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基金会服务

在毛里求斯设立基金会

根据《2012年基金会法》设立毛里求斯基金会 — 用于财富架构、传承规划及慈善目的的独立法律实体。

毛里求斯基金会由《2012年基金会法》引入,为寻求具有独立法律人格的财富架构载体的国际客户提供信托的替代方案。与信托不同,基金会是独立的法律实体 — 它可以以自己的名义持有资产、提起诉讼和被起诉,并通过其理事会拥有明确的治理架构。

Key features of a Mauritius foundation

Separate legal personality

The foundation is a legal entity in its own right. It holds assets in its own name, not through a trustee. This makes it more easily understood in civil law systems and may simplify the registration of assets (particularly real estate and company shares) across certain jurisdictions.

Founder's reserved powers

Unlike a trust settlor, who must generally relinquish control, the founder of a Mauritius foundation can retain certain reserved powers in the foundation charter — for example the power to amend the charter, appoint and remove council members, or retain a right to revoke the foundation. This makes it attractive for founders who are not yet ready to make a fully irrevocable transfer.

Council governance

The foundation is managed by a council, the equivalent of a board. The council is responsible for managing the foundation's assets and implementing its objectives. The charter specifies the number of council members, their appointment and the quorum for decisions.

Secretary requirement

Every Mauritius foundation must have a secretary — a qualified individual or body based in Mauritius — who is responsible for maintaining the foundation's records and ensuring regulatory compliance.

Flexible purpose

A foundation may be established for the benefit of specified beneficiaries, for a defined purpose (such as a charitable objective), or for both. This hybrid flexibility is not available in a standard trust and makes the foundation particularly useful for families with mixed succession and philanthropic objectives.

Confidentiality

The foundation's charter and regulations are not public documents. The names of the founder, council members and beneficiaries are not on a public register. This provides a high degree of confidentiality for the family's affairs.

How to establish a Mauritius foundation

01

Define objectives and structure

We work with you and your advisers to define the foundation's purpose — succession planning, asset holding, philanthropy — and design the governance structure: founder powers, council composition, beneficiary framework.

02

Draft the charter and regulations

The foundation charter (the constitutional document) and foundation regulations (operational rules) are drafted. These define the foundation's name, objects, governance and the powers of the founder, council and beneficiaries.

03

KYC and due diligence

Full KYC is completed on the founder, council members, beneficiaries and any connected parties. Source of wealth documentation is obtained in accordance with FSC requirements.

04

Registration

The foundation is registered with the Registrar of Foundations in Mauritius. An FSC licence may also be required depending on the foundation's activities.

05

Asset transfer

The founder transfers the initial endowment to the foundation. The foundation holds the assets in its own name. Additional assets may be contributed at any time.

06

Ongoing administration

The secretary and council manage the foundation's affairs, maintain records, hold council meetings and ensure compliance with the Foundations Act 2012 and any applicable FSC requirements.

Documents and information required

  • Full KYC for the founder, all council members and beneficiaries
  • Source of wealth documentation for the founder
  • Proposed name of the foundation
  • Outline of the foundation's objectives and intended beneficiaries
  • Details of the assets to be initially endowed
  • Details of any reserved powers the founder wishes to retain
  • Identification of the secretary and council members

Indicative foundation creation costs

Costs are indicative and depend on the complexity of the charter, number of parties and nature of assets.
Item Indicative range
Charter and regulations drafting USD 3,500 – 7,000
Registration fees (government) USD 300 – 600
KYC and onboarding USD 1,000 – 2,500
Annual administration and secretarial USD 4,000 – 12,000

Frequently asked questions

毛里求斯基金会与信托有什么区别?
关键区别在于基金会是具有独立人格的独立法律实体 — 它以自己的名义持有资产,并由理事会管理。信托不是法律实体 — 资产由受托人代受益人持有。基金会在民法国家往往更容易理解;信托是普通法体系的常规做法。详见我们的信托与基金会指南进行详细比较。
创始人可以从基金会收回资产吗?
如果章程包含创始人的撤销权,基金会可以被撤销并归还资产。如果未保留此类权力,基金会则不可撤销。是否纳入撤销权对资产保护有重要影响,应仔细考虑。
毛里求斯基金会在民法国家获得承认吗?
毛里求斯基金会以民法基金会概念为蓝本,旨在使民法体系容易理解。但在任何特定国家的税务和法律承认须经当地顾问确认。
设立毛里求斯基金会需要多长时间?
从KYC文件完成并获批准起,标准基金会通常可在4至6周内完成登记。
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