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.
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Subsidiaries of foreign investment funds, including foreign sovereign investment funds, may now own a bank in Mexico
In 2014, the Mexican government announced comprehensive reforms of the regulations governing financial institutions. Mexico amended, supplemented and repealed various legal provisions, including amending 34 legal statutes to foster greater competition in the financial and banking system by creating incentives to increase lending, as well as a new mandate for development banks. These reforms sought to strengthen both the stability of financial institutions and the powers of financial authorities in regulatory, monitoring and enforcement matters.
The reforms included amendments clarifying how foreign state-owned entities can legally participate in Mexican financial institutions. They set out the rules that require prior approval from Mexico’s national banking and securities commission—the Comisión Nacional Bancaria y de Valores (CNBV)—before foreign governments may invest in Mexican commercial banks, as a temporary prudential measure, in cases where foreign entities receive financial support or are rescued. The reforms made it clear that this type of intervention should be only through official entities that do not exercise direct authority or control over the Mexican bank. Thus, foreign government participation in a Mexican financial institution must be indirect, without direct control. The reforms also regulated in more detail the procedures for exchanging information with foreign authorities and verification visits.
As a result of the reforms, it became possible for a foreign institution to participate in a Mexican bank as long as the investing entity does not exercise authority over the bank. Subsidiaries of foreign investment funds, including foreign sovereign investment funds, may now own a bank in Mexico.
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