APPLEBY MAURITIUS NEWSLETTER, JULY 2022
Welcome to Appleby’s quarterly newsletter!
There have been interesting developments in our legal landscape since our last issue with the Government’s continued endeavours to further enhance our international financial centre as one of excellence.
We invite you join us in the forthcoming webinar hosted by the Economic Development Board on Wednesday 27 July 2022 at 09:00 GMT and during which Appleby will share its insights on “Mauritius IFC: Your Ideal Hub for Private Equity and Fund Management”.
Digital Banking - Being future ready
One of the positive aspects of digitalisation is the opportunity which it has offered for financial inclusion.
This article reviews the approach which the Mauritian Supreme Court adopts on the concept of “Concurrence Déloyale” in the employment sector.
FSC Rules issued under the Virtual Asset and Initial Token Offerings Services Act 2021 (VAITOS)
On 15 July 2022, the Financial Services Commission (FSC) issued the following rules under the VAITOS.
The Supreme Court had to address a preliminary objection raised by co-respondents Nos. 1, 2 and 3 on the ground of jurisdiction to contest and challenge the court’s competence to determine the issues and claims set out in the application.
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Ship Arrest in Mauritius: Legal Certainty Under the 1952 Convention in a Changing Maritime Landscape
Mauritius is considered as an attractive option when considering ports in the region to secure maritime claims through in rem judicial proceedings namely ship arrest. While its strategic geographical position on the Western Indian Ocean marine highway as well as its well-tried regulatory framework on ship arrest do raise interests of maritime claimants, nevertheless, have also been raised as to the adequacy of the existing law governing ship arrest, in the light of the evolution of shipping business and heightened risks of damage and loss associated with maritime operations.
International Women’s Day 2026 Roundtable: Rights. Justice. Action. For all women and girls.
As we recognise International Women’s Day 2025, we are reminded that gender equality is not just a vision – it’s a call to action.
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.
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.
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.
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.
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.
Dual Remedies Afforded against the Granting of Injunctions
Actis Consumer Grooming Products Ltd v Super-Max Mauritius [2025 SCJ 388]
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”.
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.