Скачать или смотреть Understanding how Fideicomiso is a tool too owning property in Mexico. Your protection, and future.

A home in Mexico can be sold, left as an inheritance, or rented. JAnthony Garnica, of BornToBeVenture.com, explains the truths and myths in layman's terms for foreigners.
"Fideicomiso" means "trust" in Spanish.
Under Mexican law, it lets foreigners own property in restricted areas, like coastal and border areas. A Mexican bank manages the trust, and the beneficiary has all the rights and responsibilities of direct ownership, including leasing, selling, passing on, and devising. The trust usually lasts 50 years and can be renewed for another 50 years. The Fideicomiso setup adheres to constitutional provisions that prohibit direct foreign ownership.

However, it gives the buyer full rights to the property, but they are named as the first beneficiary to use. The trust cannot be compromised unless there is fraud, misrepresentation, or failure to pay maintenance fees.
Falling behind on the annual fee will not result in the loss of the property, but it will lead to fines and interest that must be paid off before selling. Forming a Mexican Company to hold property assets, offering the flexibility to lease these assets. However, it’s crucial to discern between buying property and truly owning it. In Mexico, these are distinct concepts.
Many individuals purchase property but fail to secure actual ownership. Now, let’s delve into the intricacies of the Fideicomiso and its role in property ownership for foreigners. A Fideicomiso, or a Mexican Trust, is not a land lease agreement; it’s a legal trust structure mandated for foreigners to own property within Mexico’s restricted zones. These zones encompass land within 100 kilometers of the US border and 50 kilometers along the Mexican coastline. The Mexican Constitution restricts direct land ownership by foreigners within these zones. However, legal amendments in 1943 and the establishment of the Mexican bank trust system provided a constitutional workaround for foreigners to own residential property in these zones. Functioning of a Fideicomiso A Fideicomiso grants foreigners the right to use and enjoy property within the restricted zones. The property is held in a real estate trust, recorded under a Mexican trustee’s name, typically a Mexican bank’s trust department. This setup adheres to constitutional provisions that prohibit direct foreign ownership. Trustees, in exchange for an initial setup fee and subsequent annual maintenance fees, manage the trust. They cannot transfer property or beneficiary rights without the beneficiary’s written consent. The Mexican bank trust is deemed the safest method for foreigners to own real estate within the Constitutionally Restricted Zone. The rights you acquire in a bank trust are akin to those in other countries, encompassing the freedom to improve, build upon, mortgage, sell, or maintain the property as desired. If you choose to sell your property held in a Fideicomiso, the process typically involves notifying the bank to initiate a change of beneficiary in the trust. The new buyer will then seek approval from the federal government for this change. However, if you transfer your trust beneficiary rights to a Mexican national, they can opt to take direct title, keep the property in the trust, or remove the property from the trust and assume direct ownership.

1. Establishing a Mexican Bank Trust, known as a Fideicomiso.
2. Forming a Mexican Company to hold property assets, offering the flexibility to lease these assets.