Section 17: Membership of Council

17. Membership of Council (1) A Council shall have at least one member who shall be ordinarily resident in Mauritius. F22A – 11 [Issue 4] Foundations Act (2) Every member of a Council shall be appointed in accordance with the provisions of the charter and this Act, and— (a) where appointed before registration, may be appointed by the founder, or, where the charter is a will, by the executor or administrator; (b) may be appointed by a person who has been empowered by the founder in the charter or Articles, if any, to make the appointment. (3) Any officer, or his spouse or a person in a direct or collateral line of relationship with such a person, shall not be appointed as member of a Council. (4) No person shall be appointed as or remain a member of a Council 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; or (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. (5) The appointment of a person as member of a Council shall not be valid unless that person, prior to his appointment, has signed and delivered to the person making the appointment his written consent to be a member. (6) A member of a Council shall, in the event that he ceases to satisfy any requirement of this section, give notice in writing of that event to the Council within 7 days from the occurrence of that event. (7) A member of a Council who intends to cease acting as a member shall give notice in writing of his intention to the Council not less than 7 days before the day on which he intends to cease to act as such. (8) A person shall cease to be a member of a Council on— (a) his discharge as a member of the Council, in accordance with the charter or the Articles, if any; (b) the Foundation ceasing to be 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 being a member of the Council. [Issue 4] F22A – 12 Revised Laws of Mauritius (9) A Council shall, in writing, within 7 days from the date of any change in its membership, notify the Registrar of the change. (10) Notwithstanding the fact that a person has ceased to be a member of a Council, any liability which he may have incurred in his capacity as such shall continue to be a liability enforceable against him by the Foundation.