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Section 4: Founder

Foundations Act

consolidated text (as at 2017, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

4. Founder (1) A founder may be a beneficiary of a Foundation of which he is the founder. (2) A founder who is a non-citizen and endows property to a Foundation shall be considered to have had the capacity to endow property to the Foundation where, at the time of the transfer, he was of full age and sound mind under— (a) the laws of Mauritius; (b) the laws of his domicile or nationality; or (c) the proper law of the transfer. [Issue 4] F22A – 4 Revised Laws of Mauritius (3) Notwithstanding any other enactment, where a non-citizen endows property to a Foundation, the transfer shall not be set aside, avoided or otherwise declared invalid or ineffective by virtue of any rule or law— (a) of his domicile or nationality relating to inheritance or succession or any rule or law of a similar nature; (b) restricting the right of a person to dispose of his property during his lifetime so as to preserve the property for distribution at his death, or any rule or law having similar effect. PART II – ESTABLISHMENT OF FOUNDATION

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