Section 41: Restoration to register and effect of removal
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.
41. Restoration to register and effect of removal
(1) Where the name of a Foundation has been removed from the register
under section 39 (2), the Foundation, a creditor or a liquidator may apply to
the Court to have the name of the Foundation restored to the register.
(2) Where, on an application made under subsection (1), the Court is satisfied that—
(a) at the time the name of the Foundation was removed from the
register, the Foundation did satisfy the requirements of section 3; and
(b) it would be fair and reasonable for the name of the Foundation
to be restored to the register,
the Court may order that the name of the Foundation be restored to the register on payment of the fee specified in the Schedule.
(3) Where the name of a Foundation has been removed from the register
under section 39 (4), the Foundation, a creditor or a liquidator may, within
the 5 years following the date of the removal, apply to the Registrar to have
the name of the Foundation restored to the register.
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Revised Laws of Mauritius
(4) The Registrar shall, on payment of any outstanding fee, restore the
name of the Foundation to the register.
(5) Where the name of a Foundation is restored to the register under this
section, the name of the Foundation shall be considered to have never been
removed from the register.
PART IX – WINDING-UP