LEGAL NOTICE

Corporate & Commercial Law

Erriah Chambers provides a wide range of services in corporate and commercial matters. We advise on all aspects of corporate law and accompany our clients throughout each step of the company’s business affairs, from incorporation to insolvency. Our large client pool consists of various types of companies, whether domestic or international, from small and medium-sized entities to multinationals.

Our services include amongst others:

• assisting with company incorporation;
• drafting and reviewing all necessary transaction documents;
• carrying out due diligence exercises;
• providing legal advice as to the enforceability of multiple transactions and general advice on cross-border transactions;
• advising on all aspects of Mauritian company law in general
• providing all corporate advisory services, in relation to corporate governance and regulatory compliance;
• setting up joint ventures;
• advising on mergers and acquisitions.

We also assist on corporate structuring with a view to attaining tax efficiency for our clients. Our rich experience coupled with the expertise of our personnel allow us to advise on various taxation issues such as the application of our wide range of double taxation avoidance agreements. Our collaboration with various law networks, the latest being Lex Africa, enables us to deal efficiently with all types of cross border transactions.

Global Business

Mauritius is a strategic global business centre and is one of the most open and financially sound economies in sub-Saharan Africa. Mauritius is located between Asia and Africa, and the success of its economy is a direct result of its political and socio-economic stability, coupled with good governance and a wide range of incentives to boost investment.
The country’s adoption of international best business practices and sustainable development policies has been acknowledged by international agencies such as the Organisation for Economic Cooperation and Development (OECD), the Financial Action Task Force (FATF) and the World Bank.
The country has embarked upon a new reform program with the objective of becoming the financial hub of the African region and an ideal stepping stone for investment and doing business in Africa, Middle East and Asia.
There are many other reasons to invest through Mauritius:

• White-listed jurisdiction recognised by OECD
• 36 active Double Taxation Avoidance Treaties (DTAs)
• No exchange controls. Attractive fiscal policies. An effective banking system.
• A stock exchange opened to foreign investors
• Reliable and modern infrastructure
• Favourable time zone (GMT+4)
• Efficient telecommunications system
• Availability of qualified labour force
• Occupation / residence permits granted in three days
• Integrated Resort Scheme/Real Estate Scheme (allowing foreigners to acquire property in Mauritius)

Taxation

Erriah Chambers advises extensively both domestic and foreign entities transacting with Mauritius on various tax issues.
The following tax incentives are available to domestic and foreign investors:

• Income tax: Under the Income Tax Act, domestic companies and companies holding a Category 1 Global Business Licence (“GBC1”) benefit from an income tax rate of 15%. In the case of a GBC1 the income tax rate may be reduced to 3% after application of deemed foreign tax credits. Corporations which hold a Category 2 Global Business licence (“GBC2”) are exempt from tax but not considered as residents for tax purposes;
• no capital gains tax;
• royalties, interest and services fees payable to foreign affiliates are allowed as expenses provided they are reasonable and correspond to actual expenses incurred;
• interest paid on deposits in a bank holding category 2 banking licences are tax exempt; dividends are tax exempt;
• no withholding tax on interest and royalties paid by a GBC 1 or GBC 2 to non-residents;
• no estate duty or inheritance tax is payable on the inheritance of shares in an entity holding a Global Business Licence.

Banking & Finance

Erriah Chambers has a solid track record with respect to advising on banking-related transactions. We act as legal advisers to a number of banks in Mauritius, including offshore banks. We provide specialist advice and transactional support to banking institutions and corporate clients in general on matters involving private equity investment, syndicated loans, securities lending, project financing, fund management and cross-border finance structuring.

Erriah Chambers’ experience and practice in banking law goes back to more than a decade. We also provide litigation support to some banking institutions in Mauritius.

In addition to the above, we provide assistance to clients on compliance with local anti-money laundering regulations.

Litigation

Erriah Chambers has a diverse litigation practice. We handle a broad range of complex matters in civil, criminal and commercial courts in Mauritius, as well as before agencies, administrative bodies and arbitration tribunals. Our lawyers have trained and acquired experience in the United Kingdom and France, and therefore have a strong grasp of both common law and French civil law.

