Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting

On the 5 July 2017, Mauritius signed the Organisation for Economic Co-operation and Development's (OECD) Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (the MLI). The MLI offers concrete solutions for governments to close the gaps in existing international tax rules by transposing results from the OECD/G20 BEPS Project into bilateral tax treaties worldwide. The MLI modifies the application of thousands of bilateral tax treaties concluded, to eliminate double taxation. It also implements agreed minimum standards to counter treaty abuse and to improve dispute resolution mechanisms while providing flexibility to accommodate specific tax treaty policies.

The registration of security documents

The Registrar General has recently started to apply a new policy linked to the registration of security documents. As such, any security document which is deposited for registration and/or inscription must be accompanied by a duly registered copy of any loan or other agreement, referred to in the security document.  

Securities (Preferential Offer) Rules 2017

The Financial Services Commission issued the Securities (Preferential Offer) Rules 2017, which came into effect on the 1 July 2017. A preferential offer is either:

  1. An offer or issue of securities that is a private placement;
  2. An offer or issue of securities that is made only to sophisticated investors;
  3. An offer or issue of securities only to related corporations of the issuer of the securities.

These rules apply to issuers (any issuer that issues securities to 25 investors or above or any reporting issuer) that wish to make an issue of securities, falling within the restricted rules applying to preferential offers. A preferential offer must be approved by shareholders, and the allotment of securities thereunder must be completed within a period of 12 months from the date of this approval. These rules do not apply to an offer of securities by a collective investment scheme or a closed-end fund.

The Finance (Miscellaneous Provisions) Act 2017

The Finance (Miscellaneous Provisions) Act 2017 has amended the Companies Act to provide that where the shares of a company are held by a nominee, the share register maintained by a company must state the beneficial owners or the ultimate beneficial owners who give instruction to a shareholder to exercise a right. This information must be lodged with the Registrar of Companies within 14 days from the date on which any entry or alteration is made in the share register. However, the Registrar of Companies will not disclose this information to any person unless;

  1. Required by the beneficial owner or the ultimate beneficial owner;
  2. Required for the purpose of an investigation, enquiry or any other matter; or
  3. Ordered by a court or the Judge in Chambers.

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.