Section 274: Meaning of “carrying on business”
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
274. Meaning of “carrying on business”
For the purpose of this Part—
(a) a reference to a foreign company carrying on business in Mauritius includes a reference to the foreign company—
(i) establishing or using a share transfer office or a share registration office in Mauritius; or
[Issue 10] C35 – 164
Revised Laws of Mauritius
(ii) administering, managing, or dealing with property in Mauritius as an agent, or personal representative, or trustee, and
whether through its employees or an agent or in any other
manner;
(b) a foreign company shall not be held to carry on business in Mauritius merely because in Mauritius it—
(i) is or becomes a party to a legal proceeding or settles a legal proceeding or a claim or dispute;
(ii) holds meetings of its directors or shareholders or carries on
other activities concerning its internal affairs;
(iii) maintains a bank account;
(iv) effects a sale of property through an independent
contractor;
(v) solicits or procures an order that becomes a binding contract only if the order is accepted outside Mauritius;
(vi) creates evidence of a debt or creates a charge on property;
(vii) secures or collects any of its debts or enforces its rights in
relation to securities relating to those debts;
(viii) conducts an isolated transaction that is completed within a
period of 31 days, not being one of a number of similar
transactions repeated from time to time; or
(ix) invests its funds or holds property.
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Questions this section answers
- Does opening a bank account in Mauritius mean a foreign company is carrying on business here?
- Does being sued in Mauritius count as a foreign company carrying on business here?