Professional Documents
Culture Documents
Unit 3: Instituto Politécnico Nacional
Unit 3: Instituto Politécnico Nacional
Unit 3: Instituto Politécnico Nacional
FOREIGN INVESTMENT
UNIT 3
STUDENTS:
Caso Luengo Caballero Natanael
Gallegos Rocha Claudia Alejandra
Montiel Fernández Esteban David
Zamora Hernández Ricardo de Jesús
4NVD
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INDEX
Unit 3 3
Bibliographies 10
UNIT 3
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This topic, is the most general part of unit three, the translative operations of
domino is a synonym of transference or transference of real estate in this case,
where there is an intermediary in Mexico, for the exchange of fixed assets for
foreigners, these are notaries public. They provide the corresponding vouchers for
the sale of the property. The guarantees are simply representative titles, which are
the guarantee in favor of foreigners who dispose of a fixed asset.
This issue is very closely related to Article 27 of the Mexican United States
Constitution, as it speaks about the right to acquire dominion over land, so under
no circumstances will foreigners be able to acquire a real estate directly for that
purpose to be promulgated the Foreign Investment Law to understand these
special cases
a) The maximum foreign contributions are 49% the rest, or 51% would have to
provide Mexicans
When a person acquire some stock certificates or share, they must pay for they
can manage this. The pay is proportional to the contribution that the socios do.
When the foreign investment already exists, is use for increase.
This types of goods can acquire by sale, barter, judicial adjudication, mortis
transmission, etc.
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3.1.4 Trusts
Is a document where a trustor to give some goods to fiduciary institution and this
institution the goods that received are directed to lawful and determined purpose
Trustor Trust
Transfer Trust
Administer
Goods
Beneficiaries
This are all the actions that a government should have when a foreign person want
invest in another country for reduce or eliminate some problem or risk. All the
guarantee that have the foreign people when acquire goods for foreign investment.
Article 27 of the Mexican Constitution regulates the ownership of lands and waters
in Mexico
FIL allows foreigners to acquire a real estate outside the restricted area, provided
that such buyers submit a request before SFR (Secretary of Foreign Relations)
The SFR published that all the nationals of countries that maintain diplomatic
relations with Mexico, will only be asked to submit an application in which they
show their agreement in being considered like Mexican nationals.
If the real estate will be located in a municipality that is partially considered within
the restricted area, the SFR will resolve the request for the acquisition permit within
a period of 30 days from the date that the application was filed. If this property is
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located outside the restricted area, if the SFR does not publish its rejection in the
DOF, within 5 days of submitting the request.
Article 10 of the Foreign Investment Law establishes that a foreigner who owns a
Mexican company may purchase a real estate in the restricted area, provided that
such property is destined for non-residential purposes.
The trust will have a duration of 50 years, which can be renewed once the term
expires.
Fixed assets: These are the tangible assets used to carry out business activities.
The acquisition that a foreign investor intends to make will require authorization
when the percentage of that acquisition serves that corresponding to the foreign
investment to exceed 25% of the capital (or 49% of the fixed assets) of an
enterprise, as a consequence of other acquisitions made previously.
A. a new company, the foreign investor can not more than 49% of the capital
and the Mexican 51.
B. To a company that already operates, the total foreign investment can not
exceed 25% of the capital stock.
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Purpose: Incorporated by the operation of a company, a property unit with its own
life and capable of being immediately exploited or pending to be
Remuneration system: The price you pay for the consideration. It may be
composed exclusively of a fixed fee, or a fixed and a variable part depending on
the benefits that the lessee obtains.
Obligations of the tenant: to satisfy the price agreed, that is, to pay the rent
The right to foreign investments will be paid, according to the following quotas:
In the case of "shares traded abroad", R.R.I.E. provides for a generic authorization
The most important and immediate antecedent regarding this subject is the Law to
Promote Mexican Investment and Regulate Foreign Investment, which was issued
in 1973.
The National Commission of Foreign Investment had as one of its main functions
the promotion of the Mexican Investment mentioned above that must "grant a right
of preference to Mexican investors".
- Related Articles:
Article 6. Economic activities and societies that are exclusively reserved for
Mexicans with a foreign exclusion clause.
The word veto comes from Latin and literally means '[I] prohibit.' It is used to
denote that a certain party has the right to unilaterally stop a particular piece of
legislation. A veto, therefore, provides unlimited power to stop changes, but not to
adopt them.
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Related articles:
Article 72. Any draft law or decree, the resolution of which is not exclusive to any of
the Chambers, shall be discussed successively in both, observing the
Law of Congress and its respective regulations, on the form, intervals
and manner of proceeding in the discussions and votes.
3.4 Foreign Investments and its relation with banking and stock-market
operations.
The Financial System is a set of institutions that are responsible for capturing the
economic resources of some individuals or corporations to make it available to
other companies or government institutions that require it to invest it.
Since 1988, measures have been established to strengthen the operation of the
Securities Market and to promote the participation of foreign investors in securities
of national issuers.
Risks Benefits
• If the ownership of companies in foreign • Allows the transfer of technology.
hands grows too much, a process of • It promotes competition in the domestic
decapitalization may occur. market of inputs.
• Create harmful competition for local • When a country receives foreign direct
business. investment they often obtain training for
• Can generate the multinationals come to employees, this contributes to the
dominate the market. development of the country's human
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Bibliographies
http://e-paf.com/cfdi-en-operaciones-traslativas-de-dominio/
http://www.paseroabogados.com/downloads/inmobiliario.pdf
https://archivos.juridicas.unam.mx/www/bjv/libros/2/857/7.pdf
http://www.eumed.net/libros-gratis/2008c/427/Distrito%20Federal.-%20Codigo
%20Civil.pdf
http://www.profeco.gob.mx/juridico/pdf/c_comercio.pdf
http://www.diputados.gob.mx/LeyesBiblio/pdf/144_140316.pdf
https://prezi.com/ihdknwggkspx/inversion-extranjera/
¿Qué beneficios aporta la inversión extranjera? / Finanzas y Desarrollo / Junio de
2001
http://hoy.com.do/que-efectos-reales-tiene-la-inversion-extranjera-en-un-pais/
http://www.zonaeconomica.com/inversion_extranjera
https://archivos.juridicas.unam.mx/www/bjv/libros/2/857/8.pdf