Global Legal Advisory Services Licence in Mauritius
The Global Legal Advisory Services Licence (GLASL) is a game-changing initiative introduced by the Mauritius International Financial Centre (IFC) to attract international law firms and provide them with a competitive edge in the global legal services market. This licence allows international law firms interested in establishing regional offices in Mauritius to provide legal advisory and international arbitration services to global business clients.
Eligibility and application process for Global Legal Advisory Services Licence
To be eligible for the Global Legal Advisory Services Licence, an entity must meet the following the employment and substance requirements:
- Be licenced or registered as a law firm in a foreign country
- The parent law firm needs to be qualified, licenced or regulated as a firm entitled to practice law in its home jurisdiction
- Two foreign lawyers qualified in the home jurisdiction to practice the law of that jurisdiction should be employed by or be part of the entity
- Have a physical establishment in Mauritius
The application process involves submitting a formal application under Section 77B of the Financial Services Act 2007, along with the prescribed processing fee and other required documents. The Financial Services Commission of Mauritius (FSC) may request for additional information to be provided following the review of the application.
Advantages of the Global Legal Advisory Services Licence
The Global Legal Advisory Services Licence offers several advantages for international law firms looking to expand their reach and tap into the growing African and Asian markets:
- Tax efficiency: Mauritius offers a simple tax regime with a corporate tax rate and VAT harmonised at 15%. The 5-year corporate tax holiday for Global Legal Advisory Services Licence holders provides significant savings and tax planning opportunities.
- Conducive business environment: Mauritius boasts a well-regulated and business-friendly environment thanks to its political and economic stability, its hybrid legal system based on English common law and French civil law, its ease of doing business, its robust and streamlined regulatory processes, as well as its skilled and cost-efficient workforce – making it an attractive destination for international operations.
- Investment protection: The Constitution of Mauritius protects against private property expropriation. The bilateral Investment Promotion and Protection Agreements (IPPAs) signed with 29 countries provide additional safeguards for foreign investments.
- Access to global markets: Due to its strategic location at the confluence between Africa and Asia, Mauritius constitues the ideal platform to reach emerging markets. Indeed, with excellent air and sea connectivity, adding to its robust financial infrastructure, offer businesses a springboard for global expansion.
- Repute and reliability: Mauritius is compliant with international standards, including Anti-Money Laundering and Combating the Financing of Terrorism (AML-CFT) regulations, making it a transparent IFC, of repute and substance.
Regulatory framework and oversight
The FSC is responsible for regulating, issuing, and overseeing the Global Legal Advisory Services Licence, under Part IV of the Financial Services Act 2007. While the holder of the licence is not subject to the Law Practitioners Act, they must employ at least five lawyers to meet the employment and substance requirements.
The holder of a Global Legal Advisory Services Licence will only be regulated by the FSC and will not be accountable to the Mauritius Bar Association, the Mauritius Law Society, or the Chamber of Notaries. This raises questions about how matters related to professional conduct will be addressed and by whom. Foreign law firms under this regime will have to answer to their respective regulatory bodies in their home countries for ethical issues.
For avoidance of doubt, the above mentioned section 77 shall not apply to a person authorised to provide legal services or give legal advice under the Law Practitioners Act, and shall be subject to the regulation of financial services under Part IV of the Financial Services Act 2007 broad range of services and solutions out of its office in Mauritius.
Comparing the Mauritius Global Legal Advisory Services Licence with similar licences in other jurisdictions
While the Global Legal Advisory Services Licence offers unique benefits, it is essential to compare it with similar licences in other jurisdictions (such as Singapore, the British Virgin Islands (BVI), and the Cayman Islands) to understand its competitive edge and potential limitations.
| Aspect | Global Legal Advisory Services Licence (Mauritius) | Singapore | British Virgin Islands (BVI) | Cayman Islands |
| Regulatory authority | Financial Services Commission (FSC) | Legal Services Regulatory Authority | Financial Services Commission | Cayman Islands Monetary Authority |
| Tax benefits | 5-year corporate tax holiday | No specific tax holiday, but low rates | No capital gains tax, low corporate tax | No direct taxes, low corporate tax |
| Eligibility criteria | Licensed foreign law firm, 2 foreign lawyers employed | Must be registered with the Bar | Must have a local agent | Must have a local agent |
| Physical presence requirements | Yes, must have a physical office in Mauritius | Yes, local office required | Yes, local agent required | Yes, local agent required |
| Scope of services | Legal advisory, international arbitration | Full legal services | Limited to non-contentious matters | Limited to non-contentious matters |
| Duration of licence | Indefinite, subject to compliance | Indefinite, subject to compliance | Indefinite, subject to compliance | Indefinite, subject to compliance |
| Market focus | Africa, Asia, global clients | Asia-Pacific region | Global, particularly for offshore services | Global, particularly for offshore services |
The Global Legal Advisory Services Licence is a transformative initiative that positions Mauritius as a leading International Financial Center of excellence. By attracting foreign law firms and providing them with a competitive edge, the GLASL aims to boost investment in Mauritius and serve as a platform for cross-border investments into the region and emerging markets, as Mauritius continues to refine its legal and regulatory framework.
How Sunibel Corporate Services can assist?
- Assess your eligibility for the above tax holidays, provide appropriate tax advice and undertake any necessary formalities
- Liaise with the regulator(s) for obtaining the required licence for existing and new companies
- Assist in the formation and on-going administration of the company in Mauritius
- Provide back office services
- Provide accounting support
Frequently Asked Questions (FAQs)
1. Can Global Legal Advisory Services Licence holders represent clients in contentious matters before the courts in Mauritius?
No, lawyers holding the Global Legal Advisory Services Licence will not be able to represent clients in contentious matters before the courts in Mauritius.
2. Do the foreign lawyers employed by the Global Legal Advisory Services Licence holder need to be resident in Mauritius?
There is no requirement for the foreign qualified lawyers to be resident in Mauritius. They can provide Mauritian legal advice without being tax resident in Mauritius.
3. How does the Global Legal Advisory Services Licence differ from the traditional legal services provided by foreign lawyers in Mauritius?
Previously, legal services provided by foreign lawyers were regulated by the Attorney-General. With the Global Legal Advisory Services Licence, foreign law firms will be regulated solely by the FSC and will not be answerable to the existing legal regulatory bodies in Mauritius.
4. What are the key documents required during the Global Legal Advisory Services Licence application process?
The key documents include a formal application under Section 77B of the Financial Services Act 2007, prescribed processing fees, a detailed business plan, evidence of the parent law firm’s qualifications, and fitness and propriety documents for promoters, shareholders, and beneficial owners.
5. Can the Global Legal Advisory Services Licence holder maintain a bank account outside of Mauritius?
No, the Global Legal Advisory Services Licence holder must maintain its principal bank account in Mauritius at all times.
6. What happens if the applicant fails to respond to the FSC’s queries within two months?
If the applicant fails to respond within two months from the date of the FSC’s last query, the regulator will not process the application further. The applicant will have to submit a fresh application after this period.
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Disclaimer and important notices
This document has been prepared using sources believed to be reliable. However, their accuracy and completeness cannot be fully guaranteed. The statements and opinions it incorporates were formed after careful consideration and maybe subject to change without notice. This document is not, and should not be construed as, an offer or the solicitation of an offer to sell any services. The use of any information contained in this document shall be at the sole discretion and risk of the user. Sunibel Corporate Services Ltd does not provide legal or tax advice and this document should not be construed as such. Sunibel Corporate Services Ltd expressly disclaims any and all liability for inaccuracies contained in the document and shall not be held liable for any damage that may result from any use of the information presented herein.
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