10.07.2015 Views

1E9Ct5D

1E9Ct5D

1E9Ct5D

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

protection of its/his/her government (“Calvo Clause”), and (2) the SRE grants thecorresponding permission.1.1.2. Acquisition of real estate by Mexican companies with foreign investmentFor Mexican companies with foreign investment, to be able to acquire rights over real estatelocated in Mexican territory, they must have a Calvo Clause in their company by-laws. Furthermore,the type of rights that these companies can acquire—either direct ownership orrights of use or enjoyment of the real estate—depends on where the real estate is located.a) Restricted zone. In the case of real estate located in the restricted zone, the purposefor which such property will be used must be taken into account:• Residential purposes. Mexican companies with foreign investment cannot acquiredirect ownership of real estate located in the restricted zone when it will be usedfor residential purposes, that is, for housing for the use of the owner or thirdparties. In this case, such companies may only acquire the rights of use or enjoymentof the real estate through a trust with the prior permission of the SRE;• Non-residential purposes. Mexican companies with foreign investment can acquiredirect ownership of real estate located within the restricted zone provided suchproperty will be used for non-residential activities. In this case, a notice must befiled with the SRE after the acquisition;b) Unrestricted zone. There is no restriction on Mexican companies with foreign investmentacquiring ownership of real estate located outside of the restricted zone, providedtheir by-laws contain the Calvo Clause.The above-described rules applicable to the acquisition of real estate by foreigners orMexican companies with foreign investment can be summarized as follows:39Foreign Investment RegulationForeign individualsor entitiesMexican companies withclause admitting foreigners:a) Residential purposesb) Non-residential purposesRestricted zoneAcquisition of rights of useand enjoyment through atrust; permission requiredAcquisition of directownership; permissionrequiredAcquisition of directownership; notice to SREUnrestricted zoneAcquisition of directownership; permissionrequiredAcquisition of directownership; Permission notrequiredAcquisition of directownership; permission notrequired

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!