Сроки создания траста на Маврикии
Ознакомьтесь с каждым этапом создания маврикийского траста и ожидаемыми сроками.
Создание маврикийского траста обычно занимает 2-6 недель в зависимости от сложности структуры.
Этап 1: Разработка структуры (1-2 недели)
Этап 2: Процедура KYC (1-2 недели)
Этап 3: Подписание трастового документа (1-3 дня)
Этап 4: Передача активов
Phase-by-phase timeline
1–5 days
1. Initial Instructions
Initial consultation between the settlor (or their legal adviser) and the proposed trustee to discuss the structure, objectives and key terms of the trust. Key decisions at this stage: discretionary or fixed trust, class of beneficiaries, appointment of a protector, letter of wishes, governing law, initial assets to be settled, and any special provisions (spendthrift clauses, anti-Bartlett provisions, reserved powers). A term sheet or instruction letter is typically prepared to guide the draftsman.
1–4 weeks
2. KYC Collection
Collection and submission of KYC documentation for all parties: settlor, beneficiaries, protector (if any) and the trustee (if a PTC is being established). This is the phase most within the client's control and the most common source of delays. A complete KYC pack submitted at the outset — certified documents, source of wealth evidence, references — minimises back-and-forth. The trustee cannot legally accept appointment or begin work on the trust deed until KYC is satisfactorily completed.
5–15 business days
3. KYC Review & Trustee Approval
The trustee conducts its internal compliance review of the KYC file. For a licensed professional trustee, this involves an AML/CFT risk assessment, approval by the compliance officer and, for higher-risk or more complex files, review by a compliance committee. The trustee will formally confirm acceptance of the appointment once the KYC review is complete. Queries or requests for additional information may extend this phase.
5–10 business days
4. Trust Deed Drafting
Once KYC is approved, the trust deed is drafted by the trustee's legal team (or by independent counsel instructed by the trustee or the settlor's adviser). The deed is prepared according to the agreed instructions, incorporating the chosen provisions: trust purpose, powers of the trustee, class of beneficiaries, appointment and removal of protector, investment powers, distribution provisions and miscellaneous standard provisions required under the Trusts Act 2001.
3–10 business days
5. Review & Negotiation
The draft trust deed is circulated to the settlor and their legal adviser for review. This phase can be brief if the parties are aligned, or extended if the settlor wishes to negotiate specific provisions, if their external tax or legal adviser raises comments, or if there are unusual governing provisions to accommodate. Multiple rounds of revision are not uncommon for complex trusts. The letter of wishes — a separate, non-binding document expressing the settlor's wishes — is also typically drafted and refined during this phase.
1–5 days
6. Execution
Once all parties have approved the final draft, the trust deed is executed. In Mauritius, a trust deed does not require notarisation as a matter of law, but it must be signed by the settlor and the trustee (and any co-trustee or protector whose signature is required). If parties are in different jurisdictions, execution may be done by counterparts (each party signing their own copy). The date of execution is the date the trust comes into existence.
1–3 business days
7. Optional Registration
Registration of a trust with the Registrar-General in Mauritius is optional under the Trusts Act 2001 but may be desirable for certain purposes — for example, to obtain a 'trustee registration number', to facilitate the transfer of immovable property in Mauritius, or to satisfy the requirements of certain counterparties or banks. If registration is required, the trust deed (or a memorandum of trust) is lodged with the Registrar-General. Registration is not public — it does not disclose the terms of the trust.
2–8 weeks
8. Banking Setup
Opening a bank account in the name of the trust (or of the trustee qua trustee) is typically required before assets can be received. Banks apply their own KYC process to the trust and its parties, which is largely separate from the trustee's onboarding process. The trust deed, the trustee's licence details, and full KYC on the settlor and beneficiaries (or the trustee on their behalf) will be required by the bank. Timing varies by bank — 3–6 weeks is a realistic expectation for a straightforward trust account.