The most common entity for investment, trading or holding purposes in Mauritius is the “company”. Pursuant to the Companies Act 2001, a company may be incorporated with or without a constitution and may have limited or unlimited liability, a limited life or even have protected cells.
Another legal entity through which trade and commerce may be carried out is the “société” which is based on the French principles of partnerships, but which is scarcely used.
At Juristconsult, we act as transaction lawyers, negotiate and litigate contracts for the benefit of our clients on all different aspects of corporate and commercial activities.
Juristconsult provides a comprehensive range of legal advice and services in respect of issues concerning the holding, trading, investment or commercial life of the company. We advise corporate and commercial entities of all sizes ranging from start up businesses, small and medium enterprises to large multinational entities operating in Mauritius and internationally.
Our team at Juristconsult advises in the following key areas:
- Incorporation of local and global business companies, branches of foreign companies, open-ended or close-ended funds and “sociétés”
- Drafting and review of corporate documents, inter alia, constitutive documents, shareholders’ agreements, corporate resolutions, transactional and security documents
- Legal due diligence and reporting on Mauritian corporate entities
- Regulatory compliance under company law for incorporation of various types of companies, transactions of the companies, transfers and issues of shares, variation of rights, registration of charges, appointment and removal of officers, accounting and audit
- Shareholders’ rights and remedies, shareholders’ agreements, classes of shares, terms of issue of shares, minority buy-outs and pre-emptive rights.
- Mergers, sales, acquisitions and joint ventures
- Public Offerings and Private Placements
- Offshore financing
- Corporate governance, directors’ duties and obligations, liability of officers.
- Taxation issues, local and international, including principles of corporate taxation, tax residency and the application of double taxation treaties to global business companies
- Income tax, capital gains, dividends, VAT, royalties, interests and related issues
- Local and international tax structuring.
Winding up and receivership
Receivership, Winding up/liquidation, dissolution of companies, and all supporting functions.
- Drafting of commercial contracts and provision of legal advice on performance and enforceability of contracts
- Advising clients on competition law issues applicable to our jurisdiction
- Litigation and commercial dispute resolution through conciliation, mediation and arbitration
- Debt recovery.
Employment and Industrial Law
- Employment contracts and rights, and industrial relation disputes
- Work and occupation permits for foreigners to work and reside in Mauritius.