We represent clients as plaintiffs and as defendants in a wide range of substantive areas including civil and commercial disputes, bankruptcy and insolvency proceedings, employment, tax disputes, finance-related criminal cases, property law amongst others.

Trusts

Erriah Chambers has unparalleled experience in advising on various aspects of trust law and international trust law.

Mauritius has introduced trust law for the benefit of both residents and offshore settlors.

Prior to 2001, the Trust Act 1989 allowed the creation of domestic trusts based on the traditional English model, and the Offshore Trusts Act 1992 allowed the creation of offshore trusts. The Trust Act 1989 and the Offshore Trusts Act 1992 have been been repealed by the Trusts Act 2001 which was introduced to fuse the domestic trust and offshore trust legislation in a bid to avoid ring-fencing.

Under the Trusts Act 2001, a settlor may set up any of the following types of trust: protective trust or spendthrift trust, maintenance and accumulation trust, interest in possession trust, discretionary trust, charitable trust, purpose trust and commercial and trading trust.

The settlor of an offshore trust may not be a resident of Mauritius, and the trust must have at least one qualified trustee who is a person residing in Mauritius or a Mauritian management company or a bank authorised by the Financial Services Commission to provide trusteeship services.

The Investment Promotion Act has been amended to allow non-resident settlors or non-resident beneficiaries of a trust to own immovable property in Mauritius solely under the Integrated Residential Schemes (‘IRS’) and the Real Estate Scheme (‘RES’) without the approval of the Prime Ministers’ Office under the Non-Citizens (Property Restrictions) Act 1973, as amended. Non-citizens of Mauritius wishing to avail themselves of immovable property in Mauritius under the IRS and RES may use trust or domestic company to do so subject to registration duty applicable to IRS and RES.

Aircraft-related transactions

Erriah Chambers has unrivalled experience on aircraft transactions in general. For more than a decade now, we advise on aircraft-related transactions on a regular basis. We offer corporations and individuals comprehensive, end-to-end services to effectively handle aircraft purchasing, leasing, and financing transactions.

With extensive experience in nearly every form of aircraft-related transactions, we thoroughly understand the specificities of structuring and successfully closing aircraft transactions. We regularly represent purchasers, sellers, lessors, lenders and other financiers, lessees, and aircraft manufacturers in a broad range of transactions.

Employment Law

In addition to providing advice on corporate law, Erriah Chambers also assists its corporate clients on employment law issues that they encounter on a regular basis.

We advise on all aspects of employment law, with the aim of achieving quick resolution of employment issues that arise in a corporation. In that respect, we aid in drafting employment contracts and compliance manuals, carrying out employment audits, setting up disciplinary committees and negotiations with employees. We also provide litigation solutions to companies on employment-related matters.

Dev R. Erriah

Dev Erriah, head of Erriah Chambers, graduated in the UK and holds LLM in International Tax Law, Company Law, Law of International Finance and International Trusts Law from the prestigious University of London. Dev Erriah was the first Chairman of STEP Mauritius (Society of Trust and Estate Practitioners). Dev Erriah is also a member of the International Bar Association and forms part of Committees N (TAX) and E (Banking). Erriah Chambers headed by Dev Erriah and consists of a team of seven barristers and has associateship with many foreign law firms.

Dev specializes in Mergers & Acquisition Finance/Banking, Investment Management, Lease and Transportation Finance, Private Equity and Venture Capital, Structured Finance, Aircraft Finance and leasing; Project Finance, securities, capital markets practices, regulatory compliance, antitrust and competition, setting up of offshore companies, offshore fund and Collective Investment Scheme, on international banking and privatization. International tax and trust structuring, implementation of international transactions, negotiation, drafting of transaction documents and review of all legal documentation inclusive of trusts deeds, corporate constitutive documents, credit facility documents etc; International Arbitration & Cross-Border litigation, International litigation such as international bankruptcy, enforcement of international creditor’s claim, money laundering Mauritius and at international level.

