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Buy in Mexico • Playa Mujeres, Cancun, Mexico

Playa Mujeres, Cancun, Mexico

LEGAL ASPECTS

The Mexican State grants foreign investors the right to posses real estate 50 km. along the coast line and/or 100 km. along the borders, through a Trust that must be authorized by the Ministry of Foreign affairs.


The settlement of such trust may be done following the steps described herein under:


1. Designate an authorized trustee among the financial entities that are legally established in Mexico.

2. In order for the trustee to establish a trust in your favor it must obtain a permit from the ministry of foreign affairs. The trustee may handle this matter, in such case the beneficiary would only be responsible for providing the proper documents and covering the corresponding expenses.

3. Once the Ministry Of Foreign Affairs permit is obtained, a trust deed shall be signed by the involved parties before a Notary, who is a public faith grantor obligated to assure the authenticity and lawfulness of the transaction.

In order to streamline the buying process, La Amada Residences will gladly suggest several local real estate attorneys such as Stewart Title Riviera Maya, will assist you throughout the mentioned procedure .

Characteristics of the Trust Deed:

I. The Beneficiary acquires the right to use and enjoy the Real-Estate property of the trust fund.
II. Alternate Beneficiaries may be appointed for the event of death to avoid Probate.
III. The Beneficiary shall have the right to transfer its rights and to freely agree upon the contribution or payment.
IV. The Beneficiary shall have the authority to instruct the Trustee to transfer the Real-Estate Property to individuals or legal entities with legal capacity to acquire them.
V. Prior to the agreement with the Trustee, the Trust deed may be amended under the understanding that a prior authorization granted by the Secretariat of Foreign Affairs shall be necessary in order to amend the purposes and/or to increase the subject matter of the Trust Agreement.


Requirements of incorporation and fee's
1.- The authorization from the Secretary of Foreign Affairs that appoints article 11 of the Mexican Foreign Investment Law;

2.- A deed attested and certify by a Mexican notary, who is obligated to assure the authenticity and lawfulness of the transaction.

This document is for information purposes only, under no matter or circumstance can this be considered as legal or tax advise; its recommend to have professional advisors on these matters.

 
 
 
     

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