Corporate law

Choosing the right company structure: the decision that avoids legal and tax risk

Choosing the right company structure: the decision that avoids legal and tax risk

· Corporate law

Choosing the right corporate vehicle is one of the few decisions that is cheap to get right at the start and expensive to correct later.

The main options in Mexico

The Sociedad Anónima (S.A. de C.V.) is the standard vehicle for businesses expecting outside investment. Ownership is in shares, which transfer relatively easily, and it is the structure investors expect to see.

The Sociedad de Responsabilidad Limitada (S. de R.L.) works with partes sociales rather than shares, transfers require partner consent, and it is often preferred by United States investors for tax treatment reasons.

The Sociedad por Acciones Simplificada (S.A.S.) can be incorporated online by a single shareholder with no minimum capital, but it carries a revenue ceiling and is not suitable once the business scales.

What actually drives the choice

Whether you will raise capital, how many partners there are, expected revenue, whether foreign shareholders are involved, and how you plan to exit. Personal liability is limited in all three, but only if the formalities are respected: separate accounts, proper minute books, and resolutions recorded.

One thing founders forget

Decide from the outset which entity will own the intellectual property. A brand registered in a founder personal name while the company trades under it creates a problem that surfaces in the first round of due diligence.

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