Section 127 of the Mauritius Companies Act 2001 (Act) deals with
the filing of details of any security interest created by a company
over its assets with the Registrar of Companies in Mauritius
Details of which type of security interests need to be
The provision refers to "charges" which under the
meaning of the Act, refers to most forms of security interest
without any territorial limit. The definition of
"charges" even refers to "an agreement to give a
charge" which gives a very wide scope to the filing
Who is concerned by this filing?
Every company incorporated under the Act or registered under the
Act (such as foreign companies which have migrated to
When is this filing required?
The filing has to be done within 28 days from the date of the
agreement creating the charge.
What needs to be filed?
The company has to file a duly completed prescribed form giving
the main particulars of the charge. Since 2012, a certified copy of
the agreement creating the charge also needs to be filed.
What are the consequences of non- compliance?
The Act does not specify the sanctions for non-compliance with
Section 127 and the ROC has not issued any circular to that effect.
However, it is a recommended filing as a matter of good governance
and record keeping. In addition, as the registers kept by the ROC
are public, lenders would usually be advised to insist on this
filing so that third parties are informed of the existence of the
charge in their favour.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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