Section 13: Appointment and qualification of secretary

13. Appointment and qualification of secretary (1) Every Foundation shall have a secretary— (a) which shall be a management company; or (b) who shall be such other person resident in Mauritius as may be authorised by the Commission. (2) No person shall be appointed as or remain a secretary of a Foundation where— (a) in the case of a natural person, he is a— (i) minor; (ii) bankrupt; (iii) person with any mental impairment; or (iv) person who has been convicted of an offence involving fraud or dishonesty by a Court of law in Mauritius, or elsewhere; (b) in the case of a body corporate, it is the subject of any proceedings, in Mauritius or elsewhere, which may result in it being wound up or otherwise dissolved. (3) The founder of a Foundation or, where the charter is a will, the executor or the administrator, shall, before the registration of the Foundation— (a) appoint a person as secretary of the Foundation; and (b) (i) deliver to the Registrar the name and address of the person appointed as secretary and evidence that he has consented to be the secretary of the Foundation; and (ii) inform the Commission, in writing, of the name and address of the person appointed as secretary. (4) Where a secretary fails to satisfy a requirement under subsection (3), he shall give notice in writing of that fact to the Council and the Registrar within 7 days from the occurrence. (5) Every secretary who intends to cease acting as the secretary to a Foundation shall— (a) give notice in writing of his intention to the Council not less than 7 days before the date on which he intends to cease to act as such; and (b) at the same time, lodge with the Registrar, and send to the Commission, a copy of the notice. (6) The secretary shall, on behalf of a Foundation, accept service of all documents pursuant to any legal proceedings instituted against the Foundation. [Issue 4] F22A – 10 Revised Laws of Mauritius (7) A person shall cease to act as secretary of a Foundation on— (a) the expiry of the period of 7 days from the date on which a notice is lodged under subsection (5); (b) the Foundation ceasing to be a foundation registered under this Act; (c) the liquidation or winding-up, as the case may be, of the Foundation; or (d) the occurrence of any other event which disqualifies him from acting as secretary. (8) Notwithstanding the fact that a person has ceased to act as secretary to a Foundation, he shall remain liable for any liability he may have incurred as secretary and such liability may be enforced against him by the Foundation. (9) Notwithstanding any defect in the appointment or qualification of a secretary, the acts of any secretary of a Foundation shall be valid.