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Structures / Foundation

Foundation

A trust-like vehicle with its own legal personality.

Hybrid entity available in Mauritius (Foundations Act 2012), used like a trust but structured like a company. The founder endows assets; a council administers them for beneficiaries or a stated purpose. Strong fit for civil-law clients.

Tax treatment depends on residence, source and nature of income: a non-resident foundation is generally taxable in Mauritius on chargeable income attributable to Mauritius-source income, with partial exemptions available on qualifying income subject to statutory conditions. Income may nevertheless be taxable in another jurisdiction depending on management, activities, beneficiaries, source of income and applicable tax rules. IP holding may require transfer-pricing compliance and jurisdictional licensing.

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Foundation PDF

At a glance

Statute
Foundations Act 2012 (Mauritius)
Legal personality
Yes (own legal entity)
Term
Indefinite or fixed
Tax
Tax treatment depends on residence, source and nature of income. A non-resident foundation is generally taxable in Mauritius on chargeable income attributable to Mauritius-source income. Partial exemptions may be available on qualifying income subject to statutory conditions
Council
≥1 Mauritius-resident member

Used for

  • 01

    Civil-law family wealth structures

  • 02

    Succession with corporate-style governance

  • 03

    Charitable and philanthropic vehicles

  • 04

    Holding family-business shares

  • 05

    Combined with operating subsidiaries

  • 06

    Intellectual property holding

Ongoing obligations

  • 01

    Founder, charter and regulations

  • 02

    Council with at least one resident member

  • 03

    Registered agent (FSC-licensed MC)

  • 04

    FATCA / CRS classification and reporting

  • 05

    Beneficial-ownership records

  • 06

    Annual council meetings

Designed For

Civil-law families

Wealth structures in a company-style framework familiar from Continental traditions.

Philanthropic purposes

Charitable and grant-making foundations with corporate governance.

Holding family shares

Corporate-style governance for family-business shareholding.

Succession vehicles

Multi-generational estate planning with a legal entity.

Key roles

Founder

Founder — endows the foundation with assets and sets the purpose in the charter. May sit on the council and be a beneficiary, subject to charter limits.

Council

Council — administers the foundation's assets and operations. Must include at least one Mauritius-resident member. Fiduciary duties under the Foundations Act.

Beneficiary

Beneficiary — benefits from the foundation's assets or income as designated in the charter. Rights are equitable, not proprietary.

Protector

Protector — optional role that oversees council decisions and ensures the founder's wishes are followed. Common in larger family foundations.

AcuFin as your registered agent and council

FSC-licensed registered agent in Mauritius

Council administration with resident member

Charter drafting, execution and periodic review

FATCA/CRS classification, reporting and regulatory compliance

Council meeting coordination and governance support

Ongoing administration and advisory

Trust vs Foundation at a glance

Legal personality

Trust

No (trustee holds legal title)

Foundation

Yes (separate legal entity)

Governance

Trust

Trustee manages assets with settlor oversight

Foundation

Council governs entity with own legal personality

Registration

Trust

Not registered; details not publicly available

Foundation

Registered with Registrar; FATCA/CRS classification applies

Term

Trust

Up to 99 years (Mauritius)

Foundation

Indefinite or fixed

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