Service Overview
A Foundation is a separate legal entity established to hold assets and manage them according to a specific purpose, typically for the benefit of designated beneficiaries. It operates under a constitution or charter and is governed by a council or board of foundation members. Mauritius Foundations are governed by the Foundations Act 2012, which provides a flexible and modern legal framework distinct from trusts and companies.
Key Features
- Separate Legal Personality: Unlike a trust, a foundation is a legal entity that can own property, enter contracts, and sue or be sued in its own name
- Structure: Foundations are established by a founder through a foundation charter and governed by foundation rules
- Council of Members: Foundations are managed by a council, similar to a board of directors, responsible for administration and governance
- Purpose: Foundations can be established for private wealth management, charitable purposes, or other specific objectives
- Beneficiaries: The founder can designate beneficiaries who may receive distributions, or the foundation may operate for a defined purpose
- Perpetuity: Foundations can exist indefinitely, with continuity beyond the life of the founder
- Confidentiality: The identity of founders, council members, and beneficiaries is protected under Mauritius law
- Tax Efficiency: Foundations enjoy tax neutrality on foreign-source income and can benefit from Mauritius’ favorable tax treaties
How Helm can assist
We manage the full registration process, act as Council Members or Secretary, and provide ongoing foundation administration, compliance, and accounting.
Requirements
- Foundation Charter: Must have a properly drafted foundation charter
- Foundation Rules: Must have governing rules for the foundation
- Council Members: Must have qualified council members
- Registration: Must be registered under the Foundations Act 2012
- Compliance: Must comply with ongoing regulatory requirements
- Confidentiality: Must maintain confidentiality as required by law
