Appleby Mauritius Newsletter, April 2022

Published: 26 Apr 2022
Type: Insight

Welcome to the April 2022 issue of Appleby’s newsletter. Each quarter, we will give you an overview of the latest legal and regulatory developments in the offshore world for the Mauritian jurisdiction.


There have been significant changes to the Mauritian legal landscape since the outbreak of the COVID-19 pandemic especially in the area of the emerging technologies and cyberspace, the latest of which is the Virtual Assets and Initial Token Offering Act 2021. As it is customary at this time of the year, the preparations and discussions for the National Budget 2022-2023 have begun and we hope to share insights on incentives to further boost our international financial centre once these are known.

As we have all adapted to the new normal work culture of blending work from home and physical attendance at the office, the Mauritius office has promoted a member of the team to a senior position and injected new blood into the team. I am thus delighted to announce the promotion of Muhammad Aadil Koomar to the position of Counsel. The Appleby Mauritius office has also welcomed the following legal practitioners after they were admitted by the Supreme Court of Mauritius: Vaishali Damonaiko, Abdal Aumeer and Dylan Mannikum who successfully completed their pupillage with ourselves and, Suhaylah Juman who was a recipient of the Appleby Legal Education Scholarship.

This comes at a particularly interesting time, as the Mauritian legal landscape is steadily growing in line with global developments and we continue to progress in matters of Government, immigration, legislative and economic development, making the jurisdiction a more attractive place to do business.

We hope you find the below update informative and interesting. If you have any questions or comments, please contact our team or your usual Appleby representative.

Corporate updates
Technology-and-Innovation-1024x576
26 Apr 2022

Blockchain: The New Normal for Voting?

One of the learning points of the COVID-19 pandemic remains undoubtedly the dramatic shift which it has triggered on the impact of emerging technologies into our business ecosystem. From the ‘good to have’ tool for ease of undertaking our personal necessities or being more commercially savvy, we have moved overnight to accommodating the emerging technologies as the indispensable tool for our personal or commercial demands.

Mauritius 1024x576
26 Apr 2022

Constitution or Shareholders’ Agreement – which one prevails?

In the daily practice of a corporate lawyer in Mauritius, a common item which crops up when seeking to ascertain the management rights and duties and obligations of the various stakeholders of a company is whether one should give prevalence to the company’s constitution or to its shareholders’ agreement.

Mauritius 1024x576
26 Apr 2022

Employment rights during and following a pandemic under the Workers’ Rights Act

In view of the ongoing COVID-19 pandemic which is currently affecting the community at a global level, employers are faced with unprecedented questions as to what to do regarding their employees and the way forward, short term or long term.

Mauritius 1024x576
26 Apr 2022

Statutory Demand: The time for a re-think?

A statutory demand is often perceived as a powerful weapon which the Insolvency Act 2009 (‘Insolvency Act’) has placed into the hands of a creditor to secure the prompt settlement of a debt. Indeed, it has the effect of unduly pressurising a debtor to settle its debt swiftly for fear of facing a creditor’s application to the Bankruptcy Division of the Supreme Court (‘Court’) to liquidate the debtor through this ‘fast-track’ weapon the more so that the Insolvency Act has created a presumption of insolvency which operates against a debtor who does not comply with a statutory demand.

Dispute Resolution updates
Mauritius 1024x576
26 Apr 2022

Bank One Limited v Basgeet 2021 SCJ 93

The Supreme Court of Mauritius, sitting in its appellate jurisdiction, held that a fixed charge which resulted from the crystallisation of a floating charge which had been duly registered and inscribed with the Registrar General/Conservator of Mortgages of Mauritius, was not valid and enforceable under the terms of the Civil Code because at the time of crystallisation the ‘property’ subject to the now fixed charge had not yet come into existence and, this was not permissible under the Civil Code.

