Private law is largely based on the Napoleonic Code, whilst public and administrative laws – including company law – draw on English Common law. After achieving independence in 1968, Mauritius adopted a constitution based on the British parliamentary system and, although the island became a Republic in 1992, it remains a member of the Commonwealth and the ultimate court of appeal is the Privy Council.
Mauritian Law relating to the financial services sector is unparalleled and fast becoming the most innovative and refined legislative jurisdiction for offshore investment, wealth management and business services.
Mauritius law is based on a mixture of French (Civil Law) and English (Common Law).
Mauritian Trust Legislation
The legislation applicable to trusts consists of the following:
The Trust Act 2001
Mauritian Company Legislation
Current legislation in respect of companies is based on The Companies Act 2001. Other related legislation includes:
- The Protected Cell Companies Act 1999
- The Financial Services Development (Amendment of Schedules) Regulations 2001
- The Financial Services Development Regulations 2001
- The Financial Intelligence and Anti-Money Laundering Act 2002
- The Prevention of Corruption Act 2002
- The Prevention of Terrorism Act 2002
- The Prevention of Terrorism (Special Measures) Regulations 2003
- The Financial Intelligence and Anti-Money Laundering Regulations 2003
- The Convention for the Suppression of the Financing of Terrorism Act 2003
- The Securities Act 2005
- The Insurance Act 2005
- The Protected Cell Companies Act (Amendment of Schedule) Regulations 2005
- The Financial Intelligence and Anti-Money Laundering (Amendment) Regulations 2006
- The Financial Services Act 2007
- The Financial Services (Consolidated Licensing and Fees) Rules 2008