Appleby Mauritius Newsletter, Nov 2022
Welcome to Appleby’s last edition of the Newsletter for 2022!
The year has been eventful and rich in regulatory developments both globally and on the domestic fronts. As the year draws to its close, the time is for reflection on how best to weather through the challenges ahead as we continue to emerge from the COVID-19 pandemic and adapt to the new economic challenges on the international scene.
We extend our best wishes to you all for a peaceful holiday period and a successful new year.
Malcolm Moller
Group Managing Partner
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Banker's duty of confidentiality
A bank’s duty of confidentiality to its customers, as well as the obligation on banking institutions to preserve the details and secrets of its clients, are long-established principles. Whilst some may argue, on the basis of the Norwich Pharmacal principles, that they are entitled by law to request the disclosure of limited information from banking institutions, the Mauritian Chief Justice has recently clarified the position of the bank in respect of its overriding duty of confidentiality towards its clients and any possible latitude towards disclosure.
What is RegTech? Has the time come for its implementation into our legal landscape?
In Mauritius, the period starting from the outbreak of the COVID-19 pandemic has witnessed a remarkable increase in the regulatory landscape, especially as regards the promotion of technology, artificial intelligence and other fintech applications, whether as a necessary means to revisit the way we do business in line with international development or simply in our quest to establish the new normal which the COVID-19 pandemic has admittedly triggered. The time has now come to explore some of the other possibilities which technology such as advanced analytics and machine learning offer.
The Statutory Requirement for a Debenture Holders’ Representative in Mauritius
A debenture is essentially a debt instrument which is traditionally not supported by any collateral security and frequently has a term of repayment exceeding ten years.
Taking Insurance a Step Higher: structured Investment - Linked Insurance Business
In line with the budgetary measures which were announced for 2020-2021, the Insurance Act 2005 (Insurance Act) was amended on 02 August 2022 with a view to further enhancing competitiveness of the financial services sector. Thus, a legal framework has now been established to enable the operation of Structured Investment-Linked Insurance Business (SILIB) activities under the long-term insurance business category.
Mauritius Case-Law Summary November 2022
This is a summary of recent cases likely to influence the practice of global business in Mauritius.
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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.
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.
Professional emails are personal data
Case Commentary – France, Cour de cassation, 18 June 2025, 23-19.022 Professional emails are personal data.