The Federal Foreign Investment Law regulates this matter establishing restrictions for some sectors, for example the following are exclusive activities for the State, exploration and extraction of oil and other hydrocarbons, national electricity system, Control, supervision and surveillance of ports, airports and heliports, etc;
On the other hand, the law indicates exclusive economic activities for Mexicans or for companies with an exclusion clause for foreigners such as national land transportation of passengers, tourism and cargo, not including courier services, Development banking institutions.
There are activities with specific regulation where foreign investment cannot exceed 49%, such as the Manufacture and commercialization of explosives, firearms; Printing and publication of newspapers, Fishing, Comprehensive port administration; Shipping companies dedicated to the commercial exploitation of vessels for inland navigation and cabotage, Broadcasting, Regular and non-regular national air transport service; non-regular international air transport service in the form of air taxi; and, specialized air transport service
For example, in the state of Quintana Roo there are many businesses that are dedicated to tourism with maritime activities such as sport-recreational fishing and diving and to carry them out, in the case of foreign investment, the service provider must be a Mexican mercantile company with a majority of Mexican capital if said provider is the owner of the vessel. With experience we have found alternative solutions to protect these investments.
On the other hand, regarding the acquisition of real estate, there are restrictions on the way to acquire them. Also for certain parts of the country such as borders and islands, the acquisition of real estate requires a Property Trust Contract by which the beneficiaries own the property trust rights and therefor rights over the property in what is known the restricted area, this contract in Spanish is known as Contrato de Fideicomiso.
In a consultation with PlayaLegal.com we can advise how to protect your investment.