Late Razi

 

The Legal Landscape

By Late Mr Razi Daureeawo, Former Managing Director of PwC Legal


Amidst social measures, this Budget nonetheless displays the Government's drive to pursue business facilitation. The announcement of the Business Regulatory Reform Bill as an apex legislation on business facilitation is recognition that there is scope for legal reform for doing business in Mauritius. The tenor of the bill is yet to be unveiled but here lies an opportunity to simplify the business regulatory regime.

The amendments proposed to the tax appeals process aim to provide for a more expeditious resolution of tax disputes and should comfort taxpayers that finality in tax matters can be achieved sooner rather than later. 

From a banking and financial services industry perspective, what comes out is the Government's determination to recognise the virtual assets sector and develop a digital currency. The announcement that the Bank of Mauritius (BoM) may open accounts and accept deposits for the purposes of issuing a digital currency is in line with the recent remarks of the Governor of the BoM on the creation of a central bank digital currency whereas amendments are proposed to various legislations to recognise virtual assets.

We hope that the Government's determination will provide the needed impetus to push the virtual assets sector to the next level though continued engagement of all stakeholders remain key to establishing Mauritius as a leading international hub for virtual assets services.

The Budget also envisages a relaxation of the COVID-19 protective measures implemented for businesses: the duty of directors upon insolvency under the Companies Act is to be reinstated. This suggests a return to normalcy. 

  • The Financial Intelligence and Anti-Money Laundering Act (FIAMLA) will be harmonised with the Financial Action Task Force (FATF) recommendations by including combatting of proliferation financing under its scope.

  • Definition of property under the Mutual Assistance in Criminal and Related Matters Act will be aligned with the FIAMLA and will include virtual assets.


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