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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 90439
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I have a Mexican business and am trying to open a bank account.

Resolved Question:

I have a Mexican business and am trying to open a bank account. The bank is requiring that we appoint a Comisario.

Please tell me what a Comisario is and what this position requires. IE: what responsibilities this person will have, etc.

Also, can a Comisario be one of the owners of the company and a primary on the account?

Thank you for your help in this matter.
Submitted: 1 year ago.
Category: Business Law
Expert:  Fran-mod replied 1 year ago.
Thank you for contacting JustAnswer.com.

It was brought to our attention that you asked a legal question about Mexico, where we do not have active professionals. As much as we would like to assist you, we have to be honest and say that the best we can do is provide a legal Internet researcher who might be able to find your answer. We realize that option is not ideal, and we always want to provide our customers with the best possible answer.

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Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Corporations banking in Mexico, because of the significant issues with drug money laundering are required to have a comisario who is an independent auditor of sorts, he can be a shareholder of the company or independent, but he cannot be an employee. It cannot be an actual owner of the company though or an employee. The purposes of the comisario is to basically spy on the company's financial transactions and report any suspicious or illegal activity to the government in an attempt to prevent money laundering through the Mexican banks.



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Customer: replied 1 year ago.

As always, thank you very much for your research and response. Your answers have always been helpful.


 


Is it possible to appoint my accountant here in Mexico to this position?


 


What about my attorney?


 


Technically they are not employees of the company.


 


I appreciate your help in this matter.


 


 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Yes, you can have your accountant or attorney represent you as comisario (although you are better using the accountant as you do not want to involve waiving any attorney client privilege)
Customer: replied 1 year ago.

Thank you. That makes a lot of sense.


 


I also have an employee (personal assistant) who is not paid by the company in question. Would it be appropriate for someone like her to fulfill this role.


 


She is the most trustworthy person I have met here.


 


Thank you again.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

As long as she is not an employee of the company, she can be named comisario and that is permissible.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 90439
Experience: All corporate law, including non-profits and charitable fraternal organizations.
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