Understanding the Updated Regulation on Payment of Fees in Mauritius
The regulation titled Updated Regulation – Payment of Fees was issued under the authority of the Minister of Mauritius, pursuant to sections 355 and 360 of the Companies Act. Effective from January 27, 2016, this regulation aims to streamline the process of fee payment related to company registration, registration by continuation, and annual filings for various types of companies and partnerships within the country.
Scope and Legal Framework
This regulation applies to all entities involved in company registration, registration by continuation, and annual filings under the Companies Act, as well as those governed by other relevant legislation such as the Business Registration Act, Foundations Act, Limited Liability Partnerships Act 2016, and the Limited Partnerships Act. It establishes standardized procedures for fee payments, primarily through the online platform CBRIS (Companies and Business Registration Information System). The regulation revokes previous regulations from 2001, consolidating and updating the fee payment procedures to reflect current administrative practices and technological advancements.
Who Is Affected by This Regulation?
All companies registered or operating in Mauritius, including private companies, public companies, foreign companies, and entities holding Global Business Licences (GBLs), are subject to these fee regulations. Specific provisions specify different fee structures based on the company's type, registration status, and the nature of the licence held, such as Category 1 or Category 2 GBLs. Additionally, entities involved in registration by continuation and dormant companies are also covered under this regulation.
Key Provisions and Fee Structures
Registration and Incorporation Fees
Companies are required to pay fees at the time of their incorporation or registration by continuation. The amounts vary depending on the company's nature:
- Private Companies: No fee at the time of incorporation; Rs 9,000 if paid after the due date.
- Public Companies: No fee at registration; Rs 13,500 if paid late.
- Foreign Companies: No fee initially; Rs 13,500 for late registration.
- Global Business Licence Holders: Fees depend on the licence category and whether the company is private, public, or foreign, with amounts ranging from Rs 3,000 to Rs 20,250 or USD 65 to USD 150 for some categories.
Annual Filing and Continuation Fees
Annual fees are payable each year to maintain the company's registration status. For example:
- Private Companies: Rs 13,500 if paid after the due date.
- Public Companies: Rs 20,250 for late payments.
- Foreign Companies: Rs 20,250 if paid late.
- Global Business Licences: Fees are consistent with initial registration, with additional charges for continuation or late payments.
Use of CBRIS for Fee Payments
All fee payments and filings must be made electronically via the CBRIS platform. Entities listed in the Third Schedule of the regulation are mandated to use CBRIS for all submissions. Other entities may seek approval from the Registrar to utilize CBRIS, ensuring a unified and efficient process for administrative compliance.
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Procedural Details and Compliance
Entities are required to submit requests for fee payments electronically through the CBRIS system, which facilitates secure and traceable transactions. Payments made through CBRIS are the sole authorized method, and entities must adhere to the deadlines stipulated for each type of fee. Late payments attract additional charges, emphasizing the importance of timely compliance.
Summary of Fee Categories
| Type of Company | Registration/Incorporation Fee | Annual Fee | Late Payment Penalty |
|---|---|---|---|
| Private Company | Nil / Rs 9,000 | Rs 13,500 | Rs 13,500 |
| Public Company | Nil / Rs 13,500 | Rs 20,250 | Rs 20,250 |
| Foreign Company | Nil / Rs 13,500 | Rs 20,250 | Rs 20,250 |
| Global Business Licence (Category 1) | Rs 3,000 / Rs 13,500 | Rs 13,500 | Rs 20,250 |
| Global Business Licence (Category 2) | USD 65 / USD 100 | Rs 13,500 | Rs 20,250 |
Conclusion
The updated regulation on the payment of fees in Mauritius aims to modernize and streamline the administrative process for companies and entities operating within the country. By mandating electronic payments through CBRIS and clarifying fee structures, the regulation promotes transparency, efficiency, and compliance. Entities are encouraged to familiarize themselves with these provisions to ensure timely and proper adherence to statutory requirements, thereby facilitating smooth business operations in Mauritius.