Section 286: Cessation of business in Mauritius

286. Cessation of business in Mauritius (1) Where a foreign company ceases to have a place of business or to carry on business in Mauritius, it shall, within 7 days of the date of the cessation, file with the Registrar a notice to that effect, and as from the day on which the notice is filed, its obligation to file any document other than a document that ought to have been filed shall cease, and the Registrar shall, on the expiry of 3 months after the filing of the notice, remove the name of the company from his register. (2) Where a foreign company goes into liquidation or is dissolved in its place of incorporation or origin— (a) every person who immediately before the commencement of the liquidation proceedings was an authorised agent shall, within one month after the commencement of the liquidation or the dissolution, file or cause to be filed with the Registrar a notice to that effect and, where a liquidator is appointed, notice of the appointment; and (b) the liquidator shall, until a liquidator for Mauritius is appointed by the Court, have the powers and functions of a liquidator for Mauritius. (3) A liquidator of a foreign company appointed for Mauritius by the Court or a person exercising the powers and functions of such a liquidator— (a) shall before any distribution of the foreign company’s assets is made, by advertisement in a newspaper circulating generally in each country where the foreign company had been carrying on business before the liquidation and where no liquidator has been appointed for that place, invite all creditors to make their claims against the foreign company within a reasonable time before the distribution; (b) shall not, subject to subsection (7), without leave of the Court, pay out any creditor to the exclusion of any other creditor; (c) shall, unless the Court otherwise directs, only recover and realise the assets of the foreign company in Mauritius and shall, subject to paragraph (b) and to subsection (7), pay the net amount so recovered and realised to the liquidator of that foreign company for the place where it was formed or incorporated after paying any debts and satisfying any liabilities incurred in Mauritius by the foreign company. [Issue 1] C35 – 172 Revised Laws of Mauritius (4) Where a foreign company has been wound up so far as its assets in Mauritius are concerned and there is no liquidator for the place of its incorporation or origin, the liquidator may apply to the Court for directions as to the disposal of the net amount recovered under subsection (3). (5) On receipt of a notice from an authorised agent that the company has been dissolved, the Registrar shall remove the name of the company from his register. (6) Where the Registrar has reasonable cause to believe that a foreign company has ceased to carry on business or to have a place of business in Mauritius, Part XXVI shall, with such adaptations and modifications as may be necessary, apply to a foreign company as they apply to a company. (7) Section 283 of the Companies Act 1984 shall, with such adaptations and modifications as may be necessary, apply to a foreign company as it applies to a company under this Act. PART XXIII – LIMITED LIFE COMPANIES