GUIDE TO INVEST

How can I invest in Aguascalientes

Fill the investment Questionnaire

The Aguascalientes Ministry of Economic Development requests that any investor who is prospecting Aguascalientes as an investment destination must complete the investment questionnaire, in order to have a profile on the investment project and define the most practical way to assist the company in its process of decision making.

Get a Visa

Any foreign investor requires a visa to conduct business activities in Mexico who seeks to know different investment alternatives, make a direct investment or supervise it, represent a foreign company, or carry out commercial transactions.

The procedure must be done before the National Migration Institute. The maximum resolution time is 35 calendar days.

General requirements:

  • Official Migration Procedure Request Form, duly answered and signed in original and copy.
  • Copy and, where appropriate, original to check all the pages of the valid passport from abroad.
  • In the event that the interested party carries out the procedure through a proxy or a legal representative, the latter must prove such character with power in their favor granted by the foreigner, and a copy of a valid official identification containing photograph and signature of the proxy or legal representative, as appropriate.

For more information on these and other requirements, consult the Migration Procedures Manual of the National Migration Institute: Manual of Immigration Procedures.

Regulation and Registration of Foreign Investment (RNIE)

The National Registry of Foreign Investments (RNIE) is the Federal government area responsible for accounting and monitoring foreign investment flows. It gathers the information it receives and produces reliable and timely statistics under international standards on the behavior of FDI flows in Mexico.

What is obtained is a questionnaire that is submitted to the RNIE that accredits the personality of the person who signs, and registers foreign individuals or corporations.

For more information, visit the following website: FAQ RNIE.

Guide to fill-up the RNIE questionnaire: RNIE Guide. 

To Register in the RNIE you can do it in the following league: RNIE.

Constitution of the Company, Registration with the Public Registry of Property and Commerce, Public Brokers and Notaries (RPPC)

The creation of the Constitutive Act is a document that gives life to the company and stipulates all the general and basic aspects of the company: company name, objective, type of company, administration and control of the same, duration, etc. This document is made by notaries.

The RPPC is a public institution that guarantees certainty, legal certainty and protection of property, its transmission, encumbrances and the effects of registered rights, as well as legal acts performed by companies and legal entities.

Registration can be done through Public Brokers and Notaries, who are in charge of all the corresponding procedure. In addition, this is a procedure that is carried out together with the constitutive act and at the end of it the “Registration form for the Public Registry of Commerce of the State” is attached, this document supports the validity and correct registration of the company at the RPCC.

The RPCC is an institution dependent on each of the States of the Mexican Republic, that provides security and publicity to certain legal acts that involve a real estate or a commercial company.

RPCC: Public Registry of Commerce of the State

More information in the following link: RPPC AGS.

What is a Notary and a Public Broker?

Notary

  • Is a lawyer specialized in commercial and civil business as a notary public and legal advisor to investors, entrepreneurs and individuals.
  • The contracts granted before the Notaries are a guarantee of legal certainty granted by the Mexican State to those who request their service.
  • The Notary Intervenes among other things in: Purchase and sale of real estate, constitution of companies, granting of purchase mandates and shares of Trust Societies in Beaches and Borders.

Public Broker

  • Is a particular expert in law, specialized in commercial and economic-financial aspects, to whom the Mexican Government entrusts the functions of mediating agent, expert witness, legal advisor, arbitrator, public notary, among others.
  • The Public Broker provides security, confidence, efficiency and dynamism to his interventions, being a qualified market technician, he is an expert, honest and impartial mediator.

RFC Registration – Federal

The company must be legally constituted according to the fiscal and commercial laws of the country. For this you must register to obtain the RFC (Federal Taxpayers Registry) and thus obtain the Tax Identification Card. This is a free process; it can be done online or in person. This procedure is done through the Ministry of Finance and Public Credit (SHCP). The RFC is equivalent to a TAX ID.

To know the requirements and procedures, check all the information here: SAT.

Procedures for the Mexican Social Security Institute (IMSS) -> Employer Registry.

t establishes that all employers must register to the Mexican Social Security Institute (IMSS), to affiliate their workers within a period not exceeding 5 days and determine the worker-employer fees monthly. This guarantees to the workers the medical care and their savings for retirement.

Responsible Authority: IMSS. 

  • Employer registration with the IMSS online:
  • To register as a Moral Person employer with the IMSS, it is necessary to register your company. To complete this process online, you must be registered in the Virtual Desktop. You will need to:
  • CURP
  • FAITHFUL
  • Email

Result: You will be assigned an Employer Registration Number with which you can meet the corresponding payments.

When carrying out this procedure, the companies will be automatically registered with the Institute of the National Fund for Workers’ Housing and the Retirement Savings System.

  • Registration of companies in the Occupational Risk Insurance at the IMSS:

If you are an employer or retainer of employer worker fees and provide personal services (outsourcing) you can obtain an employer record by class.

Check this procedure in: Employment Registration process and Enrollment in Work Risk Insurance.

These procedures before the IMSS must be carried out within five business days following the hiring of the workers.

Procedures before the Institute of the National Housing Fund for Workers (INFONAVIT)

There are different procedures that must be submitted to INFONAVIT, some of which are listed below:

  • Enroll and enroll your workers in INFONAVIT.
  • Present to INFONAVIT the notices of any circumstance that affects its registration before the Institute. (change of address, closing, merger, spin-off, alienation ...)
  • Submit to INFONAVIT the notices of high, low, modification of wages, absences and disabilities and other data of the workers necessary for INFONAVIT.
  • Determine and make the payment of contributions to the National Housing Fund for payment in the housing sub-account, as well as withholding and finding out discounts at INFONAVIT offices.
  • Employers must register their workers in INFONAVIT, within five business days from the date of commencement of the employment relationship. In the case of workers who provide services to various employers, the obligation to register them is considered for each employer.
  • or the registration of workers, employers must present the social security number that IMSS has granted to said workers.

Responsible authority: INFONAVIT.

Opening the Company

Within this step, different procedures required by the city council and the state are broken down. There are two aspects for the realization of the opening of the company: The System of Fast Opening of Companies (SARE), this system resolves your procedure in 24 hours, however, it can only be done if your company is positioned within the low turn risk (CATALOG OF GIROS 2014.pdf).

On the other hand, the Standard Opening system includes these procedures:

  • Alignment and Urban Compatibility Report
  • Land use - Proof of Alignment and Urban Compatibility (Municipality)
  • ISSEA / COFEPRIS operation notice (as the case may be - product for human, chemical or hygiene consumption)
  • Companies must submit the procedure to the Ministry of Health: SSA-04-001-A Operation notice, modality A Initial notice, within ten business days following the date on which they had obtained their registration in the RFC.
  • Environmental Procedure- As the case may be
  • Additionally, in those activities where Notice of registration as a hazardous waste generating company is specified, companies must submit the procedure to the Ministry of Environment and Natural Resources: INE-04-004-A Registration notice as a hazardous waste generating company , General A modality, within a period not exceeding three months, counted from the date of registration in the RFC.
  • Basic Environmental Information Questionnaire - Municipality
  • tate environmental impact (preventive or manifest report) - State (SSMAE)
  • Civil Protection Procedure- As the case may be
  • Civil Protection Opinion - Municipal
  • Internal Civil Protection Plan - State
  • Operation license - Municipal

Specific permits by money order.

Depending on the sector that your company belongs to, you will need to obtain different permits.