Acquiring a Mexican Company

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a Mexican Company

Everything you need to know about Acquiring a Mexican Company

Acquiring a Mexican Company Process and Considerations

A corporate acquisition is the process of obtaining the ownership interest in a company, either in whole or in part, directly through a transfer of share capital, or by obtaining control of its assets and operations. Many of the same procedural steps exist in Mexico as in other countries when acquiring a company. However, there are significant differences in terms of execution and due diligence documentation.

MexInc can assist with advising on which type of acquisition makes the most sense and finalize execution of all relevant steps and procedures

Does Acquiring a Mexican Company Make Sense?

This depends. Acquiring a Mexican Company that is already established with its own portfolio of clients, income, employee knowledge pool, expertise, and goodwill can be extremely valuable when entering the Mexican market. For many foreigners, entering the Mexican market from step one can pose unique challenges. Most foreign companies choose to acquire a Mexican company, either a (Sociedad de Responsabilidad Limitada or Sociedad Anonima) for the following reasons, and are looking to:

What Does Acquiring a Mexican Company Involve?

Acquiring a Mexican company by way of share ownership transfer, involves the preparation of a local shareholders or members assembly resolution and the execution of the same before a Mexican notary public. It is common for the resolution to be drafted by an attorney first and then passed to a notary for execution and filing. The parties must also execute relevant share transfer agreements and master sales contracts. MexInc also performs detailed due diligence investigation including review of: tax and social security debts, outstanding labor obligations, third-party debts and risk exposure, vender and client contract review, background checks for directos and managers.

With regard to an asset acquisition, the process would include the transfers of individual assets such as real estate and tangible property, assignment of employment agreement, commercial contracts and intellectual property. Each class of asset can necessitate compliance with its own individual procedures, documentation and formalities. Principally, this type of acquisition involves the drafting of a Master Sales Agreement and the umbrella document establishing the conditions and terms of the transaction.

How easy is it to acquire a Company in Mexico?

- MexInc makes it easy. MexInc will draft the assembly resolution to formalize the share acquisition, and coordinate the execution of the resolution before our corporate notary.
- Execute extensive due diligence investigation and deliver detailed report.
- MexInc also negotiates, drafts and provides all secondary corporate documents such as master sales agreements, sale transfer agreements, non-disclosure agreements, finalization of asset schedules, and securities filings.
- Additionally, MexInc will perform all ownership transfer registrations before the Mexican tax authorities.
- In the case of an asset transfer, MexInc will create all asset schedules, draft master agreements, execute employer substitution procedures for key employees, execute ownership transfers of any real property, vehicles, leases, and third-party contract assignments.

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Corporate Shareholder Acquisition in 5 easy steps.

Corporate Asset Acquisition in 6 easy steps.

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