30 October 2010
Mauritius QROPS
29 October 2010
Mauritius Venture Capital Fund
- whose sole purpose is the collective investment of funds in a portfolio of securities, or other financial assets, real property or non-financial assets as may be approved by the FSC ;
- whose operation is based on the principle of diversification of risk;
- that has the obligation, on request of the holder of the securities, to redeem them at their net asset value, less commission or fees; and
- where the participants do not have day to day control over the management of the property, whether or not they have the right to be consulted or to give directions in respect of such management.
- includes closed-end funds whose shares or units are listed on a securities exchange; but
- excludes such schemes as are specified in Part II of the Schedule SA 2005.
A Closed-end Fund means an arrangement or a scheme, other than a CIS, whose object is to invest funds, collected from investors through an offer or from sophisticated investors, in a portfolio of securities, or in other financial or non-financial assets, or real property.
A "Global scheme" is defined under the Securities (Collective Investment Schemes and Closed-end Funds) Regulations 2008 (“Regulations”) as a company or any other legal entity approved by the FSC, holding a Category 1 Global Business Licence (GBL 1) and authorized to carry out activities falling within the definition of a Collective Investment Scheme.
Conditions applicable to Global schemes
The FSC may grant an authorisation for a Global scheme provided that:
- information relating to the CIS Manager and the custodian as prescribed in the Regulations is submitted with the application for authorisation;
- a CIS administrator [e.g. OCRA (Mauritius) Limited] with a place of business in Mauritius is appointed;
- the accounting and reporting services are carried out by the CIS Manager, or the CIS Administrator of the scheme, having a place of business in Mauritius.
- The prospectus or other offering document contains the following statements in a prominent position:
"Investors in [name of the Global scheme] are not protected by any statutory compensation arrangements in Mauritius in the event of the fund's failure."
"The Mauritius Financial Services Commission does not vouch for the financial soundness of the fund or for the correctness of any statements made or opinions expressed with regard to it." - a certified copy of the prospectus or other offering document filed in a jurisdiction where the collective investment scheme is regulated or exempted from regulation is filed with the FSC;
- information is provided on the CIS Manager and the custodian, including name and registered addresses and where regulated, if applicable;
- information is given on whether the collective investment scheme is regulated, or shall be subject to regulation, in any jurisdiction and if so, a copy of the authorisation or similar consent of the regulator and if not, indication on what basis it is exempted from securities regulation in other jurisdictions;
- adequate measures are taken to prevent money laundering and financing of terrorism and provided that the FSC is satisfied that these measures meet legislative requirements.
Subject to FSC approval, a Global scheme may appoint and retain a CIS Manager and/or a custodian established in a foreign jurisdiction.
Such application must include the following documents / information:
- constitutive document of the scheme;
- measures taken to prevent money laundering and financing of terrorism;
- latest audited financial statements;
- a copy of the offering document given to potential investors; and
- if applicable, information on the CIS manager as requested in regulation 6.
- An expert fund shall only be available to expert investors.
- An expert fund may appoint a manager who, where appointed, shall be the holder of:
(a) a CIS manager licence; or
(b) a licence issued by a regulatory body in a jurisdiction having comparable regulation as Mauritius for investor protection (e.g. FSA in UK or SEC in US) - The CIS manager of an expert fund need not be resident in Mauritius.
- The Board of the fund or the CIS manager where appointed must satisfy itself that the fund is and continues to be managed in accordance with the fund’s constitutive documents.
- The Board of the fund, or the CIS manager where appointed, shall be responsible for ensuring that the provisions of these Regulations applicable to expert funds are complied with.
- The expert fund shall accept as investors in the fund, only such persons as the Board or CIS manager where appointed is satisfied are expert investors.
- The offering document or any other similar document of an expert fund shall:
(a) contain a statement to the effect that the expert fund shall be available only to expert investors,
(b) contain in a prominent position, the definition of an expert investor; and
(c) shall have the following statements in a prominent position -
"Investors in [name of the expert fund] are not protected by any statutory compensation arrangements in Mauritius in the event of the fund's failure."
"The Mauritius Financial Services Commission does not vouch for the financial soundness of the fund or for the correctness of any statements made or opinions expressed with regard to it." - In accordance with section 30 of the Financial Services Act 2007 the audited accounts of the expert fund shall be filed by the scheme, the CIS manager or the CIS Administrator as appropriate.
An “expert investor” means-
(i) an investor who makes an initial investment, for his own account, of no less than US$ 100 000; or
(ii) a sophisticated investor as defined in the Securities Act 2005 or any similarly defined investor in any other securities legislation (e.g. an accredited investor under US federal securities laws)
Exemptions for an Expert Fund
An expert fund, subject to authorisation from the FSC, shall be exempt from the provisions of the Regulations except for regulations 78 to 81 and Part I and XII.
Mauritius Real Estate Investment Trust (REIT) / Specialised CIS
27 October 2010
2010 OECD Study on Offshore Voluntary Disclosure
Mauritius Fund : Global Scheme - CIS / Closed-end Fund / Expert Fund
- whose sole purpose is the collective investment of funds in a portfolio of securities, or other financial assets, real property or non-financial assets as may be approved by the FSC ;
- whose operation is based on the principle of diversification of risk;
- that has the obligation, on request of the holder of the securities, to redeem them at their net asset value, less commission or fees; and
- where the participants do not have day to day control over the management of the property, whether or not they have the right to be consulted or to give directions in respect of such management.
