Mauritius : Investment Adviser (Unrestricted)

An Investment Adviser (Unrestricted) is authorised to manage, under a mandate, portfolios of securities and give advice on securities transactions through printed materials or any other means.

Licensing conditions for Investment Adviser (Unrestricted)

In order to obtain an unrestricted licence, an investment adviser shall provide sufficient justification to the Financial Services Commission (“FSC”) as to the competence of the persons who will be responsible for investment advice and the management of portfolios.

Minimum stated unimpaired capital requirements for Investment Adviser (Unrestricted)

1. Subject to paragraph (2), the applicant for a licence shall maintain a minimum stated unimpaired capital of MUR600,000 (Rs) or equivalent
2. The minimum stated unimpaired capital shall be fully paid and no amount shall be due or payable.
3. Where an investment adviser license is granted to an individual, he shall demonstrate to the FSC that he has sufficient means to ensure the continuity of his business and the provision of adequate services to his clients.
4. The licensee shall inform the FSC immediately where its minimum stated unimpaired capital falls below the minimum required

Application for a Licence as Investment Adviser

1. The person applying for a licence as an investment adviser shall file the following information and documents with the FSC –
   
   (a) certified copy of the resolution of the board of directors authorising two members of the board to sign the application and appointing an officer responsible and a manager responsible for any branch office;
   (b) copy of the constitution or similar constitutive document;
   (c) complete description of the proposed activities: type of customers, products and services to be offered (brokerage, CIS securities, underwriting, portfolio management, etc.);
   (d) amount, type and distribution of the shares of the applicant, including the list of shareholders and the number of shares owned directly or indirectly;
   (e) if the applicant wishes to offer portfolio management services, a copy of a model of the contract to be signed between the investment adviser (unrestricted) and the client;
   (f) copy of the contract relating to internet trading, if any;
   (g) copy of the internal procedures manual;
   (h) details of membership, applications for membership or shareholding in a securities exchange, a clearing and settlement facility, a securities trading system or a self-regulatory organisation or of applications for membership;
   (i) detailed description of systems and procedures to prevent conflicts of interest, money laundering and financing of terrorism;
   (j) personal questionnaire form specified in the FSC Rules for every officer or proposed officer, shareholder and beneficial owner of the applicant.
   
   
2. In the case of an application for a licence as an investment adviser where the applicant is not constituted as a company, only paragraphs 1 (c), (e), (f), (g), (i) and (j) shall apply.
   
3. Subject to paragraph 4, in the case where the person applying for the licence is not yet legally constituted, the information or the documents that would apply to a legally constituted person may be filed in draft form.
   
4. In the case mentioned in paragraph 3, the FSC shall only grant approval in principle for a licence and the licence shall only be issued when the FSC has received final documents and information from the applicant and is satisfied that the final information and documents are consistent with the drafts filed.