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Ease of Doing Business in

Mexico

Mexico Download Profile (2060.2KB, pdf)
Region Latin America & Caribbean
Income Category Upper middle income
Population 127,017,224
GNI Per Capita (US$) 9,710
City covered Mexico City, Monterrey

190

1

DB 2017 Rank

1

100

DB 2017 DTF (% points)

  • local_library
  • group
Topics DB 2017 Rank DB 2016 Rank info_outline Change in Rank DB 2017 DTF (% points) info_outline DB 2016 DTF (% points) info_outline Change in DTF (% points) info_outline
Overall 47 45 down
2
72.29 71.95 down
0.34
Starting a Business 93 72 down
21
85.74 86.92 down
1.18
Dealing with Construction Permits 83 87 up
4
69.79 68.91 up
0.88
Getting Electricity 98 84 down
14
68.32 70.11 down
1.79
Registering Property 101 111 up
10
61.05 56.89 up
4.16
Getting Credit 5 5
-
90.00 90.00
-
Protecting Minority Investors 53 51 down
2
60.00 60.00
-
Paying Taxes 114 112 down
2
65.81 65.85 down
0.04
Trading across Borders 61 60 down
1
82.09 82.09
-
Enforcing Contracts 40 42 up
2
67.01 65.69 up
1.32
Resolving Insolvency 30 29 down
1
73.11 73.03 up
0.08

Positive= Doing Business reform making it easier to do business.Negative= Change making it more difficult to do business.

Viewing the data for

DB 2017 DTF (% points):

73.11

DB 2016 DTF (% points):

73.03

Change in DTF (% points):

up0.08

Indicator Mexico City Latin America & Caribbean OECD high income
Recovery rate (cents on the dollar) info_outline 69.1 31.0 73.0
Time (years) info_outline 1.8 2.9 1.7
Cost (% of estate) info_outline 18 16.7 9.1
Outcome (0 as piecemeal sale and 1 as going concern) info_outline 1 .. ..
Strength of insolvency framework index (0-16) info_outline 11.5 7.1 12.1
  • Indicator Explanation Answer
    Recovery rate (cents on the dollar) 69.1
    Proceeding The Law of the Commercial Insolvency Law (LCM) provides a unitary form of insolvency proceedings (concurso mercantil) which has two phases: Conciliation (reorganization) and Bankruptcy (Liquidation). Mirage would commence a reorganization proceeding (conciliation) by filing for a “concurso mercantil” in light of Art. 10 of the (LCM). It will be sufficient to demonstrate that the debtor is generally unable to pay its debts as they mature. One of the main advantages of this option is that once the “concurso mercantil” commences, all all enforcement actions against the debtor would be automatically suspended, allowing Mirage to reorganize. reorganization
    Outcome Since it would be possible to reach a reorganization agreement, the hotel will continue operating as a going concern. going concern
    Time (in years) It would take approximately 21 months to resolve an insolvency proceeding in Mexico City, similar to the case study, in which a debtor reaches a reorganization agreement with its creditors and the agreement is approved. All necessary steps to complete the entire process are included within this estimate, including the appointment of an inspector, a conciliator and insolvency administrator, and the preparation of the creditor’s claims. The period prescribed by Article 145 of the Commercial Insolvency Law is rarely enforced, but it is taken into account when approving the agreement. 1.8
    Cost (% of estate) The costs associated with an insolvency proceeding (in which a reorganization agreement is approved) in Mexico would amount to approximately 18% of Mirage’s estate. The main components of this cost would be the attorney’s fees (5-11 %), as well as the inspector, conciliator and insolvency administrator (7%) and additional judicial costs (1%). 18.0
    Answer Score
    Strength of insolvency framework index (0-16) 11.5
    Commencement of proceedings index (0-3) 2.5
    What procedures are available to a DEBTOR when commencing insolvency proceedings? (a) Debtor may file for both liquidation and reorganization 1.0
    Does the insolvency framework allow a CREDITOR to file for insolvency of the debtor? (a) Yes, a creditor may file for both liquidation and reorganization 1.0
    What basis for commencement of the insolvency proceedings is allowed under the insolvency framework? (e) Other 0.5
    Management of debtor's assets index (0-6) 5.5
    Does the insolvency framework allow the continuation of contracts supplying essential goods and services to the debtor? Yes 1.0
    Does the insolvency framework allow the rejection by the debtor of overly burdensome contracts? Yes 1.0
    Does the insolvency framework allow avoidance of preferential transactions? Yes 1.0
    Does the insolvency framework allow avoidance of undervalued transactions? Yes 1.0
    Does the insolvency framework provide for the possibility of the debtor obtaining credit after commencement of insolvency proceedings? Yes 1.0
    Does the insolvency framework assign priority to post-commencement credit? (a) Yes over all pre-commencement creditors, secured or unsecured 0.5
    Reorganization proceedings index (0-3) 1.5
    Which creditors vote on the proposed reorganization plan? (a) All creditors 0.5
    Does the insolvency framework require that dissenting creditors in reorganization receive at least as much as what they would obtain in a liquidation? No 0.0
    Are the creditors devided into classes for the purposes of voting on the reorganization plan, does each class vote separately and are creditors in the same class treated equally? Yes 1.0
    Creditor participation index (0-4) 2.0
    Does the insolvency framework require approval by the creditors for selection or appointment of the insolvency representative? No 0.0
    Does the insolvency framework require approval by the creditors for sale of substantial assets of the debtor? No 0.0
    Does the insolvency framework provide that a creditor has the right to request information from the insolvency representative? Yes 1.0
    Does the insolvency framework provide that a creditor has the right to object to decisions accepting or rejecting creditors' claims? Yes 1.0

Note: Even if the economy’s legal framework includes provisions related to insolvency proceedings (liquidation or reorganization), the economy receives 0 points for the strength of insolvency framework index, if time, cost and outcome indicators are recorded as “no practice”.