The joint-stock company in Mexico works through various bodies such as the advisory body, the administrative body and the supervisory body. The director of the company may be appointed from among the shareholders or be a third party outside ± or company. Only natural persons can be directors. Starting a business often means starting a trading company. The confusing system of procedures for the constitution of this company reflects the legal fact of the constitution of a commercial company with its own personality and therefore with rights and obligations towards third parties. In addition to the procedures for setting up a business, it is normal to be obliged to register in certain registers or to apply for the granting of certain authorisations for the start or development of an activity. Mexicans and foreigners may form Mexican companies that are subject to the provisions of the Political Constitution of the United Mexican States, the General Law of Commercial Companies, the Commercial Code and other provisions of commercial law, as well as in addition to the provisions of the Federal Civil Code. and as required by the Foreign Investment Law and the Migration Law. The joint-stock company is a type of commercial company that exists under a company name and whose shareholders have an obligation limited to the payment of their shares or their participation in the share capital. The founder`s obligations are credit instruments that represent a special and temporary advantage for the founding partners, which is reflected in the acquisition of the participation granted in the annual profit, which must not exceed ten percent, nor cover a period of more than ten years from the creation of the company, and this participation can only be covered after the payment of a dividend by the shareholders to the shareholders.
5% on the displayed value of its shares. In Mexico, companies can be incorporated according to one of the two procedures provided for by the regulatory law, since they are the only ones that can be incorporated publicly or successively: Articles 6 and 89 of the General Law on Commercial Companies stipulate as conditions for the constitution of companies the following: A joint-stock company that promotes investment can become a company, which can be listed on the stock exchange, either as a joint-stock company that promotes stock market investments or as a stock exchange company. Other benefits of these alternatives include the development of capabilities that will be very useful in generating long-term growth. [3] The management of the public limited company is an ancillary activity (and not as in the limited liability company, where the administrative body is located) which, in order to support the tasks of the administration of this body, attends the management of the affairs of the company with powers of representation whose appointment corresponds to the ordinary general meeting. or the managing authority and the manner in which they may or may not be members of the company. The purpose of the application for authorization to use the name is to obtain the approval of the Minister of the Economy so that a company can use a certain designation that is not already used by another company or that is not so similar in its degree of confusion to another that© is already used by another company. The name is the name given to an anonymous company. The designation is freely formed, a company cannot have the same name as another existing company, and it is necessary for its use to obtain the authorization of the Minister of the Economy to use the name or business name. The shares of the public limited company, which are those in which the share capital of the company is divided, must be equivalent and grant equal rights, or the articles of association may stipulate that shares of different classes have special rights for each class.
Shares can be voting votes or limited votes. The only obligation incumbent on the partners is to cover the amount of their contribution to the social unit within the agreed period. In case of fault, the company can claim it in court or even sell it. It will also be necessary to add the expression “Sociedad Anónima” or its abbreviation “S.A”. The aim is for third parties to be able to identify the type of commercial company in question so that, in the event of insolvency, they know that shareholders do not react to debts with all their assets, but according to the amount that is contributed to the share capital. A foreigner can be a partner of a Mexican company as long as the company has established a clause in its statutes for the admission of foreigners, and also foreigners must agree before the Minister of Foreign Affairs to consider themselves as nationals and not to invoke the protection of their governments. In Mexico©, people`s right of association is recognized, which refers to their right to form an association or company, provided that they do so for a legitimate purpose. This is stated in article 9 of the Political Constitution of the United Mexican States, which states in its respective part: “The right to unite peacefully or to assemble for a legitimate purpose shall not be restricted”. The advisory body of public limited companies is the general meeting and the supreme organ of the company. The General Meeting holds regular meetings and is divided into: these are aspects of the action that will be the subject of an individualized investigation in this chapter, which will also address the problem of the acquisition of own shares by the company. [Citation needed] The supervisory body of the public limited company is composed of the commissioner or commissioners, whose main task is to supervise the actions taken by the directors so that they do not benefit from them at the expense of the shareholders. Directors may be appointed from among the members or shareholders or may be outside the corporation.
Only natural persons engaged in self-employment may be entitled to this appointment. Similarly, they must offer a guarantee in order to be able to execute the position. As in most laws, in Mexico, the following elements are recognized as the main characteristics of public limited companies: The supreme organ of the public limited company is the general meeting of shareholders. General meetings may be ordinary or extraordinary and may meet at the registered office in good time, with the formalities and to deal with the matters provided for by law. He is responsible for the decisions ± carry out the company`s activities. The company name is the word(s) that identify a company. According to section 88 of the LGSM, it is freely formed, and any word or expression may be used as long as the name is different from other companies. In most transactions, good faith between the parties is the best way to do things, but this does not prevent us from knowing the obligations acquired during the sale of products or the provision of services: information, guarantees, means of payment, etc. are all aspects that contain obligations and rights of a legal nature that should be known.
The company considers that the owner± of the shares is the one who is registered in the register of shares of companies.
