Mauritian Foundations

Mauritian foundations are governed by the Foundations Act 2012 and provide a hybrid structure combining key features of both trusts and companies. Once registered, a foundation has a separate legal personality, allowing it to hold assets, enter into transactions, and undertake activities in its own name. This creates a distinct pool of assets independent from both the founder and beneficiaries, offering flexibility for structuring ownership, succession planning, and asset protection.

Charter

A foundation must be established by a written charter signed by the founder. This document sets out the foundation name, registered office, details of the founder and beneficiaries, the purpose and duration, the initial endowment of assets, and the procedures for appointing the council and any protector, including their powers and duties.

Secretary

A foundation is required to appoint a secretary, which must be a licensed management company or another person authorised by the Financial Services Commission. This role ensures regulatory compliance and administrative support.

Registered Office

Every foundation must maintain a registered office address in Mauritius, which serves as the official address for communications and legal notices.

Council

A Foundation council must be appointed to administer the foundation’s assets and ensure its objectives are met. At least one or more persons must be appoint the Foundation council member must be resident in Mauritius. The council must act in accordance with the law and the foundation’s charter, in good faith and with appropriate care, and may incur personal liability in cases of fraud, wilful misconduct, or gross negligence.

Founder and Beneficiaries

The foundation is established through the unilateral act of the founder, who transfers assets which thereafter belong to the foundation. The founder determines the purpose and beneficiaries and may also be a beneficiary. Beneficiaries may benefit from the foundation but do not hold a direct ownership interest in its assets.

Mauritius Foundations are subject to corporate income tax at a standard rate of 15%. However, certain structures may benefit from reduced or exempt tax treatment, including where a Global Business Licence is held or where founders and beneficiaries are non-resident. Foundations established exclusively for charitable purposes are exempt from tax.

Foundations may be established for a wide range of purposes, including private wealth structuring, philanthropic activities, and holding investments. Existing foreign foundations may also be redomiciled to Mauritius and continue as Mauritian foundations.