Achievements:

• Member of International Fiscal Association (“IFA”)
• Member of the Bar of England and Wales
• Member of the Mauritius Bar Association
• Member of the International Bar Association (“IBA”)
• Assistant Vice-Chair Committee N (Taxes) IBA
• Member of Committee E (International Banking) IBA
• Member and News Editor of Committee 5 (Trusts) IBA
• Ex- Chairman of the Society for Trust and Estate Planners (STEP) Mauritius Branch
• Member of the U N Working Group on Internet Governance appointed by the UN Secretary General

Kamal Taposeea

Kamal acts as an external consultant to Erriah Chambers. He is also a non executive director of Minerva Fiduciary Services (Mauritius) Limited since 2011.

Kamal is a Barrister-at–law having over 22 years of experience in the financial industry ranging from clearing and settlement of internationally traded bonds and equities, lending and borrowing of internationally traded securities, corporate and project finance, stock broking, and assets management to the actual day to day management of banks and investment banks. His work experience was acquired from blue-chip institutions with posting in key financial centres in the world such as New York, Brussels, Luxembourg, Hong Kong and Singapore, and more recently as General Manager of the Investment Bank a leading Bank of the Kingdom of Saudi Arabia. In Mauritius, he was the first Mauritian Managing Director of Barclays Bank Plc and Regional Managing Director of Standard Bank of Mauritius. He was the past Chairman of Air Mauritius.

Sachin Auchoybur

Barrister-at-law

Chitra Matikola-Lingiah

Barrister-at-law

Robin L.Appaya

Barrister-at-law

LLB (Hons) , LLM ( Commercial law) , MBA (UoM), International Business/Trade/Commerce

Activités et associations : Member of the Honourable Society of the Middle Temple (UK), Member of the Mauritian Bar Association, Member of the Bar Council (UK).

Roobesh S.Ramanjooloo

Barrister-at-law

Roobesh holds a Masters in Business and Corporate Law from Université Montesquieu, Bordeaux IV and also completed a Graduate Diploma in Law from BPP Law School, London. He was called to the Bar of England and Wales in 2011, and is a member of the prestigious Gray’s Inn Society in the United Kingdom. He has also been called to the Bar of Mauritius where he is actively involved in the corporate law sector.

Roobesh specialises mainly in corporate and civil law matters. He has in a short span of time been involved in a considerable number of transactional matters, both locally and internationally. His dual in-depth knowledge of both the French and English legal systems has been a major asset in international transactions.

Roobesh has a growing corporate and commercial practice. He is instructed by a wide client-base, which includes individuals, companies and trusts amongst others. He also tenders advice regularly in the global business sector.

Youshreen Choomka

Barrister-at-law

Youshreen was called the Bar of England & Wales by the Honourable Society of Lincoln's Inn in 2009. She has an LLM in International Business and Commercial Law. She has studied and worked in the United Kingdom for over eight years. She was the Managing Director of a legal & Immigration consultancy company in the UK for the past five years. She is also a fellow of the Institute of Paralegals in London and a member of the Joint Council for the Welfare of Immigrants. Since being admitted to the Mauritian Bar, she has acquired expertise in general law practice, and more specifically, in business law, commercial law, financial services, intellectual property, trusts and investment funds. She has worked for the Bramer Asset Management Ltd and Bramer Global Services Ltd as Head of Compliance; advising on issues and attended to a variety of legal tasks, such as, conducting legal due diligence exercises; assisting the corporate restructuring of various groups of companies; drafting and vetting of various agreements and acting as legal adviser for companies.

Youshreen has done her pupillage at MC Chambers with Senior Counsel Me. Yousuf A.R. Mohamed and with Senior Attorney Me. Narendra Appa Jala. She has occupied various high calibre posts as Legal and Compliance Manager, Executive Officer, Money Laundering Reporting Officer before joining Erriah Chambers in July 2014.

Melany Nagen

Qualified with an LLB (Hons) Law from the University of Hertfordshire and Completed the Bar Professional Training Course at the University of the West of England, Bristol, UK.

• Was called to the Bar of England and Wales in 2012 and was admitted to the Bar in Mauritius in 2014.
• Member of the Honorable Society of Lincoln’s Inn, UK.
• A Civil and Commercial Accredited Mediator, trained by ADR GROUP, UK.
• Have practical experience working as a Paralegal in UK, with expertise in handling cases from instructions through to conclusions.
• Field of Expertise:
• Criminal Law
• Family Law
• Property Law
• Labour Law