Section 2: Interpretation
consolidated text (as at 2017, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
2. Interpretation
(1) In this Act—
“authorised officer” means an officer duly authorised in writing by the
Registrar;
“business”—
(a) includes every form of trade, commerce or manufacture, craftsmanship, calling, profession, vocation or occupation or any other
activity carried on by a person for the purposes of gain or
profit;
(aa) includes any activity of—
(i) a statutory body specified in the First Schedule to the
Statutory Bodies (Accounts and Audit) Act;
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Business Registration Act
(ii) a co-operative society registered under the Co-operatives
Act;
(iii) an association registered under the Registration of Associations Act; and
(iv) a trade union registered under the Employment Relations
Act; but
(b) does not include—
(i) any office or employment;
(ii) any of the businesses or activities specified in Part I of the
First Schedule; or
(iii) any business activity carried on by a person, or class of
persons, specified in Part II of the First Schedule;
“business name” means the name or style under which a person carries on business;
“business registration card” means a business registration card issued
under section 8 (2);
“business registration number” means the number allocated by the
Registrar under section 8 (1);
“CBRD” means the Central Business Registration Database established
under section 5;
“Central Business Registration Card” means a business registration
card issued under section 8 (2);
“commercial partnership” includes a société commerciale de fait which
is liable to payment of registration fee under the Companies Act;
“company” means a company incorporated or registered under the
Companies Act;
“fee”—
(a) means the registration fee payable under sections 6 and 8 (7); and
(b) includes the fee payable under section 15;
“firm” includes an unincorporated body consisting of one or more individuals, or of one or more corporations, having constituted a partnership
with a view to carrying on business;
“local authority” has the same meaning as in the Local Government Act;
“Minister” means the Minister to whom responsibility for the subject of
corporate affairs is assigned;
“person” includes a consortium, société, partnership, joint venture,
trust or firm;
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Revised Laws of Mauritius
“person responsible for the management of a business” includes every
director, manager, partner, officer, individual, secretary, agent or
employee who is at any time in charge, either solely or to a substantial
extent, of the management of the business;
“public sector agency” means any agency specified in the Third
Schedule;
“Registrar” means the Registrar of Businesses;
“registration”, in relation to a person, means registration of his business or business name under this Act;
“relevant permit” includes any licence, approval or other authorisation
required from a public sector agency under any enactment;
“société”—
(a) means a société formed under any enactment in Mauritius; and
(b) includes—
(i) a société de fait;
(ii) a société en participation;
(iii) a joint venture;
(iv) a consortium; or
(v) a société, partnership or similar business entity formed
under the law of a foreign country;
“trust” has the same meaning as in the Trusts Act.
(2) For the purposes of this Act a person who has a place of business in
Mauritius shall be deemed to be carrying on business in Mauritius.
[S. 2 amended by s. 6 (a) of Act 9 of 2015 w.e.f. 15 February 2016.]
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Questions this section answers
- What counts as a "business" under the Business Registration Act?
- Are employees or people with an office job treated as running a business?
- What is a business registration number?
- Who is treated as responsible for managing a business under this Act?