business structures in Mauritius
Mauritius allows several financial structures in Mauritius. The offshore structures are being regulated mainly by the FSC while the domestic companies are being regulated by the Registrar of Companies (RoC). Amongst the structures, the most common offshore structures are :
1. Global business Company
2. Authorised Company
Global business company
A Global Business Company(GBC), previously known as Global Business License category 1 (GBL1) is a company set – up in Mauritius to conduct business outside Mauritius, in any currency except Mauritian rupees. The company may be set up by an individual or a corporate. The company, if meeting the substance requirement in Mauritius, the company shall be classified as a resident company and shall benefit from the below advantages:
1. The Republic of Mauritius have twenty one banks which are recognised worldwide. The country has a good banking solution;
2. Mauritius is a compliant jurisdiction and recently, the country is classified as largely compliant on several FATF recommendations;
3. Mauritius has a good reputation for as a financial jurisdiction;
4. Mauritius is a safe country and low political instability;
5. Mauritius labour is relatively cheaper than other countries;
6. the tax rate of Mauritius is very competitive;
7. several businesses may be conducted subjected to additional applications of licenses
8. Mauritius is among the first countries which adopted international compliance;
9. Mauritius is among the founder country to introduce an FATF equivalent institution for SADC counties, ESAMLAG;
10. the country have several taxation agreement where individual/business shall not bear the issue of double taxation burden; and
11. the effective tax rate for GBC is 3% only.
The Basic requirement for setting – up a GBC and the requirement for the structure to be a resident in Mauritius
A GBC should at all time meet its terms & conditions as listed on the back of the license (commonly known as licensing conditions). In order to benefit from additional benefits, the company should be a resident company in Mauritius, The GBC must meet at least three of the below conditions:
1. it should have at least two resident directors (local directors)
2. it should incur a minimum expenditure of USD 15,000 per annum
3. it should have its physical place of business in Mauritius
4. it should directly or indirectly employ individuals in Mauritius working in the company
5. it constitution should have arbitration clause in Mauritius
6. it should always maintain its main bank account in Mauritius
7. it should have its account audited in Mauritius
8. it should at all time have a management company as company secretary in mauritius
9. it should have its management and control from/in Mauritius.
Alongside a GBC condition, a GBC can apply for additional licenses. A GBC may conduct the following business activities in Mauritius, subject that it follows additional terms and conditions applicable to the additional license. The business activities that it may conduct are:
1. Close – ended fund
2. open – ended fund
3. Investment Dealer license
4. Variable Capital Company
5. Protected Cell Company
6. Virtual Assets and Initial Token Offering (VAITOS) Services
7. Insurance and re-insurance business
8. Collected Investment Scheme
9. Peer – to – Peer lending
10. Crowdfunding
11. Money Lending
12. Family Office
13. Investment Banking
14. Specialised Financial Business/Institution
Should you require to have more information to know and understand more on structures available in Mauritius, please do contact me for a free quote in one of our trusted Management Companies in Mauritius.
Authorised Company (AC)
Authorised Company. commonly refer to AC is a company which is registered in Mauritius but is controlled and managed outside Mauritius. The company may carry out any business activity subjected to approval by the FSC.
An AC should at all time:
1. must be managed and controlled outside Mauritius
2. must at all time have a registered agent and address in Mauritius
3. must file its registers in Mauritius vis – a – vis the authorities
4. must prepare and file a financial summary
5. must keep its accounting records, minutes and registers at the registered address.
Unlike GBC, an AC have less requirements in Mauritius. An AC is not considered as a resident company and therefore, the company shall not benefit from benefits that a GBC can enjoy. However, an AC may have nominee corporate director/shareholder, in the view that the nominee is able to demonstrate that ownership and control of the company is outside Mauritius.
Trust
A Trust can be registered in Mauritius. However, a Trust in Mauritius does not have any legal obligation to be registered.
What is a Trust?
In simple word, a Trust is a legal arrangement made by a settlor to a trustee. A trust is governed by the Trust Act 2001 in Mauritius and is not required to be registered with any authorities in Mauritius. Likewise a GBC, a trust can be classified as a resident institution and enjoy the tax benefits that a GBC obtains if the trust:
1. has its main bank account in Mauritius
2. has local trustees
3. incur a minimum expenditure of USD 15,000 per annum in Mauritius
4. has a physical place of activity in Mauritius
5. has its arbitration clause in Mauritius, in its trust deed
6. managed and controlled from/in Mauritius