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Mauritius Foundations

A hybrid structure combining features of companies and trusts, ideal for philanthropy, wealth holding, and succession planning where civil law clients seek a familiar vehicle.

Overview

A Mauritius Foundation is established under the Foundations Act 2012 and represents a distinct legal entity — unlike a trust, which is a relationship rather than a separate person. The foundation is particularly attractive to civil law clients from Europe, Latin America, and the Middle East who are more familiar with the foundation concept than with Anglo-Saxon trusts. It provides an excellent vehicle for philanthropy, wealth preservation, and succession planning.

Key Features
Separate legal personality (unlike a trust)
Governed by the Foundations Act 2012
Can hold assets and enter contracts in its own name
No shareholders — governed by a Council
Founder may retain significant reserved powers
Beneficiaries have rights enforceable against the Foundation
Can be established for charitable or private purposes
Option to appoint a Supervisor (similar to Protector)
Registered with the Registrar of Foundations
Confidentiality of charter and beneficiary information
Structure Details

Legal Personality

Unlike a trust, a Mauritius Foundation has separate legal personality. It can own assets, enter contracts, sue and be sued in its own name — making it more intuitive for civil law practitioners and clients.

Governance

The Foundation is governed by a Council (equivalent to a board of directors) in accordance with the Foundation Charter. The Founder may reserve specific powers including the right to amend the Charter or dissolve the Foundation.

The Supervisor

A Supervisor may be appointed to oversee the Council's management of the Foundation. The Supervisor's role is analogous to the protector in a trust structure and provides an additional governance safeguard.

Tax Treatment

A Mauritius Foundation may qualify for similar tax treatment to a GBC if it holds a Global Business Licence and meets the relevant conditions, potentially accessing the DTA network and partial exemption regime.

Asset Protection

The Foundation provides robust asset protection. Assets transferred to the Foundation are owned by the Foundation itself, not by the Founder or beneficiaries, placing them beyond the reach of most creditor claims.

Philanthropy

Mauritius Foundations are frequently used for philanthropic purposes. A Foundation established for charitable objects may conduct charitable activities globally, and its structure can be adapted to accommodate complex philanthropic mandates.

Typical Use Cases
Philanthropy and charitable giving
Wealth preservation for civil law clients
Succession planning without forced heirship risk
Holding structure for family assets
Family governance vehicles
Purpose-driven asset holding
Alternative to trust for Middle East clients
Cross-border estate planning

Ready to establish your Foundations?

Our team will guide you through every step — from initial structuring advice through to incorporation, licensing, and ongoing administration.