Company Formation: Corporation (S.A. de C.V.)

Form a Corporation in Mexico
with a Trusted Partner

Everything you need to know about forming a Mexican LLC

What is a Mexican Corporation or S.A. de C.V.?

An S.A. de C.V. or Sociedad Anonima de Capital Variable) is a corporate form in Mexico that is the equivalent of a United States Corporation or Limited Company. It provides asset protection for shareholders from lawsuits and liability from third parties. It provides flexibility for shareholder protections and corporate governance best suited for larger organizations.

It is not considered the best choice for closely-held foreign subsidiaries and is appropriate for robust Mexican operations seeking investor protections for multiple stakeholders.

Do I need a Mexican Corporation (S.A. de C.V.)?

The S.A. de C.V. should not be the first choice for foreigners incorporating a Mexican Company. If you plan to hire employees, invoice, import, export or sell in Mexico, you will need to have a legal entity of somekind. Similarly, if you require specific licenses or product regulatory compliance, you will need to form a legal entity in Mexico. However, the S. de R.L which is the equivalent of a Limited Liability Company will suit the operational purposes of the vast majority of foreign clients

It is not considered the best choice for closely-held foreign subsidiaries and is appropriate for robust Mexican operations seeking investor protections for multiple stakeholders.

What Does Having an Corporation in Mexico Involve?

Starting an Corporation or S.A. de C.V in Mexico means your company will have access to operate in almost any business activity just like a local. It permits your company to:

How Easy is it to Form a Corporation (S.A. de C.V.) in Mexico?

Doing business in Mexico may seem daunting — different country, different rules, different challenges.
MexInc makes it easy by handling everything from corporate document filings, company address, and local legal representative to RFC Tax ID registration and tax compliance.

Ready to get your Mexico?

Ready to get your Corporation started in Mexico?

Get Started Now

Use MexInc to get your business started
in 4 easy steps

1 Submit your company info via our online platform:

Our online platform AURELIUS permits clients to submit to “design” their company online and submit all required documents with interactive guidance

Choose the company type and services you will require:

Inform yourself and choose between the best corporate form to suit your company – Sociedad Anonima, Sociedad de Responsabilidad Limitada or S.A.P.I

2

3 Coordinate forwarding of powers of attorney and apostilles:

Sign your incorporation documents using our online virtual notary services and coordinate ordering your original corporate documents with apostilles.

We do the rest:

MexInc receives your documents via express courier and handles all remaining steps in-country, without the need to travel to Mexico.

4 S. de R.L. de C.V. (LLC)
vs S.A. de C.V(Corporation)?

S. de R.L. de C.V. (LLC)

Simple management structure: Easily assign powers to one or more managers with specific limitations on power and authorities as desired.
Pass-through tax status for U.S. clients: Obtain a foreign tax credit from the IRS on nearly all income taxes paid in Mexico.
Minimal corporate governance requirements: No statutory auditory or shareholder commissioner requirements, and simplified shareholder structure.

S.A. de C.V. (Corporation)

Attractive for raising capital: Strong protections for minority shareholders available and adherence required to assembly and voting formalities.
Multiple Classes of Stock Available: Multiple shareclasses with economic and voting preferences can be adopted.
Requires Appointment of Shareholders Commissioner: A disinterested third-party must be appointed to represent the interest of the shareholders before the board of directors

Why Form an LLC
in Mexico?

Detailed Process to Start an S.A de C.V. or Mexican Corporation Added detailed description of steps.

01 Notarize POA & Collect Documents:

MexInc processes all notarized documents and in most cases can utilize our remote notary service via secure video conference to obtain signatures.

02 Obtain apostilles:

MexInc process required apostilles and legalizations authorizing the documents for use in Mexico.

03 Reserve corporate name:

MexInc obtains the authorization for the company’s corporate name from the Mexican Secretary of the Economy.

04 Articles of Incorporation:

MexInc drafts the articles of incorporation and bylaws for the newly formed company, reviews with the client, then signs the articles of incorporation completing the initial filing.

05 Foreign Investment Registration:

MexInc files the foreign investment notice with the National Registry of Foreign Investment.

06 Obtain RFC ID:

MexInc schedules and attends the tax registration appointment with the local tax authorities.

07 Electronic Signature:

MexInc schedules and attends the e.Signature (e.Firma) registration appointment with the local tax authorities.

08 Bank Account Processing:

MexInc coordinates all document collection and processing of the local bank account. Where possible, this process is handled via online digital signature of banking contracts.

Let the numbers speak for themselves

Service affiliations with Amazon, Mercado Libre
Hundreds of companies created

0 M+

USD in foreign direct investment in Mexico

0 Y+

Of experience advising foreign companies

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Representing more than 20 publicly traded companies

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Services provided to 4 of the highest grossing sellers on e-commerce market places world-wide

Testimonials

Our company used MexInc Consultants to incorporate our company in Mexico, find an office, recruit our employees and run our payroll, and accounting. We couldn’t be happier. The inconvenience of having one company to handle everything made the process so much easier.

We came to MexInc Consultants to import and sell our electronic products in Mexico. We are a manufacturer of high-end speaker and audio systems. MexInc not only certified our products to be sold in Mexico with their accredited laboratory, but also set up all of our logistics and importation processes.

MexInc Consultants has worked with us since 2017. We didn't know anything about this market. They did an excellent job at educating us as to the local requirements and ensured that we avoided so many challenges. Now, we obtained our textiles importers permit and distribute products to Sears and Home Depot. We couldn’t imagine a better partner of the last decade.