Obtain the authorization of using the company name online
Agency: Ministry of Economy (Secretaría de Economia)
The company name can be reserved directly by the public notary through the following online platform: https://mua.economia.gob.mx/mua-web/muaHome. In the website, it must be indicated the following information: name, type of company and the notary public with whom the constitution will be formalized. Once all the information is provided, the notary must sign the request with the electronic signature (e.firma).
The Ministry of Economy will first check its availability and then proceed if it complies with the legal framework. The authorization is issued via email within the 2 next days and it is valid for 180 days.
Once the companie’s incorporation deed is made, the Notary Public will notify the Ministry of Economy of the using of the authorized company name.
Time and cost: 2 days, no charge
Notary prepares the deed and parties sign it at the notary public
Agency: Public Notary
The company’s deed of incorporation must be prepared by a notary. Upon receipt of the authorization regarding the company name, the notary proceeds to notify of the use of the corporate name and draft the articles of incorporation in order to be duly signed by the partners.
The founding partners must provide their general personal information (official identifications, Tax IDs) and a statement for the start-up capital, which is normally transferred to the new company’s management board. A bank account can be opened once the company has been incorporated.
It usually takes the notary 2-3 days for the notary to review the documents and process the final incorporation deed for execution by the relevant parties.
Time and cost: 2 days on average, MXN 10,500 (notary fees) + MXN 18,407 (registration fees)
File the deed of incorporation with the Public Registry of Commerce
Agency: Public Registry of Commerce
In order to publicize the act of incorporation, companies registered must file the deed of incorporation with the Public Registry of commerce.
The notary public is in charge of making the registration of the articles of incorporation at the Public Registry of Commerce whether in person or through remote electronic means. The following documents are required: (i) a duly notarized articles of incorporation (+ a copy) and (ii) a document certifying age above 18 years old.
Once the fees are paid the information is uploaded into the Siger system (https://rpc.economia.gob.mx/siger2/xhtml/login/login.xhtml) the pre-coded forms are filled out with information included in the articles of incorporation, then they are sent to the Public Registry of Commerce and enrollment takes place immediately.
Since December 15, 2018, the amended Law of Mercantile Corporations introduces the requirement to electronically notify any changes in the shareholders structure. At the incorporation moment, the initial shareholder structure is provided in the public deed at the Public Registry of Commerce. After incorporation, any share transfer should be electronically notified to the Ministry of Economy through the electronic system.
Time and cost: Half a day (online procedure), included in procedure 2
Obtain a Tax Registry Number (RFC) with the Tax Authorities (Sistema de Administración Tributaria – SAT)
Agency: Tax Authorities (Sistema de Administración Tributaria – SAT)
The company must obtain a Tax ID number (Registro Federal de Contribuyentes – “RFC”) from the Tax Authorities. Notaries are able do obtain it at the following web page:
https://www.siat.sat.gob.mx/PTSC/. He/she submits the information on the company and retrieves the RFC and the Tax Identification Card in pdf format.
The entrepreneur can also obtain the RFC but needs to go in person to the service center to obtain an electronic signature
Time and cost: Half a day (online procedure), 2 days if done by the entrepreneur; no charge
Register with the Mexican Social Security Institute (IMSS)
Agency: Mexican Social Security Institute (IMSS)
This is a federal procedure that is performed to enroll at least one worker in Social Security. The application may be pre-submitted online and then through a visit to the agency’s office the entrepreneur will obtain the registration. This procedure can be done enterely online with the electronic signature (e.firma) or with the Single Registry Number of Population (CURP).
The entrepreneur must file the following documents:
- Tax number (RFC);
- Proof of the company’s residency;
- Company’s localitation map;
- Incorporation deed recorded before the Public Registry of Commerce;
- Power-of-attorney (if applicable);
- ID of the attorney-in-fact or shareholder of the company; and vii) RFC and CURP of the company’s attorney-in-fact or shareholder.
The process is regulated by the Social Security Act and the Regulations of the Law on Social Insurance regarding Membership, Business Classification, Collection and Taxation.
At the same time the company registers with the IMSS, registration at the National Worker’s Housing Fund Institute (INFONAVIT) takes place and individual retirement savings accounts for the employees (Afore) are opened.
Time and cost: 1 day, no charge
Register with the local Tax Authorities (Secretaría de Administración y Finanzas de la Ciudad de México) for payroll tax enrollment
Agency: Local Tax Authorities (Secretaría de Administración y Finanzas de la Ciudad de México)
The company must register with the local tax administration and enroll in the Registry of Taxpayers for payroll tax (Inscripción de Datos al Padrón de Contribuyentes del Impuesto sobre Nóminas).
The company can register at the Alcaldia office and the documents required are the following:
- Articles of association and legal representative identification;
- Application form for enrollment;
- Taxpayer identification number (RFC);
- Notice of enrollment at the IMSS.
In addition, this procedure can be done online at https://innovacion.finanzas.cdmx.gob.mx/siscon/. The company will need the electronic signature (e.firma) and the registration of the legal representative.
The company is enrolled immediately, and it will receive a receipt of the application. Since September 2018, the annual payroll tax declarations should be presented only through the online platform with the company e.firma.
Time and cost: 1 day, no charge
Notify the local government (Alcaldia) online of the opening of a mercantile establishment
Agency: Local District (Alcaldia)
The notice of opening a mercantile establishment is fully completed online through the website www.sedeco.cdmx.gob.mx . For low risk activities, the notification record is received automatically in an email.
Time and cost: Less than 1 day (online procedure), no charge
Register with the National Business Information Registry (Sistema de Información Empresarial – SIEM)
Agency: National Business Information Registry (Sistema de Información Empresarial – SIEM)
Mandatory registration with the National Business Information Registry (SIEM) has been in effect since January 1997 for all business establishments subject to a tax regime and performing business activities. The company will be registered with the specific chamber corresponding to its corporate purpose or activities within the following 2 months after registration at the tax authority.
The pre-registration can be done through the portal https://siem.gob.mx/establecimiento/como-me-registro providing the information of the establishment or business location. The entrepreneur will select the payment method and he will wait for the visit of the personnel of the corresponding business chamber, who will validate the location of the business.
The cost varies with the number of employees and the company’s activities as shown below.
Fees for industry related activities (maximum fees):
- 6 or more employees: $ 670
- 3 to 5 employees: $ 350
- Up to 2 employees: $ 150
Fees for commercial and services related activities (maximum fees):
- 4 or more employees: $ 640
- 3 or less employees: $ 300
- Up to 2 employees: $ 100
The costs can vary from MXN $100 to MXN $670.
Time and cost: 1 day, the costs can vary from MXN $100 to MXN $670
