Corporate planning and Structure
Our Expertise
The key to strategic development, cost reduction and maximization of profits is proper corporate planning and structure. Curatus will assist you in building an apt structure, and will implement the solution tackling your individual needs and ongoing expectations
We provide
The structuring of your international business
A Foundation is a vehicle designed to bring flexibility in the existing Mauritius
corporate sphere.
A Foundation is appealing to clients who are in civil law countries and who may not
be familiar with the concept of a trust as an operating structure. It exists as a legal
entity and can be re-domiciled or migrated.
A Foundation may be used to carry on or undertake any business or activity in or
outside Mauritius, entering into any transactions and holding assets. It may also be
used for private wealth management and estate planning by high net worth
individuals.
A Foundation may be set up to achieve both charitable and non-charitable objects
and may be designed to benefit a person or class of persons or to carry out a
specified purpose. It acts through its council, which is the body in charge of the
administration of the Foundation’s assets and the attainment of its objects.
A Foundation may apply for a Global Business Licence in order to take advantage of
the tax credit under the network of Double Taxation Avoidance Agreements and
Investment Promotion and Protection Agreements that Mauritius has entered
into with various countries. In considering such application, the Regulator shall have
regard to whether the conduct of business will be or is being managed and
controlled from Mauritius.
A Global Business Company (“GBC”) is the most preferred type of entity used for a broad range of purposes and activities.
It is predominantly used to do business outside of Mauritius, but it is also eligible to
conduct proceedings within Mauritius. A GBC can carry out any type of business activity, including financial business activities such as asset management, treasury management, and pension fund administration amongst others.
Potential Uses
- An ideal vehicle for tax planning to structure your investments into countries with which Mauritius has a DTAA in place such as UAE and most European countries.
- Used to hold investments and protect your assets.
- Used to hold intellectual property such as royalties, copyright and patent rights
- It is the base entity to set up a Collective Investment Scheme most commonly known as a hedge/mutual/pension fund in Mauritius
- A foreign company can be set up as a GBC in Mauritius to continue operations after migration/re-domiciliation from another jurisdiction
- A foreign company can be migrated/re-domicile in Mauritius and continue as a GBC
- A simple vehicle for holding Residential Property in Mauritius
Advantages
- Low corporate tax of 15% but 80% partial exemption available on certain income subject to meeting substance requirements.
- No withholding tax on dividends, interests and royalties in Mauritius.
- No capital gains tax applicable
- No minimum share capital
- No exchange control
- No estate duty and no registration duty
- No Value Added Tax (VAT) on global business transactions
- No expropriation and free repatriation of profits, capital and interest as per the Mauritian Network of Investment Promotion and Protection Agreements
An authorised company is mainly set up to conduct business activities with non-Mauritian residents, outside Mauritius and in currencies other than the Mauritian rupee.
It is preferably used for investment holding, treasury management and hedging in various currencies. It is highly recommended for trading businesses involved in the export and import of goods. It can be used as an invoicing vehicle to facilitate trade.
Potential Activities
- Investment holding company for High Worth Individuals
- Treasure management and hedging in various currencies
- Property holding
- International trade
- Management and consultancy
- IT services and logistics
- Marketing
- Shipping and ship management
Advantages
- No tax on foreign source income if centrally managed and controlled outside of Mauritius
- No withholding tax on outward remittances
- No exchange control requirements
- No need for resident director and board meetings can be held outside of Mauritius
Our organisation has established itself as one of the most outstanding service providers in terms of the setting up and administration of various types of trusts.
WHAT ARE THE BENEFITS OF A TRUST ?
- FLEXIBILITY
- CONFIDENTIALITY
- TAX PLANNING
- ASSET PROTECTION
- CONTINUITY OF FAMILY BUSINESS
For 20 years, Curatus has specialised in the formation and maintenance of
trusts from a European client database.
We are an independent and flexible organisation which has evolved into the
role as trustee by caring to the specific needs of our clients and at the same
time building lasting client relationship.
The setting up and implementation of the custom-made structures
A Fund Management Company incorporated in Mauritius is a company authorised to manage investment funds set up in Mauritius and other countries.
In Mauritius, this entity will be licensed as a Collective Investment Scheme (CIS) Manager, and is entitled to carry out any activity related to the management of a Collective Investment Scheme in the form of simple private equity funds to more complex structures such as mutual funds, hedge funds, international feeder funds and umbrella funds.
Our services as Fund Administrator are as follows:
- Setting up/incorporation of the fund structure
- All administrative services required by the scheme
Provision of registrar - Distribution of the securities of the scheme
- Maintaining accounting records of the scheme
- Maintaining the portfolio of the scheme
- Liaising with the local authorities
- Liaising with the auditors
- Arranging for Financial Statements
- Compiling and filing of Tax Returns
- Filing of surveys to the Financial Services Commission
- Provision of MLRO and Compliance Officer who will ensure conformity with the relevant laws of the scheme
- Arranging for AML/CFT manual
- Disaster recovery
A Protected Cell Company (“PCC”), most commonly known as a Segregated Portfolio
Company, is a legal structure that enables a company to have one or more cells. It gives the flexibility to divide the assets into multiple cells with the aim of protecting the assets of each cell against the failure of another, while remaining a single legal entity.
