Mauritius (MU)

Jurisdiction Overview

IDQuestionAnswer
236 *Is any formal registration required at all? Yes
 Data Date: 2017

Notes

 
"The Registrar of Companies, who is also the Registrar of Foundations, holds up-to-date legal and beneficial ownership information on foundations. All foundations must be registered with the CBRD to have legal personality (s. 5(2) FA [Foundations Act]). Further, all foundations must have a council that is responsible for the administration of the foundation’s assets with at least one member resident in Mauritius (ss.16 and 17 FA). Identity information on the founder, beneficiaries, secretary and members of the foundation council must be submitted to the Registrar at the time of registration (s. 23 FA). The register of foundations is publicly available and will record the name and address of the founder, of the secretary and of the members of the council (s. 28 FA). Information on beneficiaries is not recorded in the register, but will be held by the Registrar. Changes to a foundation’s charter or secretary, registered office or council membership must be notified to the Registrar within seven days of such change occurring (ss.9(2) and 17(9) FA). Mauritius advises that the obligation to notify the Registrar of changes applies to any change in beneficiaries. The register will be amended to reflect any such changes (s. 9(4) FA)" (GF 2017: 60; [TJN's-note]).
 
While the Foundations Act was amended in 2018 to include collection and registration of beneficial owners under the amended Art. 36, beneficial ownership definitions seem vague and do not confirm that all parties to the foundation will be identified, because the definition refers to the beneficial owners of companies (more than 25% ownership) 'with the necessary adaptations': "(6) In this section – “beneficial owner” or “ultimate beneficialowner” has the same meaning as in section 91 (8) of the Companies Act with such modifications and adaptations as may be necessary;". Therefore, it is not clear if the identification of the parties of the foundation (questions below) refers to legal or beneficial ownership.

Sources

https://www.mra.mu/download/FinanceAct2018.pdf
 
http://www.lexology.com/library/detail.aspx?g=7f129550-d012-4b0e-a764-61f0a39eff3c
 
GF 2014: 19-20
 
GF 2017: 60
 
The Foundations Act 2012, art. 5(2), Section 23
 
http://companies.govmu.org/English/Legislation/Documents/amended%20acts%20101018/Foundation_%20Act%20-29.07.15%20Amended%202018.pdf