The Mauritius Foundation: characteristics and uses in 2025

The Mauritius Foundation: Characteristics and Uses

Introduced in 2012, the Mauritius Foundations Act was passed to further promote the jurisdiction as a platform for wealth management and estate planning. The legislation was a welcome addition to the Mauritius Trust Act introduced a decade earlier in 2001 and which was not very popular with civil law countries.  As it stands, the Mauritius Foundations Act 2012 offers one of the most versatile and dynamic foundations private structure available from any jurisdiction and is especially appealing to francophone African countries where civil law is prevalent.

Main characteristics of a Foundation

Mauritius Foundations combine features of both trusts and companies. While similar to corporate entities, they also offer asset protection and continuity benefits typically associated with trusts. Under the Mauritius Foundations Act 2012, a foundation automatically acquires legal personality upon registration with the Registrar of Foundations. This allows it to hold assets in its own name and operate independently.

A Mauritius Foundation can hold:

• Bankable assets (cash, bonds, securities, etc.)
• Shares and stocks in both listed and private companies
• Insurance policies and investment assets
• Real estate and intellectual property

A foundation is created when a Founder (either an individual or a legal entity) establishes a Foundation Charter and donates assets for the benefit of Beneficiaries. A Protector may be appointed to oversee compliance with the Founder’s intentions. The Council Members manage the foundation’s affairs, ensuring that its charter objectives are met.

The Board of Council Members provides a governance framework, and at least one Council Member must be a resident of Mauritius. If desired, the Founder may appoint representatives of significant donors to the board to enhance transparency and donor engagement.

Foundations can be established for either a fixed or indefinite period and can be used for charitable, commercial, or family purposes. A foundation registered in another jurisdiction may also apply to redomicile to Mauritius.

Uses of Foundations

Mauritius Foundations offer a range of benefits, including:

• Private Family Wealth Holding Structure – Preserving family wealth across generations
• Succession Planning – Protecting assets and avoiding forced heirship laws
• Tax and Estate Planning – Structuring assets efficiently
• Asset Protection Planning – Shielding assets from creditors and legal risks
• Asset Financing – Facilitating structured investments
• Charitable Activities – Supporting philanthropic initiatives

Advantages of Using Foundations in Mauritius

A Mauritius Foundation provides legal control and protection, as the Protector ensures assets are managed according to the Founder’s wishes. This role helps safeguard the Founder’s intentions while ensuring compliance with the Foundation Charter.
Foundations also benefit from limited liability and legal personality, meaning they can enter into contracts in their own name and maintain legal separation from their members. This ensures that the foundation operates as an independent legal entity, protecting the assets it holds.
From a regulatory and transparency perspective, Mauritius Foundations must comply with record-keeping and disclosure obligations, ensuring alignment with international financial standards. This enhances the credibility and legitimacy of the structure while allowing flexibility in operations.
Furthermore, governance and oversight are essential aspects of foundation management. Foundations are required to maintain proper records and may need to disclose relevant information to regulatory authorities when mandated by law. This ensures that the foundation remains compliant and operates with transparency while protecting the interests of all stakeholders.

Setting up of a Mauritius Foundation

To establish a foundation in Mauritius:

• At least one Council Member must be a Mauritian resident
• A qualified Secretary must be appointed, who must be a licensed management company regulated by the Financial Services Commission

At Nexus Global Financial Services Limited, we are a licensed management company and regularly serve as qualified Secretary for Mauritius Foundations. The qualified Secretary plays a crucial role in ensuring compliance with regulatory, tax, and governance requirements.

Registration Process

A foundation must be registered with the Registrar of Foundations and must submit the following details:

• Foundation name
• Date of the Charter and any amendments
• Purpose and objectives
• Articles of the foundation (if applicable)
• Founder’s name and address
• Details of Beneficiaries (or criteria for their appointment)
• Qualified Secretary’s name and address
• Council Members’ names and addresses
• Registered office address
• Foundation’s duration (if applicable)

Mauritius Foundations in 2025: A Growing Wealth Management Tool