Easing the way we do business in Mauritius

26 May, 2017

 

Business Facilitation (Miscellaneous Provisions) Act 2017 

The new Business Facilitation (Miscellaneous Provisions) Act 2017 (the Act), came into force on 20 May 2017. The Act brings a number of amendments to various legislations in view to easing the way we do business in Mauritius.

Hereunder a summary of such changes, as well as a copy of the Act.

 

Summary of changes

Companies Act

Incorporation of a company

The Registrar of Companies will issue a certificate of incorporation electronically, upon payment of a prescribed fee. Applicants may also request a signed copy.

Objection to removal from the Register of Companies

Any person filing an objection against the removal of a company from the register will have to file proof of grounds of objection with the Registrar of Companies within 2 weeks (previously 6 weeks) of the date of the objection.

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Investment Promotion Act

Establishment of an e-licensing system

The Minister intends to establish an electronic licensing system for the application, processing and determination of a permit (excluding permits for import and export of goods).

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Income Tax Act

The Director-General of the Mauritius Revenue Authority will now be responsible for enforcing payment, and for recovering any unpaid social charge.

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Land (Duties and Taxes) Act

Subject to Board of Investment certification, there will be no land duty and taxes on a deed witnessing the transfer of:

a. land that the purchaser will use to construct warehouses; or
b. land on which there is a building used primarily as a warehouse.

No deed will be registered unless it is accompanied by a summary, duly filled in.

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Registration Duty Act

Subject to Board of Investment certification, there will be no registration duty on any deed witnessing the lease of:

a. land, provided that the lessee uses the land to construct a building used primarily as a warehouse;
b. land on which there is a building used primarily as a warehouse.

No deed will be registered unless it is accompanied by a summary, duly filled in.
 

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Morcellement Act

On application for a Morcellement permit that is accompanied by a preliminary environmental report or an Environment Impact Assessment (“EIA”) licence, every member of the Morcellement Board shall convey his stand on the application within 2 weeks of the date on which the application is complete (effective date). Otherwise, the Board shall be deemed to have no objection to the issue of the letter of intent.

The Morcellement Board shall forward the application to the Minister with its recommendations within 3 weeks from its effective date.

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Local Government Act

Application for a Building and Land Use Permit

Applicants will not be required to produce their National Identity Card or certificate of incorporation when processing their application through a local authority having access to the Central Business Registration Database (CBRD) and to the Central Population Database.

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