Mauritius GBC 2

Doing Business in Mauritius

Mauritius GBC 2 Company (Non-Resident)

Overview

A company holding a Category 2 Global Business Licence is often used for trading and investment. GBC 2 companies are not resident for tax purposes and do not have access to Mauritius’ tax treaty network. Beneficial ownership is disclosed to the authorities.

Introduction

Mauritius is situated in the Indian Ocean approximately 800 kilometres off the East Coast of Madagascar.

Population

The population of the Island is approximately 1.2 million made up principally of people of European, African, Indian and Chinese origin. Mauritius takes pride in the fact that these different cultures co-exist in peace and succeed in creating a cultural entity that is distinctly Mauritian.

Political Structure

The British ruled Mauritius for 158 years until 12 March 1968 when it became an independent country within the Commonwealth. The Republic of Mauritius is a Westminster style democracy. The President is the Head of State and Commander in Chief. Full executive power rests with the Prime Minister who is Head of Government. The Members of Parliament are elected every five years by popular vote and a number of political parties contest the elections, reflecting the country’s firm commitment to a multi-party political system.

Infrastructure and Economy

Since independence in 1968, Mauritius has developed from a low income, agriculturally based economy to a middle-income diversified economy with growing industrial, financial, and tourism sectors. For most of the period, annual growth has been of the order of 5% to 6%. The government’s development strategy centres on foreign investment. Mauritius has attracted more than 20,000 offshore entities, many aimed at commerce in India and South Africa, and investment in the banking sector alone has reached over US$ 1 billion.

Language

English is the official language. However, the Mauritian population is largely bilingual, being equally fluent in English and French. Creole is also spoken and understood by everyone.

Currency

Mauritian Rupee.

Type of Law

Common Law for corporate matters.

Company Formation

Principal Corporate Legislation

The Companies Act 2001.

Financial Services Act 2007.

Finance (Miscellaneous Provisions) Act 2012.

Type of Company for International Trade and Investment

The type of company is one that is holding a Category 2 Global Business Licence that is similar to a British Virgin Island International Business Company and is non-resident for tax purposes.

Procedure to Incorporate

The procedure begins with the submission of the Constitution together with a Certificate from the Registered Agent confirming compliance with the Ordinance. The application must be supported by a Legal Certificate issued by a local lawyer certifying that local requirements have been complied with. Finally, directors and shareholders must execute consent forms and these must be filed with the Registrar of Companies.

Restrictions on Trading

Companies holding a Category 2 Global Business Licence cannot trade within the Republic of Mauritius.

Powers of Company

A company incorporated in the Republic of Mauritius has the same powers as a natural person.

Language of Legislation and Corporate Documents

The legislation is in English; the documentation may be expressed in any language but must be accompanied by a certified English translation.

Name Restrictions

Any name that is identical or similar to one of an existing company or any name that suggests the patronage of the President or the Government of Mauritius is unacceptable.

Language of Name

The language of the company name should be in English or French.

Names Requiring Consent or a Licence

 

The following names or their derivatives require a consent or a licence: assurance, bank, building society, Chamber of Commerce, chartered, co-operative, government, imperial, insurance, municipal, royal, state or trust or any name that, in the opinion of the Registrar, suggests the patronage of the President or the Government of Mauritius.

Suffixes to Denote Limited Liability

Limited, Corporation, Incorporated, Public Limited Company, Société Anonyme, Société Anonyme à Responsabilité Limitée, Sociedad Anónima, Berhad, Proprietary, Naamloze Vennootschap, Besloten Vennootschap, Aktiengesellschaft or the relevant abbreviations.

Disclosure of Beneficial Ownership to Authorities

Beneficial ownership is disclosed to authorities.

Compliance

Usual Capital

The usual authorised share capital is US$ 100,000 with all of the shares having a par value.

Classes of Shares Permitted

Registered shares, preference shares, redeemable shares and shares with or without voting rights are permitted.

Taxation

A Company holding a Category 2 Global Business Licence does not pay any tax on its world-wide profits to the Republic of Mauritius.

Financial Statements Required

Companies holding a Category 2 Global Business Licence are required to maintain financial statements to reflect their financial position. Annual Accounts must be filed with the authorities within six months of the balance sheet date.

Directors

The minimum number of directors is one, who may be a natural person or a body corporate.

Company Secretary

A company secretary is optional.

Shareholders

The minimum number of shareholders is one.  Any change in the beneficial ownership/ultimate beneficial ownership must be notified to the Financial Services Commission in Mauritius within one month.

Disclaimer
Whilst every effort has been made to ensure that the details contained herein are correct and up-to-date, it does not constitute legal or other professional advice. IQTESADI does not accept any responsibility, legal or otherwise, for any errors or omission.