Legislative Reforms Open Mexico’s Financial Sector to Foreign Institutions
In 2014, the Mexican government announced comprehensive reforms of the regulations governing financial institutions.
Asian banks are crossing the Pacific as some of the primary pathfinders in Mexico's newly open financial services markets.
By Francisco Garcia-Naranjo González, Francis Zou and Mariel Martínez Zárate
For most of Mexico's history, foreign state-owned entities were not permitted to participate in the capital ownership of a Mexican bank. This meant that Mexico's heavily regulated financial services industry was effectively closed to all banks whose owners or investors included foreign sovereign entities.
This changed in 2014, when Mexican legislative reforms began allowing these banks to establish subsidiary operations in Mexico in limited circumstances.
Almost immediately, Asian banks began crossing the Pacific as some of the primary pathfinders in Mexico's newly open financial services markets.
The trends that initially drew Chinese, South Korean and other Asian financial institutions to set up their own banking institutions in Mexico continue in the current investment climate. These include opportunities to provide financing support for Asia-based multinational manufacturers and other Asia-based corporations in Mexico.
Depending on political and trade developments over the next few years, the growth potential for Asian financial institutions in Mexico could continue to increase even further.
Asian banks were among the first to take advantage of new opportunities for foreign financial institutions in Mexico.
Legislative Reforms Open Mexico’s Financial Sector to Foreign Institutions
In 2014, the Mexican government announced comprehensive reforms of the regulations governing financial institutions.
Asian banks were among the first to take advantage of these newly available opportunities for foreign financial institutions in Mexico.
Challenges and Creativity: Establishing a Foreign-owned Bank Subsidiary in Mexico
Obtaining the authorization to establish or acquire a bank in Mexico requires creativity, a deep understanding of Mexican regulatory authorities' procedures and a patient investment approach.
Establishing a bank in Mexico can be time-consuming and present varying detailed challenges, depending on a bank’s individual circumstances.
Establishing a bank in Mexico can be time-consuming and present varying detailed challenges, depending on a bank's individual circumstances. Overall, a patient, flexible approach and creative problem-solving are most likely to bring effective results. In general, Asian banks find it most useful to follow these steps:
Since the filling will require detailed information and analyses from the applicants, working from the beginning of the project with the relevant authorities to seek their advance feedback can help make the application significantly more efficient.
It's a good idea to begin the planning process even before submitting an application with the Comisión Nacional Bancaria y de Valores (CNBV), Mexico’s national banking and securities commission, since the new bank will have only 180 calendar days to commence operations in Mexico and prepare for an inspection by CNBV after obtaining approval of its deed of incorporation.
CNBV, with a favorable opinion of Mexico's Central Bank, must approve the application and can request additional information during the authorization process.
The deed of incorporation, executed with a Mexican notary public, must be filed with CNBV for approval within 90 days after receiving CNBV's official approval.
This includes compliance with a series of difficult issues, including adjusting complex IT infrastructure systems to Mexican requirements, among other start-up challenges.
It's important to bear in mind that the new bank will face ongoing compliance with the applicable laws and regulations and inspections from the relevant banking authorities.
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