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The Foundations Act 2012 was enacted by the Mauritius National Assembly in June 2012 and came into force on 1 July 2012. The Act sets out the legal framework for the registration of foundations in Mauritius.


A. History And Background

Mauritius is an island situated in the Indian Ocean approximately 2,400 kilometres from the south-east coast of Africa in the GMT + four hours time-zone and has a population of approximately 1.2 million. Mauritius is not blacklisted by either the Organisation for Economic Cooperation and Development (OECD) or the Financial Action Task Force on Money Laundering.

The currency is the Mauritius rupee (MUR).

B. Legal system As a result of its colonisation by both France and England, today Mauritius enjoys a hybrid legal system, with its civil law being based on the French Code Napoléon, while its company law and commercial law are of British inspiration. Although Mauritius acceded to the status of republic in 1992, right of appeal to the Judicial Committee of the Privy Council based in England has been maintained.

The first trust legislation was enacted only in 1989 but trusts were recognised and given effect by the courts in Mauritius as far back as 1962. The Offshore Trusts Act was enacted in 1992 as part of the legislative framework to launch Mauritius as a financial centre. A new Trusts Act was enacted on 1 December 2001, and it repealed and replaced both the 1989 and the 1992 acts. This new Act provides a single integrated legislation to regulate all trusts in Mauritius.

Editorial Board
Muhammad Uteem TEP (lead editor)
Uteem Chambers, Port Louis, Mauritius
Shammeem Abdoolakhan TEP
Cim Global Business, Port Louis, Mauritius
Assad Abdullatiff TEP
Axis Fiduciary Services, Port Louis, Mauritius


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