Investing in a Mexican business is one of the most significant financing action that an individual can make in his/her lifetime. Completing a research called due diligence in Mexico is necessary before making any business decisions. If you are buying a company and want to run a due diligence process in Mexico, you can rely on our experienced attorneys. Our Mexican lawyers can provide you with commercial, financial, and legal due diligence.
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The due diligence process in Mexico
If you want to detect potential risks in the company you intend to purchase, you must run a due diligence process in Mexico. It is a process that identifies the risk of an adverse event that can occur within your business, such as loss of key staff, legal claims, market slumps, or default on payments, etc. If you know these factors of any company before purchasing it, you can make a much better decision regarding if you want to invest in such a company or not.
The due diligence process typically encompasses several key evaluations. Our specialized attorneys in Mexico recommend the following steps:
- Capitalization Analysis: This involves determining the overall size of the business, which is critical for understanding market capitalization, especially during stock evaluations, as it indicates possible volatility;
- Revenue and Profit Trends: Analyzing a company’s gross revenue, profit margins, and return on equity is essential to gauge its financial health and growth trajectory, particularly for investments in corporate bonds or equities;
- Competitor and Industry Assessment: An evaluation of competitors is crucial, as a company’s market position is influenced by its rivals. It is advisable to analyze two or three competitors to clarify the market potential for the company’s products;
- Valuation Metrics: This includes reviewing key ratios such as the price-to-earnings (P/E) ratio, price-to-earnings growth (PEG) ratio, and price-to-sales (P/S) ratio, among others.
As an additional step, our law firm in Mexico can provide more detailed information about other components of the due diligence process and assist in establishing a business in Mexico.
Who performs due diligence checks in Mexico?
Various professionals can carry out due diligence in Mexico, including:
- lawyers;
- equity research firms;
- fund managers;
- individual investors;
- risk analysts;
- broker-dealers.
Regardless of the situation—be it a merger or investment—conducting a due diligence check in Mexico is crucial for any business looking to safeguard its interests. Our law firm in Mexico offers comprehensive support for this process. In addition to the services related to due diligence, you can obtain the legal services of our lawyers regarding debt collection in Mexico.
Real estate due diligence for foreigners in Mexico
As a foreigner, buying property might be challenging, but the support of the lawyers at our law office in Mexico can make it an easy task for you. However, if you are not a Mexican, you might overlook some factors that must be considered. For example, after purchasing the property, you might find out that the land was not authorized to be sold or the property had a construction lien against it. Our Mexican lawyers undertake a comprehensive and rigorous approach to due diligence in Mexico to protect foreigners from such frauds. Please find below how our lawyers in Mexico City ensures that this business is safe to invest:
- Review offers and sale contract;
- Our lawyers practice due diligence in Mexico to ensure that there is no claim against the property;
- Ensures that the property is not a part of an Ejido (agricultural land provided by the government to the Mexican people);
- Clarify if the owner has the right to sell the property;
- The property tax paid up to date;
- An official survey of the property (cadastral certificate);
- Proof of non-debt by water companies issued by AGUAKAN and CAPA;
- Proof of non-debt from municipal public works;
- Proper manifestation of renovations of the property.
Additionally, foreigners must be aware of other potential legal challenges when purchasing real estate in Mexico, such as land disputes, unclear ownership titles, and unpaid property taxes. In some cases, a property may be encumbered by an “Ejido” land claim, where the land was initially granted to farmers under government programs, making it ineligible for sale to non-citizens. Comprehensive due diligence processes in Mexico can help uncover these issues before a purchase is made with the support from our law office in Mexico.
All these legal services regarding the due diligence in Mexico will allow you to start a business with peace of mind without worrying about the possible threats. Our Mexican lawyers will evaluate if the concerned property or business is facing risks, and this will stop you from investing in the wrong place.
Legal framework for foreign investment in Mexico
The Foreign Investment Law, enacted in 1993, provides a clear framework for foreign investors to participate in the Mexican market, with provisions designed to promote transparency and legal certainty. In general, Mexico permits up to 100% foreign ownership in most sectors, but there are notable exceptions. For instance, industries such as broadcasting, telecommunications, and oil and gas are subject to restrictions on foreign ownership, requiring the establishment of joint ventures with Mexican entities or other specific arrangements. Before purchasing this type of company, our specialized lawyers can conduct detailed verifications regarding debt, creditation or trial cases that the companies are involved into.
Investors interested in entering the Mexican market should be aware of the legal mechanisms in place to encourage foreign participation and our attorneys can offer guidance in this matter. For instance, in some sectors, Mexico offers tax incentives, customs duty exemptions, and grants for foreign companies that establish operations in economically disadvantaged regions or that contribute to the development of the national infrastructure. Moreover, our lawyers can provide detailed information on how local and federal regulations around environmental protection, consumer rights, and anti-corruption measures may affect their business operations.
Get assistance from our specialized Mexican attorneys in order to start a successful process of investing in Mexico as a foreigner.
Benefits of due diligence in Mexico
Engaging in due diligence in Mexico serves as a vital protective measure for businesses. Here are four key advantages:
- Reputation Management: Aligning with companies that have ethical, legal, or financial issues can harm your brand;
- Financial Protection: Partnering with financially dubious businesses can expose you to unexpected debts due to penalties or legal ramifications;
- Corruption Risk Mitigation: It’s essential to assess potential partners’ approaches to legislation, tax obligations, and anti-corruption measures;
- Economic Viability Assessments: Due diligence helps verify the capabilities of potential partners, ensuring they are a good fit for your business objectives.
Foreign direct investment data in Mexico
Mexico is the world’s ninth-largest foreign direct investment (FDI) recipient. The significant investments come from the United States, Germany, Canada, and Spain; etc. These foreign investments are redirected into various economic sectors. So, these investments must be made with due diligence in Mexico to avoid any possible hazards. This step will help attract more foreign investments and retain them in the country for more extended periods. Please check below the percentage of FDI in different sectors of Mexico in 2023-2024:
- Mexico ranked 9th globally for FDI inflows in 2023, per UNCTAD;
- FDI inflows in 2023: USD 36 billion (similar to 2022 levels);
- By the end of 2023, Mexico’s total FDI stock reached USD 778.3 billion;
- In the first nine months of 2024, FDI inflows totaled USD 35.7 billion, marking a 9% increase compared to the same period in 2023 — the highest level ever recorded.
Besides due diligence in Mexico, you can also get more information about a variety of legal services offered by our lawyers, such as: immigration to Mexico, residence permits, debt collection and citizenship in Mexico. For example, after four years of continuous temporary residency, you can get a permanent residency permit in Mexico. This country also provides an option of citizenship by investment. If you choose to become a citizen of Mexico, you will get the power to vote, own property, and change your address or work without notifying the National Institute of Immigration (INM). If you plan to relocate to Mexico for good, you can also rely on our Mexican immigration lawyers. They will help you to obtain a visa by assisting you in the application and document submission process.
Consider contacting us if you need due diligence services in Mexico for your property or business. Our lawyers will provide you with comprehensive legal support in this regard.