GUIDELINES FOR APPLICATIONS UNDER THE NON-CITIZENS (PROPERTY RESTRICTION) ACT

GUIDELINES FOR APPLICATIONS UNDER THE NON-CITIZENS (PROPERTY RESTRICTION) ACT

Definition of Property

1. Property means an immoveable property, whether freehold or leasehold, in Mauritius and includes:-
   1. in relation to a trust or otherwise, any rights or interest in immoveable property, whether legal or beneficial; or
   2. any shares.
2. Applications under the Non-citizens (Property Restriction) Act have to be made on the appropriate application form available at Prime Minister's Office, Level 4, Government Centre, Port Louis or which can be downloaded. Incomplete applications will not be considered.
3. Where a property is purchased or otherwise acquired or held in contravention of the Act, the Curator of Vacant Estates shall take possession of the property and cause it to be sold in accordance with applicable legal procedures.
4. Authorisations issued under the Act are subject to terms and conditions mentioned therein.

Who is a non-citizen

5. A non-citizen is defined under the Act as:-
   1. a person who is not a citizen of Mauritius;
   2. an association or body of persons, whether corporate or incorporate where-
      1. it is not domiciled in Mauritius;
      2. it is quoted on the Official List of the Stock Exchange or admitted to any Second Market established under the Securities Act and its control or management is vested in one or more persons who are not citizens of Mauritius; or
      3. it is not so quoted or admitted and one of its shareholders is not a citizen of Mauritius.

An authorization is required from Prime Minister's Office in the following circumstances:-

1. Acquisition of shares in companies holding freehold or leasehold immoveable property;
2. Acquisition of immovable property by a non-citizen as defined under Act;
3. Lease of immovable property for more than 20 years by a non-citizen as defined under Act.

No authorization is required in cases of:-

1. Holding of immovable property for commercial purposes under a lease agreement not exceeding 20 years;
2. Holding of shares in companies which do not own immoveable property;
3. Holding of immovable property by inheritance or effect of marriage to a citizen under 'régime legal de communauté'.
4. Holding of shares in companies listed on the Stock Exchange of Mauritius; and
5. Through a unit trust scheme or any collective investment vehicle as defined in the Securities Act.

I. APPLICATION TO PURCHASE IMMOVABLE PROPERTY

1. A non-citizen who wishes to acquire an immoveable property has to submit a duly filled in application form together with all supporting documents to the Prime Minister's Office.
   
   Click for Form PRA 1 - Immovable Property
2. Copies of the following documents which have to be submitted together with the application form are as follows:-
   1. A Site Plan from a Sworn Land Surveyor showing extent and
      precise location of the property
   2. Valuation Report of the Immoveable Property from a Valuation Surveyor
   3. Indication of source of funds. (Transfer from abroad through official channel or otherwise).

Standard Terms and Conditions

3. The immovable property should be used exclusively for the purpose for which the authorization was issued.
4. All clearances from relevant authorities are sought and obtained.
5. The immovable property should not be disposed of, transferred or let without the prior approval of the Prime Minister's Office.

II. APPLICATION TO PURCHASE OR LEASE IMMOVABLE PROPERTY FOR BUSINESS / INDUSTRIAL PURPOSES

Applications for purchase or lease of immovable property for business/industrial purposes have to be made to the Ecconomic Development BOARD. Detailed information are available on the website of the organization.

Link to EDB

III. APPLICATION TO LEASE IMMOVABLE PROPERTY

1. Applications to lease immovable property other than business/industrial purposes have to be made on the appropriate application form available at Prime Minister's Office, Level 4, Government Centre, Port Louis.
2. The documents which have to be submitted together with the application are as follows:-
   1. A Site Plan from a Sworn Land Surveyor showing extent and precise location of the property
   2. Valuation Report of the Immoveable Property from a Valuation Surveyor
   3. Certificate of incorporation, in case of a company.
   4. Information on shareholding structure, shareholders profile
   5. ny other status acquired by way of registration with Mauritian authorities.

Standard Terms and Conditions

3. The immoveable property should be used exclusively for the purpose for which the authorization was issued.
4. All clearances from relevant authorities are sought and obtained.
5. The immoveable property should not be disposed of, transferred or let without the prior approval of the Prime Minister's Office.

IV. APPLICATION FOR THE PURCHASE OF SHARES

1. An authorisation under the Non-citizens (Property Restriction) Act is required to enable a non-citizen, as defined under the Act, to invest in a Company which holds an immovable property in Mauritius.
2. No authorization is required for to invest in a Company which does not hold an immoveable property.
3. Applications for purchase of shares under the Non-citizens (Property Restriction) Act have to be made on the appropriate application form available at Prime Minister's Office, Level 4, Government Centre, Port Louis.
   
   Click for Form PRA 3 - Purchase of Shares

4. Copies of the following documents have to be submitted together with the application are as follows:-
   1. Investor Certificate from BOI (if applicable)
   2. In case of company, indicate place and date of Incorporation of investor company
   3. Precise information on the Share Capital Structure - Percentage of Local and Foreign shareholding
   4. List of main shareholders and respective profiles of company and subsidiaries
      (if Applicable)
   5. Letter of incumbency from a recognized institution in the country of origin/or a Certificate of Morality in respect of the investor/s
   6. Copy of the Certificate of Incorporation of the locally incorporated Company
   7. Copy of the Memorandum and Articles of Association (if applicable)
   8. Relevant bank statement and share certificate.
   9. Share Valuation Certificate issued by a qualified professional valuer, whenever the shares are not purchased at nominal value.
   10. Copy of any Board resolution of the Company (if applicable).
       
       Standard Terms and Conditions

5. The subject shares should not be disposed of without the prior approval of the Prime Minister's Office.
6. The non-citizen shall not engage in any form of property speculation.

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​PROCESSING OF APPLICATION

Processing time of an application is approximately three month, upon submission of all necessary documents/information.