Mexico | Market Passport

Population: 129 million

Wealth in domestic bank deposits: 507 billion USD (December 2023)

Offshore expatriated wealth: 43.7 billion USD

Main offshore banking locations: United States

Number of individual brokerage accounts: 940,000 (2021)

Crypto adoption (% of population): 4.4 million (3.4%)

 

TLDR

 

Mexico has an open economy with minimal restrictions on foreign investment and capital flows. The regulatory environment is increasingly welcoming of financial innovation like fintech and cryptocurrencies, though risks are still emphasized to protect consumers. Overall access to foreign securities is straightforward, with transparency and reporting requirements. The country’s large unbanked population presents growth opportunities for financial services. Crypto adoption is rising steadily, driven by young users. Further crypto regulation aims to enable innovation while controlling illicit uses.

 

Exchange Controls

 

There are no restrictions or limits on transferring or converting Mexican pesos or foreign currencies in Mexico, both for residents and nonresidents. Individuals and corporations, domestic and foreign, can freely hold bank accounts in any currency, both domestically in Mexico and abroad.

 

The currency is allowed to float freely and can be exchanged in global markets. There are no restraints or requirements related to the import or export of capital. No restrictions exist on the repatriation of profits, income, royalties or other funds related to foreign investment in Mexico.

 

When entering or leaving Mexico, any cash amounts over $10,000 USD must be declared to customs officials. This applies to both Mexican residents and foreign visitors. There are also some moderate restrictions on US dollar cash deposits into bank accounts located in Mexico, intended to prevent money laundering:

 

– Individual account holders can deposit up to $4,000 USD per month across all bank branches associated with that institution.

 

– Non-account holder Mexican citizens can deposit up to $1,500 USD per month in cash.

 

– Non-account holder tourists and other visitors can exchange up to $1,500 USD per month into an account at a Mexican bank.

 

These limits on US dollar cash deposits do not affect wire transfers or online banking transactions. The restrictions are only enforced when making physical cash deposits directly at bank branches. Certain businesses near borders or tourist areas may qualify for exemptions allowing higher limits if they meet specific criteria.

 

Overall, the foreign exchange rules in Mexico are liberal and intended to facilitate international transactions. The country has shifted to a fully open capital account model to encourage foreign investment. There are no administrative hurdles or lengthy approval processes associated with currency conversion, transfers or profit repatriation.

 

Regulation of Foreign Securities

 

The principal authority overseeing Mexico’s securities markets is the National Banking and Securities Commission, known as the CNBV. This regulator is responsible for enforcing the securities market law, which establishes the framework for public offerings and listing rules.

 

For a foreign security to be publicly offered in Mexico, it must be registered with the National Registry of Securities maintained by the CNBV. The foreign issuer must provide the same level of disclosures and information that it provides in its home jurisdiction, ensuring Mexican investors have access to documentation equivalent to that in other markets.

 

Foreign securities can also trade directly on the Mexican Stock Exchange (BMV) or via certificates representing the foreign securities. To be listed, issuers must demonstrate financial health, maintain a minimum number of shareholders, and comply with reporting obligations.

 

Once listed on the BMV, foreign issuers must adhere to continuous reporting requirements including filing quarterly and annual financial statements and disclosing any relevant events that could impact security valuations.

 

Marketing and promotional materials for foreign securities aimed at Mexican investors must emphasize transparency and clear communication of risks. Advertisements cannot make misleading statements or false guarantees. Only authorized financial intermediaries can market foreign securities to the public in Mexico, and they are obligated to act in their clients’ best interests.

 

Overall, the foreign securities regime aims to uphold investor protection while facilitating access to global investment opportunities for those interested in diversification. Robust vetting of foreign issuers combined with quality disclosures ensures offerings match Mexico’s standards.

 

Qualified Investors

 

Mexico’s financial regulations define certain qualified investor categories determining suitability for complex or risky investment products. Under the current rules, a qualified investor is understood as an individual or entity with:

 

– Investments over the past 12 months totaling greater than 1.5 million Investment Units (UDIs), approximately equal to $460,000 USD, OR

 

– Gross income over the previous two years totaling greater than 500,000 UDIs, approximately equal to $153,300 USD.

 

A sophisticated investor is defined as having:

 

– Investments over the past 12 months totaling greater than 3 million UDIs, approximately $920,000 USD, OR

 

– Gross income over the previous two years totaling greater than 1 million UDIs, approximately $306,600 USD.

 

For regulated crowdfunding platforms, the threshold for a sophisticated investor is lowered to investments over the past 12 months greater than 550,000 UDIs, approximately equal to $168,600 USD.

 

Institutional investors recognized under Mexican financial law include banks, brokerages, investment funds, insurance companies, pension funds, and other entities specifically defined as such. All investors who do not fall into the qualified, sophisticated or institutional categories are considered retail investors.

 

These classifications allow financial firms to determine the suitability of different products for each investor class. Sophisticated investors can access more complex instruments with higher risks and rewards, while retail investors require more straightforward offerings better matched to their capabilities. The different thresholds aim to identify those capable of undertaking thorough analysis of complicated securities.

 

 

Cryptocurrency Regulation

 

The Mexican government has developed regulations specifically applicable to firms involved with virtual assets and cryptocurrencies. However, neither virtual assets nor cryptocurrencies are considered legal tender currently. The Mexican peso issued by the central bank remains the only recognized fiat currency.

 

Financial institutions like banks and fintech firms are not authorized to conduct direct transactions in cryptocurrencies with clients. This prohibited interaction was deemed too risky by the central bank. Regulators prefer that only specialized commercial firms handle crypto offerings directly.

 

These non-financial crypto service providers must follow anti-money laundering and reporting rules covered under Mexico’s Law for the Prevention of Operations with Illicit Proceeds. Firms dealing with crypto assets, even if based abroad, must check client identities, report suspicious transactions, and meet other compliance standards.

 

There are also requirements to clearly disclose risks to prospective crypto users and inform them that virtual assets are not legal tender or backed by the government. Warnings must be presented about volatility, irreversible transactions, and potential cybersecurity threats.

 

While not actively promoting cryptocurrency adoption, Mexican authorities are keen to foster financial innovation. The central bank plans to launch a digital currency around 2025 and has been researching policy options through projects like Liink. The overall regulatory attitude is focused on balancing innovation with comprehensive consumer protections.