Section 73A: Direction
This section is inserted by Act No 11 of 2024, section 34.
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
73A. Direction
(1) Where the Chief Executive has reasonable
grounds to believe that a corporation holding a Global
Business Licence under section 72 –
(a) has contravened or is likely to contravene
a relevant Act;
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(b) is conducting its affairs in an improper
manner; or
(c) is involved in a financial crime,
the Chief Executive may, for the purpose of protecting the
good repute of Mauritius as a centre for financial services,
issue a written direction to the Global Business Corporation
as he deems appropriate in the circumstances.
(2) Any direction issued under this section may
specify the time by which, or the period during which, it shall
be complied with.
(3) A Global Business Corporation shall comply
with any direction issued under subsection (1) notwithstanding
anything in its constitution, or any contract or arrangement to
which it is a party.
(4) The Chief Executive shall not issue any direction
under subsection (1) before giving the person to whom it
is to be addressed reasonable opportunity to make written
representations on the matter.
(5) Notwithstanding subsection (4), where the
Chief Executive considers that any delay in issuing the
direction may cause severe prejudice to the reputation of
the Global Business Corporation, the public or the financial
services industry, he may issue a direction which shall
take effect immediately and shall give the Global Business
Corporation the opportunity to make representations as soon
as practicable, but not later than 7 days from the date the
direction is issued.
(6) Any person to whom a direction is issued under
subsection (1) shall comply with the direction.
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(7) The Chief Executive may revoke a direction
issued under subsection (1) at any time by written notice to
the Global Business Corporation.
(8) No person shall knowingly hinder or prevent
compliance with a direction issued under subsection (1).
(9) Any person who contravenes subsection (6) or
(8) shall commit an offence.
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Questions this section answers
- Can the Chief Executive of the FSC issue a direction to a Global Business Corporation suspected of financial crime?
- Is it an offence to hinder compliance with a direction issued by the Chief Executive?
- Must I be given a chance to make representations before a direction is issued against my company?