIES:
- Copies of documents proving lawful incorporation in the country of origin.
- Certified copy of the instrument granting powers to the legal representative(s), issued by a notary public if not included in the incorporation document, showing sufficient powers to represent the company in the incorporation of the Mexican company.
NOTE: These documents must be notarized, apostilled, and translated into Spanish by an authorized translator certified by the Government of Guanajuato.
- Proof of legal address of the foreign legal entity, which may include utility bills or bank statements not older than three months, current lease agreement registered with tax authorities, or Federal Taxpayer Registry certificate.
- Tax Identification Number issued by SAT or, if unavailable, proof of tax ID assigned by the competent authority of the country of nationality.
- Information about the foreign legal entity, including:
- Company name or corporate name.
- Date of incorporation.
- Country of nationality.
- Business activity or corporate purpose.
- Tax status certificate.
- Tax ID number of the country of origin (if any).
- Address: street, exterior and interior numbers (if any), neighborhood, territorial demarcation, municipality, city, state, postal code, and country.
- Telephone numbers including country and area codes.
- Email address.
REQUIRED DOCUMENTS REGARDING THE FOREIGN LEGAL REPRESENTATIVE:
- Valid passport of the legal representative.
- Tax ID certificate issued by SAT or proof of tax ID assigned by competent authority of country of nationality.
- Official document issued by the National Migration Institute proving legal entry or residence in Mexico.
- Personal information of the legal representative:
- Full name without abbreviations.
- Date of birth.
- Tax status certificate.
- Unique Population Registry Code (CURP).
- Type of ID, issuing authority, and number.