Key contacts
Share
More publications
Appleby-Website-Mergers-and-Acquisitions
2 Mar 2026

The Cost of Dissent: Managing Liquidity and Statutory Validity in Major Mauritian Transactions

Mergers and Acquisitions (M&A) are intricate manoeuvres that demand more than just commercial synergy; they require absolute statutory precision.

Appleby-Website-Corporate-Practice
24 Feb 2026

Receivership - Does a fixed charge rank ahead of a banking or fiscal privilege?

The question of priority ranking between the different types of securities in Mauritius is not purely technical. It is a fundamental question at the very heart of creditor protection, enforcement and the stability and security of secured lending.

Appleby-Website-Fund-Finance
28 Jan 2026

Fund Finance Laws and Regulations 2026 – Mauritius

The Mauritius fund industry demonstrated significant resilience and adaptability in 2025, successfully navigating a complex period of global tax reform and heightened regulatory standards. The year was defined by the integration of the 2025 Finance Act’s new tax framework (including the Qualified Domestic Minimum Top-Up Tax, or QDMTT) and a reinforced focus on economic substance, such as the two resident director rule for global business companies (GBCs). This pivot has further solidified the jurisdiction’s move from a tax-led financial centre to a substance-based one. Private equity and debt funds, particularly those focused on African and Asian markets, continue todominate the landscape, with Mauritius retaining its top-tier ranking as an investment gateway for Africa. The variable capital company (VCC) structure remains a popular choice for its flexibility, supplemented by a mature ecosystem of legal and administrative experts.

Appleby-Website-Transport-and-Logistics
13 Jan 2026

Maritime Due Diligence: Mauritius at crossroads

The year 2025 has witnessed a wave of revocations of Authorised Companies’ Licenses – more than 25 - by the Financial Services Commission (FSC) in Mauritius, pursuant to section 74(5) of the Financial Services Act.

Appleby-Website-Banking-and-Financial-Services
8 Oct 2025

Enforcing Integrity: The UK’s Legal Arsenal Against Market Abuse

The legal concept of market abuse and the twin concept of upholding market integrity are not new as these were prevalent since the 17th century ¹. As a matter of fact, there is a belief that insider dealing was the root cause of demise of the South Sea Company in the 18th century.

Website-Code-Mauritius-1
9 Sep 2025

Dual Remedies Afforded against the Granting of Injunctions

Actis Consumer Grooming Products Ltd v Super-Max Mauritius [2025 SCJ 388]

Website-Code-Mauritius-1
27 Aug 2025

The Mauritian National Budget 2025/2026 - From abyss to prosperity: Rebuilding the bridge to future

On 05 June 2025, Dr Navinchandra Ramgoolam GCSK, FRCP, Prime Minister of Mauritius, in his capacity as Minister of Finance (Minister of Finance) tabled the National Budget for the fiscal year 2025-2026 under the theme “From Abyss to Prosperity: Rebuilding the Bridge to the Future”.

Appleby-Website-Arbitration-and-Dispute-Resolution
18 Aug 2025

Mauritius as an Ideal Seat for Arbitration

In one of its recent determinations, the Mauritian Supreme Court re-affirmed a line of decisions which confirmed its support to arbitration, whether international or domestic. These determinations reflect its understanding of the needs of business community, characterised by a marked choice to resolve disputes through a private mechanism to allow existing business relationships to thrive.

Appleby-Website-Corporate-Practice
25 Jul 2025

Insider Dealing: A Review of the Treatment in Mauritius, EU and US Federal law

A review of the treatment in Mauritius, the United States and the European Union of the offence of insider trading confirms the contrasting approaches which these jurisdictions have adopted on the issue even though all three jurisdictions share two fundamental concerns namely, (i) the prohibition on an insider to take an unfair advantage by reason of information which he has obtained to the detriment of third parties who are unaware of such information and, (ii) the protection of the integrity of financial markets and investor confidence ¹.

Appleby-Website-Employment-and-Immigration
20 Jun 2025

Professional emails are personal data

Case Commentary – France, Cour de cassation, 18 June 2025, 23-19.022 Professional emails are personal data.