SOFOM Incorporation
A multiple-purpose financial company grants loans, financial leasing or factoring without collecting public deposits. Incorporating it has two stages, and only the first occurs before the public official.
Scope
What this service includes
- Incorporation of the corporation with the corresponding corporate purpose
- Drafting of bylaws with lending, financial leasing or factoring purpose
- Registration with the Public Commercial Registry
- Guidance on subsequent regulatory steps
Real cases
When do you need it?
Lending without being a bank
The SOFOM allows providing financial services without collecting public deposits, with a more agile regulatory framework than a credit institution.
Financial leasing or factoring
If the corporate purpose is financial leasing or financial factoring, the SOFOM is the corresponding regulatory modality.
Two possible regimes
Regulated entity, with a capital link to a credit institution as defined by law, or unregulated entity, which is the vast majority operating in the country.
Step by step
How the process works
Consultation and design
We define the base corporate structure (S.A. or S.A.P.I.), the corporate purpose and the regime the SOFOM will be subject to.
Incorporation
We draft bylaws, sign the policy and register with the Public Commercial Registry.
Subsequent steps
The company must obtain the CNBV technical opinion on anti-money laundering and register with CONDUSEF.
Start of operations
Without both registrations the company cannot operate as a SOFOM or use that denomination.
Frequent questions
Frequently asked questions
Does the public broker handle the CONDUSEF registration?
No. The public broker incorporates and registers the company. The opinion and registration correspond to the company and its specialized compliance advisor.
Can an existing company adopt this modality?
Yes. An assembly agrees to amend the bylaws to adopt the purpose and denomination, and from there it follows the same regulatory path.
Can the word SOFOM be used in the name from incorporation?
The name is authorized and recorded from the instrument, but the company cannot present itself or operate as a SOFOM until it obtains the registration. It is best to clarify this before printing stationery or opening accounts.
Is your case commercial?
Describe the act you want to perform and we will confirm whether we are the appropriate official. If we are not, we will tell you.
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