Foundation

Foundation
A Foundation is a legal entity established to manage assets for private, charitable, or corporate purposes. It combines features of both a trust and a company—offering asset protection, succession planning, and long-term continuity without having shareholders or members.
Foundations in Mauritius are governed by the Foundations Act 2012, and may be set up inter vivos (during the founder’s lifetime) or by will. They are particularly useful in jurisdictions where trusts are not recognised and can be structured for private wealth management, charitable giving, or holding of corporate and family assets.
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Key Features
- Separate legal personality
- May benefit individuals, a class of persons, or specific purposes
- Governed by a Council (at least one member must be Mauritius-resident)
- Requires a licensed secretary and registered office in Mauritius
- Can elect to be tax resident and hold a Global Business Licence
- No forced heirship rules apply
- May be used where confidentiality is important — founder’s wishes are not publicly disclosed
- Protected from foreign court claims and judgments
Typical Uses
- Succession and estate planning
- Asset protection and ownership structuring
- Philanthropic and charitable purposes
- International tax planning
- Family or employee benefit schemes
- Holding of intellectual property, real estate, or investment portfolios
Taxation
A Foundation may apply for tax residency and access Mauritius’ network of Double Taxation Avoidance Agreements. Foundations with all beneficiaries and activities outside Mauritius may be exempt from tax.
Formation & Registration
A Foundation is created by registering its Charter, which includes:
- Name and purpose
- Details of founder, secretary, council members, and beneficiaries
- Registered office address
- Duration (if not perpetual)
Once approved, the Registrar issues a Certificate of Registration confirming legal status.
Management & Governance
Foundations are managed by a Council, which is responsible for carrying out the Foundation’s objectives. Similar to trustees, the Council may exercise discretion over the appointment of beneficiaries and the distribution of assets, as permitted by the Charter and any regulations.
Foundation - Key Features |
|
---|---|
Founder |
|
Corporate Founder |
Allowed |
Council |
|
Members |
At least one should be resident in Mauritius |
Beneficiary |
|
Number of beneficiaries |
One or more |
Protector |
|
Protector |
Can be appointed |
Secretary |
|
Secretary |
Required. Should be a management company |
Registered Office |
|
Registered Office |
Should be in Mauritius |
Taxation |
|
Residence |
Can elect to be non-resident in Mauritius if founder and beneficiaries are non-residents |
Tax |
No if not tax resident in Mauritius |
Charitable Foundation |
Not taxable |
Access to Double Taxation Treaties |
Yes if tax resident |
Re-domiciliation |
|
Re-domiciliation |
Permissible |
Annual Government Costs |
|
First Registration Fee |
MUR 9,000 |
Annual Registration Fee |
MUR 9,000 |