Location:
Mauritius is an island located 500 miles off the east coast of Madagascar
in the Indian Ocean. It has an area of 720 square miles. The capital of
Mauritius is Port Louis.
Language: English
is the official language, but most of the population is also fluent in French.
"Creole" is understood by everyone.
Population:
The population of approximately 1.1 million is a mixture of people from Africa,
Madagascar, Europe, India and China.
Political System:
Mauritius was ruled by the British from 1810 until 1968, when it became
an independent country within the Commonwealth. Mauritius is a democratic
republic with a president, who is the head of state and commander in chief;
and a prime minister, who is head of government with full executive power.
There are a number of different political parties, and elections are held
every five years.
Legal System:
The legal system is based on both English and French law with a company
law similar to the English Company Law. The highest court of appeal is
the Privy Council in England.
Taxation: Mauritius
will shortly sign double-taxation agreements with Belgium, Canada, China,
Luxembourg, Pakistan, South Africa and Sri Lanka. Double-taxation agreements
exist with following countries:
France
Germany
India
Italy
Malaysia
United Kingdom
Zimbabwe
Incorporation:
There are two types of Offshore Companies available: Public Limited Companies
and Private Limited Companies, which are limited by guarantee or shares.
Offshore companies can apply for Exempt or Ordinary status; however, the following
companies are only qualified for Ordinary status:
Offshore banks
Insurance companies
Public companies
Companies with a share capital
in excess of US$ 1 million
Companies wishing to access
one of the double-taxation agreements
Companies wanting to employ
expatriate staff
Fund management companies
To incorporate an Offshore Company,
an application has to be submitted to the Mauritius Offshore Business Activities
Authority (MOBAA) for approval. There is no requirement to embody the Memorandum
and Articles of Association in a notarial deed.
Offshore Private Limited
Companies: Requirements for companies with either Exempt or Ordinary
status are as follows:
An annual government fee has
to be paid on the anniversary date of incorporation. The Offshore Certificate
will be considered invalid if the fee is not paid within one month after
the date due.
Offshore companies are by law
guaranteed total privacy and confidentiality.
All companies, including foreign
companies, must have the written consent of the minister to use words such
as Authority, Municipal, State Government, Chamber of Commerce, Chartered,
Cooperative or Mauritius.
A company name can be reserved
three months in advance.
Companies are required to have
a registered office address in Mauritius.
At least two directors, who may
be non-resident, are required.
Unless all of the issued shares
are owned by a holding company, there must be a minimum of two shareholders.
A company cannot continue business for more than six months if the number
of shareholders is reduced to less than two.
Companies with Exempt Status:
On the initial application for an Offshore Certificate, an Exempt Company
pays a nominal government fee of US$ 250 and annual government fees of US$
250.
The name of an Exempt Company
can be in any language, and it may also use any suffix to denote limited
liability, e.g. Inc., Ltd., S.A., PLC, GmbH, etc.
A company secretary is required,
who does not have to be a resident.
An Exempt Offshore Company
can be completely anonymous, because beneficial ownership is not exposed.
There is no requirement to hold meetings nor to file annual returns or
accounts, and its financial affairs are available exclusively for the directors
and shareholders. The company may also issue bearer shares.
Companies with Ordinary
Status: This type of company can be incorporated within 15 working
days. On the initial application for an Offshore Certificate, a nominal
government fee of US$ 500 has to be paid. There is also annual government
fees of US$ 1,500.
The application for Ordinary
Status must contain:
The Memorandum and Articles
of Association.
A Certificate from a local law
practitioner, who must verify that the Memorandum and Articles of Association
correspond with the Companies Act.
A detailed Business Plan that
contains an appraisal of the volume of the company's business and future
markets, and also accounts for the preceding three years.
A character reference about
the Beneficial Owners from a commonly accepted firm or bank.
Additional requirements are:
Ordinary Companies are not allowed
to issue bearer shares.
The company name must include
the word "Limited" to denote limited liability.
A resident company secretary
is required.
Annual General Meetings can
take place anywhere in the world, not more than 15 months apart. Proxies
are permitted.
Special Features:
In 1994, a new International
Company based on the International Business Companies (IBC) legislation
model was created. Existing Exempt status companies can either proceed
for three more years, or convert to International Companies or Ordinary
status. The new International Companies Act comprises companies limited
by guarantee and by shares, limited life companies and unlimited liability
companies. An International Company is not permitted to do business with
residents in Mauritius or transact in the Mauritian rupee.
The Mauritian Shipping Registry
allows parallel registration and freedom to select the law to cover mortgages.
The islands offshore trust legislation
is very flexible; it guarantees confidentiality and is excellent for founding
Asset Protection Trusts.
Summary: Following
are some of the advantages of selecting Mauritius as an offshore center:
Extensive double taxation agreements
Social, political and economic
stability
Exemption from all taxes and
from exchange controls
A well-established international
banking system
Confidentiality guaranteed by
law
Bearer shares (not Ordinary
status companies)
Strategic geographical location
between Asia and Africa
Immediate company availability
Companies incorporated in other
jurisdictions can proceed in Mauritius
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