Latest updates

Limited Liability Partnerships Act comes into effect
  • Company & Commercial
  • Mauritius
  • February 06 2012

The Mauritius Limited Partnerships Act recently came into effect and introduced a Mauritius legal entity, the limited partnership (LP). The LP structure has many advantages. LPs that have a legal personality are legal persons distinct from their members. This means that they can enter into contracts, own property and sue and be sued in their own names, making them more flexible than a company structure.

Limited Liability Partnerships Act comes into effect
  • Private Client & Offshore Services
  • Mauritius
  • February 02 2012

The Mauritius Limited Partnerships Act recently came into effect and introduced a Mauritius legal entity, the limited partnership (LP). The LP structure has many advantages. LPs that have a legal personality are legal persons distinct from their members. This means that they can enter into contracts, own property and sue and be sued in their own names, making them more flexible than a company structure.

Recovery options against Mauritius-incorporated entities
  • Insolvency & Restructuring
  • Mauritius
  • December 02 2011

The new Insolvency Act is intended to consolidate and modernise the legal framework for insolvency by updating and integrating it into a modern and comprehensive regime covering both individual and corporate insolvency. The act states that a company is unable to pay its debts if it fails to comply with a statutory demand within a period of one month after the last date for compliance with the demand.

Recovery options against Mauritius-incorporated entities
  • Private Client & Offshore Services
  • Mauritius
  • December 01 2011

The new Insolvency Act is intended to consolidate and modernise the legal framework for insolvency by updating and integrating it in into a modern and comprehensive regime covering both individual and corporate insolvency. The act states that a company is unable to pay its debts if it fails to comply with a statutory demand within a period of one month after the last date for compliance with the demand.

Voluntary administration – directors prevail over shareholders
  • Insolvency & Restructuring
  • Mauritius
  • September 30 2011

The Supreme Court of Mauritius recently delivered an interlocutory judgment on the appointment of an administrator under the Insolvency Act 2009. The judgment is the first on this issue and provides a precedent as to the approach that the Supreme Court is likely to adopt in the future in similar matters.

Voluntary administration – directors prevail over shareholders
  • Private Client & Offshore Services
  • Mauritius
  • September 29 2011

The Supreme Court of Mauritius recently delivered an interlocutory judgment on the appointment of an administrator under the Insolvency Act 2009. The judgment is the first on this issue and provides a precedent as to the approach that the Supreme Court is likely to adopt in the future in similar matters.

Providing a channel for foreign direct investment in Africa
  • Private Client & Offshore Services
  • Mauritius
  • February 03 2011

Over the past decade, investors keen to invest in projects not only in India and Asia, but also in Africa, have increasingly done so through Mauritius. Mauritius combines the traditional advantages of an offshore financial centre in the Indian Ocean with the distinct advantages of being a treaty-based jurisdiction, with a substantial network of treaties and double taxation avoidance agreements.

Dawning of a new era in employment law
  • Employment & Benefits
  • Mauritius
  • August 11 2010

A year after its proclamation, legislation governing employment relationships in Mauritius has marked the beginning of a new era in employment law. The Employment Rights Act 2008 has consolidated the old law and the principles underpinning the employment contract. Furthermore, it has endorsed concepts that are now regarded as fundamental to most employment law regimes.

Dawning of a new era in employment law
  • Private Client & Offshore Services
  • Mauritius
  • August 05 2010

A year after its proclamation, legislation governing employment relationships in Mauritius has marked the beginning of a new era in employment law. The Employment Rights Act 2008 has consolidated the old law and the principles underpinning the employment contract. Furthermore, it has endorsed concepts that are now regarded as fundamental to most employment law regimes.

Advantages of Mauritius for hedge funds
  • Private Client & Offshore Services
  • Mauritius
  • February 25 2010

Institutions, like individuals, are making more calculated decisions to maximize productivity and reduce risk and unqualified expenses. A more cautious period for hedge funds is thus envisaged, with international clients rethinking large-scale refinancing and extending timeframes for existing projects.

Overview (February 2010)
  • Intellectual Property
  • Mauritius
  • February 01 2010

Including: Substantive Law; Securing Protection - Registration; Seeking Relief - Procedural Law.

Intellectual property in Mauritius: a primer
  • Private Client & Offshore Services
  • Mauritius
  • January 28 2010

Legislation on industrial property in Mauritius is undergoing review. The government's ambition is to enhance a legal environment that keeps abreast with international, constantly evolving trends, thus making Mauritius a platform with a sound legal framework to protect the IP rights of internationally well-known brands.

Private Equity Fund Formation and Transactions
  • Private Client & Offshore Services
  • Mauritius
  • July 16 2009

The Securities Act 2005 enables collective investment schemes, such as leveraged buy-outs, to be constituted as companies, trusts (including unit trusts) or any other legal entities prescribed or approved by the Financial Services Commission that meet certain criteria. This update looks at the formation and terms of operation of such schemes, as well as private equity fund formation in general.

Double Taxation Treaty with India Pays Dividends
  • Private Client & Offshore Services
  • Mauritius
  • December 18 2008

The global business industry in Mauritius is increasingly active, mainly for inbound investment into India, Africa and China. The island has become the number one location for foreign direct investment into India, due to favourable treatment under a double taxation treaty between the two countries. Many investment and hedge funds have incorporated in Mauritius for the specific purpose of investment into India.

Overview (May 2008)
  • Company & Commercial
  • Mauritius
  • May 27 2008

Including: Global Business Companies; Foreign Companies; Continuation and Discontinuation; Foreign Tax Credit.

Guide to Companies
  • Private Client & Offshore Services
  • Mauritius
  • May 22 2008

Mauritius’s statutory law on companies is contained in the Companies Act 2001. The act has been amended regularly by the legislature to keep track of changes in law affecting Mauritius-incorporated companies, with the latest amendment accompanying the entry into force of the new Financial Services Act 2007, which has had a direct bearing on global business companies in Mauritius.

Overview (April 2008)
  • Banking
  • Mauritius
  • April 25 2008

Including: Central Bank; Banking Licence Applications; Management and Operations; Fees.

Guide to Banking
  • Private Client & Offshore Services
  • Mauritius
  • April 24 2008

In September 2004 the Mauritius National Assembly passed the Bank of Mauritius Act 2004 and the Banking Act 2004, designed to give the Central Bank more autonomy and to remove differences between the offshore and onshore banking regimes. The Central Bank now offers only one type of licence as opposed to the two (ie, offshore and onshore) previously available.