Doing Business México 2020 MEX | Seite 12

Doing Business 2020 Mexico Details – Starting a Business in Monterrey – Procedure, Time and Cost No. 1 Procedures Obtain the authorization of using the company name online and file the draft deed of incorporation with the notary 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). Time to Complete Associated Costs 2 days no charge 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. 2 Notary prepares the deed of incorporation and parties sign it at the notary public Agency : Public Notary The company’s deed is prepared by a notary. Upon receipt of 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. 2 days MXN 8,500 3 File the deed of incorporation with the Public Registry of Commerce Agency : Public Registry of Commerce In order to notify the act of incorporation, companies must file the deed of incorporation with the Public Registry of commerce. Less than one day 5 per thousand of share (online procedure) capital Less than a day (online no charge 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. The registration fee is 0.5% of the share capital to subscribe. The minimum fee is 422.00 pesos and the maximum fee is 48,159.00 pesos. Once the fees are paid the information is uploaded into the portal (http://www.siger.gob.mx/), the pre-coded forms are filled out with information included in the articles of incorporation and they are sent to the Public Registry of Commerce where 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. 4 Obtain a Tax Registry Number with the Tax Authorities (Sistema de Administración Tributaria - SAT) Agency : Tax Authority (Sistema de Administración Tributaria - SAT) The company must be registered at Registro Federal de Contribuyentes (RFC) from the Tax Authority. Notaries are able to register the company via the online portal (https://www.siat.sat.gob.mx/PTSC/). He/she submits the company information and obtains the RFC number and the Tax Identification Card (Cedula de Identificacion Fiscal) in pdf format. procedure), 1 day if done by the entrepreneur The legal representative can also register at the RFC for the company but needs to go in person to a Tax Authority office. She/he must file in the following documents: (i) Pre-application online form, (ii) Act of incorporation of the company, (ii) the power of attorney that proofs hers/his representation, (iii) official ID of legal representative and (iv) proof of fiscal domicile. Page 12