Section 33: Power to dispense with “Limited” or “Limitée”

33. Power to dispense with “Limited” or “Limitée” (1) Where it is proved to the satisfaction of the Registrar that an entity about to be formed as a limited company is to be formed for promoting commerce, art, science, religion, charity or any other useful object, and intends to apply its profits or other income in promoting its objects, and to prohibit the payment of any dividend to its members, the Registrar may direct that the entity be registered as a company with limited liability, without the addition of the word “Limited” or “Limitée” or the abbreviation “Ltd” or “Ltée” to its name, and the entity may be registered accordingly. (2) The Registrar may issue a direction under subsection (1) in relation to a company which has already been registered if the Registrar is satisfied that the company complies with the conditions prescribed under subsection (1). (3) A direction under this section may be granted on such conditions (including the maximum area of land the company may hold) as the Registrar thinks fit, and those conditions shall be binding on the entity, and shall, if the Registrar so directs, be inserted in the memorandum and articles, or in one of those documents or in the constitution of the entity. (4) The entity shall, on incorporation, enjoy all the privileges of limited companies, and be subject to all their obligations, except those of using the word “Limited” or “Limitée” or the abbreviation “Ltd” or “Ltée” as any part of its name, and of publishing its name, and of sending lists of members and directors and managers to the Registrar. (5) A direction under this section may, at any time, be revoked by the Registrar, and on revocation, the Registrar shall enter the word “Limited” at the end of the name of the company in the register, and the company shall cease to enjoy the exemptions and privileges granted by this section. [Issue 9] C35 – 36 Revised Laws of Mauritius (6) No direction under this section may be revoked unless the Registrar has given notice, in writing to the company, of his intention and has afforded the company an opportunity of being heard in opposition to the revocation. (7) Where, as a result of a direction given under subsection (1), the memorandum, article or constitution includes a provision that the memorandum, article or constitution shall not be altered except with the consent of the Registrar, the company shall not, by special resolution, alter any provision of the memorandum, article or constitution. (8) Where an authorisation under this section is revoked, the memorandum, article or constitution may be altered by special resolution to remove any provision in or to the effect that the memorandum, article or constitution may be altered only with the consent of the Registrar. [S. 33 amended by s. 6 (b) of Act 4 of 2017 w.e.f. 20 May 2017.]