Potential Uses
- Single legal entity
- Used to structure finance and market transactions and in cases of multi-class investment funds to prevent liabilities from spilling over
- A PCC can be used to hold assets outside or in Mauritius
- Can be applied to insurance businesses to avoid the risk of cross liability of participants
Advantages
- Subject to an effective tax rate of 15% but may benefit from 80% partial exemption on certain income subject to meeting substance requirements when incorporated as a GBC
- May benefit from the network of Double Taxation Avoidance Agreements
- No minimum capital requirement is imposed on each cell
- Unlimited number of cells may be provided with their own name or designation
- May be incorporated, continued or converted from an existing company
A highly flexible and customisable vehicle used for investing through Mauritius, allowing for greater management flexibility through the partnership agreement as
management and control remains in the hands of the General Partner.
The LP can either be a separate legal entity, whereby any partnership property would be held by the LP itself, or not be a separate legal entity where such property would be held by the General Partners. A LP can be set up as a domestic company, or a GBC in the case of which it may benefit from the 80% tax exemption on certain income subject to meeting substance requirements and have access to the network of DTAAs.
A limited partnership can elect to have legal personality and must have at least one
general partner who is liable for all the debts and obligations of the partnership, and at
least one limited partner who is liable only up to the maximum amount of its
commitment.
An application for the formation of a domestic LP must be made to the Registrar of
Limited Partnerships. An LP can also apply to the Financial Services Commission for a
Global Business Licence if it conducts a major part of its business outside Mauritius.
An LP is required to have a registered agent in Mauritius.
Advantages
- No capital gains tax if investments are held for more than 6 months
- May migrate from or to another jurisdiction
- Rights of partners are largely determined by the partnership agreement
- Can be used for a wide range of purposes including holding assets, trading activities, family wealth structuring and private equity investments
A Private Trust Company (“PTC”) is a company formed to act as trustee to a limited number of trusts either for the benefit of a single family or for the benefit of different branches of a family or for distinct family groups.
The PTC can be a Global Business Company and does not need a Corporate/Qualified Trustee licence.
Information provided to the Regulator is treated in strict confidence. Depending on the client’s requirements, the PTC can operate either as a GBC or as a Foundation.
Click here for a PTC Structure example
Assistance in banking needs
All companies require a bank account in order to be able to conduct business, but opening accounts is becoming increasingly difficult due to the cumbersome international regulatory framework for transparency and anti-money laundering
regulations.
Many banks will no longer open accounts for non-resident companies. Others will only open accounts for clients that have been introduced by a recognised and licensed service provider that is on their ‘approved list’.
All banks now undertake increased due diligence – not just when opening accounts but also on a transactional basis. Account opening procedures differ widely between banks, sometimes even between different branches of the same bank. Applications
can be complicated and documents often have to be certified or notarised and
translated.
Curatus has longstanding relationships with many banks in Mauritius and can act as a facilitator by assisting with bank introductions and the preparation and submission of the necessary documentation.
Clients are, of course, free to choose their most preferred bank for conducting their
transactions. However, as an intermediary between the bank and the client, Curatus can negotiate better terms and fast track the opening of the account.
Dedication to providing responsive, high-quality and cost-effective services tailored to your individual anticipations.
- Booking of air tickets
- Hotel reservation
- Excursion planning
- Restaurant reservation
- Yacht reservation
- Wedding ceremonies
- Private parties
- Birthday events
- Anniversaries
The choice of jurisdiction, its regulations and fiscal liabilities prevail and become crucial while purchasing assets of high-end value like yachts, helicopters and aircraft.
Mauritius holds the reputation of a stable and highly developed platform of choice for the structuring of aircraft and vessel ownership enjoying global acceptance and respect for Mauritian high standards of safety and operations.
Ships and vessels of any kind and size can be registered in Mauritius in the name of the representative person who is residing in Mauritius and holding a legal or beneficial interest in the registered asset. However, for foreign clients registration of the asset in the name of a legal entity can be more beneficial.
While using a corporate structure to hold the asset, a client should be clear about the future geographical operations, as those will influence the type of the entity and therefore its tax liabilities.
Depending on the needs and requirement of each unique situation, Curatus, being a licensed management company, will design a suitable holding structure for the client.
- Payment of school fees on time
- Payment of bills
- Annual insurance renewal
- Personal Shopping
- Calendar Management
Compliance with legal & regulatory requirements
Curatus understands the importance of being compliant and the great risk of being indulgent. Our compliance services are designed to ensure that our structures are compliant with local and international legislations. One of the most important elements of compliance is to ensure that all the latest statutory requirements are fulfilled. We therefore highly emphasize on the continuous training and capacity building of our staff
members.
Our services encompass the below:
- Provision of a Money Laundering Reporting Officer (“MLRO”), a Deputy Money Laundering Reporting Officer (“DMLRO”), and a Compliance Officer where
required. - Carrying out regular compliance reviews and producing timely reports
- Ensuring compliance with licensing guidelines, constitutive documents and local regulations
- Ongoing Customer Due Diligence monitoring and risk profiling
- Review and assist with on-boarding and ongoing procedures to ensure
compliance with FATCA and CRS - Advice on AML systems, issues and reporting
- Data Protection Services
- Liaising with international regulatory bodies for the filing of FATCA/CRS