Requirements to be a Merchant: Types, Activities and MORE

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In this article you will explain what the Requirements to be a Merchant in Mexico. If you want to aspire to this profession, this writing will interest you. Take note!

People who work as merchants are essential because they are dedicated to operating by acquiring and selling their products and / or services. This buying and selling generates that the merchant obtains his profits.

That is why, if you want to carry out this profession, first of all you must comply with a series of Requirements to be a Merchant, which will be explained below.

What are the Requirements to be a Merchant in Mexico?

It is important to note that according to the Commercial Code (1889), article 3 Citizens who have legal capacity, who perform acts of commerce and who perform it as their occupation, are merchants.

Now to carry out this occupation the citizen must follow a series of Requirements to be a Merchant which are the following:

All merchants are empowered to register in the Public Registry of Commerce, which must include the following:

  • You must have the public instruments granted by a notary or a broker.
  • Judicial or administrative resolutions and provisions.
  • Have the private documents supplied by a notary or broker or judicial authority.
  • Attach the documents that are regulated by law.

The citizen who will carry out this occupation must register or register their activity in the Mercantile Registry. In addition, the merchant must remain and have an adequate accounting system. In other words, this system may be carried out through tools, assets and processes that help to improve the particularities that the businesses contain.

It is important to note that businesses that foreign people set up must also demonstrate their Registration in the Public Registry of Commerce, be established in the rules and regulations to the laws of their country of origin and qualified to carry out the trade by the Secretariat.

Citizens must comply with and keep the documents, such as invoices, that are related to the activity. They must also comply with legal requests to manage documents and books.

Merchants cannot sell or trade illicit or illegal items. In addition, the citizens who carry out this occupation must be in perfect mental state or not be in a judicial prohibition state.

Merchants must formalize both administrative and legal requirements. Every year the citizens who are merchants must complete the closing of the fiscal year, they must register in the Mercantile Registry the balance of their establishment.

Types of merchants

Citizens who already meet the Requirements to be a Merchant, should take into account that there are 2 types of merchants that will be explained below:

Requirements to be a Merchant: Individual Merchant

The sole purpose of the individual trader is for natural persons to carry out acts of mass commerce. In addition, individual traders are natural persons who carry out this occupation in an ordinary way. To be a merchant you must meet the Article 3 of the Commercial Code (1889).

  1. The citizen must have exercise capacity: That is, you mean in the skills of a person to perform and fulfill duties by himself.
  2. Trader occupation: In the Commercial Code it is emphasized that the occupation of commerce must be carried out in an ordinary way, that is, in carrying out commercial activities frequently, constantly, carrying out its true profession from that commercial activity.

Requirements to be a Merchant: Collective merchant

It is important to note that explaining this definition is extremely difficult because it is implemented as a formal criterion through the Commercial Code.

National commercial companies

According to Commercial Code (1889) they are merchants to the companies developed by the commercial activities and rules. It is then, that a collective merchant are moral persons, which is established under the regulations to be fulfilled in the secretaries by the commercial laws so that they are allowed as a merchant.


The companies determined in the Commercial Code (1889) are as follows:

  1. Society in collective name.
  2. The Society exists in Simple Comandita.
  3. Also the Limited Liability Company.
  4. Besides, the anonymous society.
  5. Limited by shares.
  6. Cooperative Society.

Foreign commercial companies

The same Commercial Code also includes foreign companies or branches that work and carry out commercial activities. It should be noted that collective traders are all legal entities that comply with Mexican commercial laws as well as foreign legal entities that are established in the commercial laws of their country of origin that are carrying out commercial actions in this country.

Traders’ activities

Traders perform key activities that are:

  • Allow and supply the exchange of goods and services.
  • Boost the growth of the nation.
  • Link buyers or consumers with the articles and / or products.
  • Make consumers available of a wide range of products and / or services.
  • Carry out exports and imports of goods, from different parts of the world.
  • Ensure recognition of particularities contained in the products.
  • Provide after-sales services in any case of complaints, guarantees, damage and deterioration repair.

Who can’t be?

According to him Commercial Code (1889), Article 12 highlights the people who cannot perform the occupation of commerce that are the following:

  1. The runners.
  2. Citizens who are broken that have not been repaired
  3. People who have been sentenced for committing crimes against property, including crimes of falsehood, bribery, corruption, etc.

Benefits of being a Merchant

Traders have benefits that are as follows:

  1. Improve competitiveness.
  2. Traders create jobs.
  3. Attractive new income.
  4. If you have higher efficiency, profits are increased.
  5. Increase communication between customer and seller.
  6. While the business As it evolves, positive changes such as: technological, new strategies, etc. will be added.
  7. No risk of cancellation.
  8. Merchants can implement a subscription project.
  9. Merchants’ establishments are usually safe places.
  10. The people who perform in this occupation, your facilities must be hygienic.
  11. Merchants look for ways to have a high range of products so that the customer can choose the one they want.

What is understood by Merchant?

Trade is the negotiation that takes place buying, selling or exchanging goods or merchandise. This concept also refers to the set of establishments and places related to commercial activity.

Commerce is a sector of economic activity that consists of the acquisition of goods from the productive sector to resell them to consumers. Commercial activity works to bridge the gap between production and consumption in time and space.

The concept of merchant its origin comes from the Latin noun commercium, which is combined by two differentiated parts like the prefix with, which means set and the term Merx which refers to merchandise.

The merchant is the person who complies with the commercial laws, to be merchants it is necessary to have legal capacity and to practice commerce as a profession in the name own.

It is important to highlight that the people who carry out the occupation of merchant, is one of the oldest activities. That is to say, in the Neolithic period all kinds of exchange was already evident, which at that time revolved around agriculture, then these activities evolved, innovating activities such as barter or work everything with the creation of money.

Requirements to be a Merchant: Commercial Law

The Commercial Law It refers to regulating the most decisive legal relationships, those that are evident between the merchant and the actions that are carried out in the establishment.

This right is intended as the set of legal rules that regulates people with everything related to the subject of trade.

Requirements to be a Merchant: Trade Acts

The commercial acts are intended for the functions or legal activities enshrined by physical or moral citizens, merchants or not, who carry out actions that are regulated by commercial law.

Requirements to be a Merchant: Public Registry of Commerce

The Public Registry of Commerce is an entity in which it cannot be detached in Commercial Law. Through this institution, merchants must comply with the Requirements to be a Merchant, which is to register the necessary documents as established by law.

This is why if you want to start a business, you must meet and collect the Requirements to be a Merchant in Mexico.

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