Fideicomiso (Bank Trust Ownership)
A fideicomiso is a bank trust structure that allows foreign buyers to hold full beneficial ownership of property located within Mexico’s restricted coastal and border zones.
Who Pays
Buyer
Buyer Pays Fees
When
Closing → Post-Closing
(Ongoing)
(trust established at closing, annual fees thereafter)
Primary Authority
Mexican Trustee Bank
Mexican Notary Public
(bank administers trust; notary establishes and registers it)
Summary
A fideicomiso is a bank trust that allows foreign individuals and entities to hold full beneficial ownership of real estate located within Mexico’s restricted zones. While legal title is held by a Mexican bank, the buyer retains all ownership rights, including use, sale, leasing, and inheritance. This structure is commonly used for residential and lifestyle properties throughout Los Cabos.
Key Expalnation
Under a fideicomiso, a Mexican bank acts as trustee while the buyer is named as the beneficiary. The beneficiary controls the property in practice, with rights comparable to direct ownership. The trust is established for a renewable 50-year term and is regulated under Mexican federal law.
Detailed Guidance
Fideicomisos are established during the closing process and registered with the Public Registry of Property. Buyers may name substitute beneficiaries, sell the property at any time, or transfer rights subject to standard transaction procedures. Annual bank fees apply and vary by institution.
Many buyers assume the bank “owns” the property or can revoke the trust. In practice, the bank has no discretionary control and acts only as a legal holder of title. The fideicomiso is a standardized, long-standing ownership mechanism used nationwide.
Risks are generally low when established correctly, but buyers should confirm trustee reputation, annual fee structure, and renewal terms. Improper setup or incomplete registration can cause delays or complications at resale.
Buyers should evaluate whether a fideicomiso or a Mexican corporation is more appropriate based on intended use, holding period, and tax strategy. Selecting an experienced notary and bank trustee is critical.
Fideicomiso (Bank Trust Ownership)
A fideicomiso is a bank trust structure that allows foreign buyers to hold full beneficial ownership of property located within Mexico’s restricted coastal and border zones.
Who Pays
Buyer
Buyer Pays Fees
When
Closing → Post-Closing
(Ongoing)
(trust established at closing, annual fees thereafter)
Primary Authority
Mexican Trustee Bank
Mexican Notary Public
(bank administers trust; notary establishes and registers it)
Summary
A fideicomiso is a bank trust that allows foreign individuals and entities to hold full beneficial ownership of real estate located within Mexico’s restricted zones. While legal title is held by a Mexican bank, the buyer retains all ownership rights, including use, sale, leasing, and inheritance. This structure is commonly used for residential and lifestyle properties throughout Los Cabos.
Key Expalnation
Under a fideicomiso, a Mexican bank acts as trustee while the buyer is named as the beneficiary. The beneficiary controls the property in practice, with rights comparable to direct ownership. The trust is established for a renewable 50-year term and is regulated under Mexican federal law.
Detailed Guidance
Fideicomisos are established during the closing process and registered with the Public Registry of Property. Buyers may name substitute beneficiaries, sell the property at any time, or transfer rights subject to standard transaction procedures. Annual bank fees apply and vary by institution.
Common Misconceptions
Many buyers assume the bank “owns” the property or can revoke the trust. In practice, the bank has no discretionary control and acts only as a legal holder of title. The fideicomiso is a standardized, long-standing ownership mechanism used nationwide.
Risks are generally low when established correctly, but buyers should confirm trustee reputation, annual fee structure, and renewal terms. Improper setup or incomplete registration can cause delays or complications at resale.
Risk Consideration
Best Practice Advisory Notes
Buyers should evaluate whether a fideicomiso or a Mexican corporation is more appropriate based on intended use, holding period, and tax strategy. Selecting an experienced notary and bank trustee is critical.