KEY COMPANY STRUCTURES FOR STARTING BUSINESS IN MAURITIUS
Global Business Company (GBC)
Mauritius joined the BEPS Inclusive Framework, which commits signatories to implementing the minimum standards issued by the OECD on harmful tax practices, tax treaty abuses, country-by-country reporting and dispute resolution mechanisms. In compliance with its commitment to the BEPS initiative and to enhance the competitiveness and transparency of Mauritius as a financial hub, the Government enacted a newglobal business ("GB") regime and introduced
enhanced substance requirements for GB companies., as
A GBC is used for structuring the standard company business (subject to any additional licences required) and for investment holding activities. It may be eligible for benefits under Double Taxation Agreements as well as an 80% exemption threshold depending on the business activity, making it an effective vehicle for international tax planning.
A GBC Licence is issued by the FSC to a resident corporation, except as provided under the FSC Rules, where:
- The majority shares or voting rights or legal or beneficial interests are held or controlled by a non-Mauritius citizen; and
- It proposes to conduct business principally outside Mauritius or with persons specified under the FSC Rules.
The GBC must be managed and controlled from Mauritius where Notably, the corporation shall:
- Have at least two directors who are resident in Mauritius;
- Maintain, at all times, its principal bank account in Mauritius through which funds must flow in respect of the GBC’s activities;
- Keep and maintain, at all times, its accounting records at its registered office in Mauritius;
- Prepare its statutory financial statements and have them audited in Mauritius; and
- Provide for directors’ meetings to include at least two directors from Mauritius.
LMS provides professional resident directors who chair board meetings, facilitate the opening of bank accounts and function as signatories for our clients’ Mauritian bank accounts.
An Authorised Company will conduct business and have its place of effective management outside of Mauritius. The Authorised Company is not a tax resident in Mauritius and does not benefit from the country’s Double Taxation Avoidance Agreements (or tax treaties). However, they are required to submit tax returns to the Mauritius Revenue Authority (MRA), are subject to tax on income from Mauritian sources and are required to contribute to the Corporate Social Responsibility Fund.
An Authorised Company is exempted from local corporation tax, can have corporate Shareholders, Directors or Secretaries and can hold their meetings anywhere in the world, amongst others.
Mauritius trusts are regulated by The Trust Act 2001 and the common law relating to trusts, among others. A Trust is a structure where an individual (the Settlor) transfers property or assets to another individual or individuals (the Trustees) to hold for the benefit of other individuals or a specific class of people (the Beneficiaries).
Trusts are mainly used for the asset protection, estate and succession planning, avoiding forced heirship, protection against creditors, wealth conservation, charitable purposes in some instances and confidentiality they provide.
In Mauritius, there is no requirement to register the Trust with any registrar. The differing forms include a life interest trust, a discretionary trust, a purpose trust, a charitable trust, a protective trust or an asset protection trust.
Trusts may apply for a Global Business Licence to benefit from the advantages of being resident in Mauritius.
Licensed by the FSC, LMS acts as a qualified Trustee and conducts Trust business which entails the administration of the Trust, keeping accounting records and liaison with the relevant parties to ensure optimisation of the Trust assets.
How LMS can service you as a management company
We advise our clients regarding your decision-making and assist you in meeting your objectives strategically. We provide a hassle-free approach to setting up your company in Mauritius, and we leverage our international and local market expertise to offer you a global solution for all your needs.
LMS’s main objective is to provide our clients with the most appropriate solutions by adopting industry best practices. With a view of providing our clients with complete business and operational support, we have built a network comprising leading local and international partners, including, but not limited to, banks, law firms, tax experts and other professional intermediaries.