Section 7: General restrictions on insurance business

7. General restrictions on insurance business (1) No person shall carry on, or hold himself out as carrying on, insurance business of any category or class, in or from within Mauritius except under the authority of a licence issued by the Commission under section 11 in respect of that category or class of insurance business. (2) A corporation set up and organised under the laws of Mauritius shall not, without the approval of the Commission, carry on, or hold itself out as carrying on, insurance business of any class in or from within a country outside Mauritius. (3) For the purposes of this section, a person shall be deemed— (a) to carry on insurance business in or from within Mauritius, where that person performs any act in Mauritius— (i) the object or result of which is that another person enters into, or offers to enter into, renews or varies an insurance contract, in terms of which the first mentioned person undertakes to provide policy benefits to the other person; or (ii) in relation to an insurance contract, in terms of which that person undertakes to provide policy benefits, and which act is aimed at— (A) maintaining, servicing or surrendering, or otherwise dealing with, the insurance contract; (B) collecting or accounting for premiums payable under the insurance contract; or (C) receiving or submitting of, or assisting or otherwise dealing with the settlement of, a claim under the insurance contract; (b) to be holding himself out as carrying on insurance business in or from within Mauritius, where— (i) by way of business as an insurer, he occupies premises in Mauritius, or makes it known by an advertisement or by an insertion in a directory or by means of letterheads that he may be contacted at a particular address in Mauritius; [Issue 8] I15 – 12 Revised Laws of Mauritius (ii) he invites a person in Mauritius, by issuing an insurance advertisement or otherwise, to enter into or to offer to enter into a contract of insurance; or (iii) he conducts himself or performs any act from which it may reasonably be inferred that he intends or proposes to carry on insurance business by way of business, in or from within Mauritius. (4) For the purposes of this section, an advertisement issued or other invitation made, or an act performed by any person on behalf of or to the order of another person shall also be construed as an advertisement issued or invitation made or an act performed, as the case may be, by that other person. (5) Any person who contravenes this section shall commit an offence and shall, on conviction, be liable to a fine not exceeding 2 million rupees and to imprisonment for a term not exceeding 8 years.