- includes closed-end funds whose shares or units are listed on a securities exchange; but
- excludes such schemes as are specified in Part II of the Schedule SA 2005.
A Closed-end Fund means an arrangement or a scheme, other than a CIS, whose object is to invest funds, collected from investors through an offer or from sophisticated investors, in a portfolio of securities, or in other financial or non-financial assets, or real property.
A "Global scheme" is defined under the Securities (Collective Investment Schemes and Closed-end Funds) Regulations 2008 (“Regulations”) as a company or any other legal entity approved by the FSC, holding a Category 1 Global Business Licence (GBL 1) and authorized to carry out activities falling within the definition of a Collective Investment Scheme.
Conditions applicable to Global schemes
The FSC may grant an authorisation for a Global scheme provided that:
- information relating to the CIS Manager and the custodian as prescribed in the Regulations is submitted with the application for authorisation;
- a CIS administrator [e.g. OCRA (Mauritius) Limited] with a place of business in Mauritius is appointed;
- the accounting and reporting services are carried out by the CIS Manager, or the CIS Administrator of the scheme, having a place of business in Mauritius.
- The prospectus or other offering document contains the following statements in a prominent position:
"Investors in [name of the Global scheme] are not protected by any statutory compensation arrangements in Mauritius in the event of the fund's failure."
"The Mauritius Financial Services Commission does not vouch for the financial soundness of the fund or for the correctness of any statements made or opinions expressed with regard to it." - a certified copy of the prospectus or other offering document filed in a jurisdiction where the collective investment scheme is regulated or exempted from regulation is filed with the FSC;
- information is provided on the CIS Manager and the custodian, including name and registered addresses and where regulated, if applicable;
- information is given on whether the collective investment scheme is regulated, or shall be subject to regulation, in any jurisdiction and if so, a copy of the authorisation or similar consent of the regulator and if not, indication on what basis it is exempted from securities regulation in other jurisdictions;
- adequate measures are taken to prevent money laundering and financing of terrorism and provided that the FSC is satisfied that these measures meet legislative requirements.
Subject to FSC approval, a Global scheme may appoint and retain a CIS Manager and/or a custodian established in a foreign jurisdiction.
Such application must include the following documents / information:
- constitutive document of the scheme;
- measures taken to prevent money laundering and financing of terrorism;
- latest audited financial statements;
- a copy of the offering document given to potential investors; and
- if applicable, information on the CIS manager as requested in regulation 6.
- An expert fund shall only be available to expert investors.
- An expert fund may appoint a manager who, where appointed, shall be the holder of:
(a) a CIS manager licence; or
(b) a licence issued by a regulatory body in a jurisdiction having comparable regulation as Mauritius for investor protection (e.g. FSA in UK or SEC in US) - The CIS manager of an expert fund need not be resident in Mauritius.
- The Board of the fund or the CIS manager where appointed must satisfy itself that the fund is and continues to be managed in accordance with the fund’s constitutive documents.
- The Board of the fund, or the CIS manager where appointed, shall be responsible for ensuring that the provisions of these Regulations applicable to expert funds are complied with.
- The expert fund shall accept as investors in the fund, only such persons as the Board or CIS manager where appointed is satisfied are expert investors.
- The offering document or any other similar document of an expert fund shall:
(a) contain a statement to the effect that the expert fund shall be available only to expert investors,
(b) contain in a prominent position, the definition of an expert investor; and
(c) shall have the following statements in a prominent position -
"Investors in [name of the expert fund] are not protected by any statutory compensation arrangements in Mauritius in the event of the fund's failure."
"The Mauritius Financial Services Commission does not vouch for the financial soundness of the fund or for the correctness of any statements made or opinions expressed with regard to it." - In accordance with section 30 of the Financial Services Act 2007 the audited accounts of the expert fund shall be filed by the scheme, the CIS manager or the CIS Administrator as appropriate.
An “expert investor” means-
(i) an investor who makes an initial investment, for his own account, of no less than US$ 100 000; or
(ii) a sophisticated investor as defined in the Securities Act 2005 or any similarly defined investor in any other securities legislation (e.g. an accredited investor under US federal securities laws)
Exemptions for an Expert Fund
An expert fund, subject to authorisation from the FSC, shall be exempt from the provisions of the Regulations except for regulations 78 to 81 and Part I and XII.
Financial Stability Board publishes principles to reduce reliance on CRA ratings
- prudential supervision of banks
- policies of investment managers and institutional investors
- central bank operations
- private sector margin requirements, and
- disclosure requirements for issuers of securities.
26 October 2010
FATF: The Review of the Standards - Preparation for the 4th Round of Mutual Evaluations
25 October 2010
UCITS IV: Implications for the Asset Management Industry in Europe
24 October 2010
Judgments of Power From College Yearbook Photos and Later Career Success
Abstract
Inferences from faces can predict important real-world outcomes. But little is known about the stability of these effects. Here the authors find that inferences of power from photos of the faces of the managing partners of America’s top 100 law firms significantly corresponded to their success as leaders, as measured by the amounts of profits that their firms earned. More interesting, this relationship was also observed when judgments were made based on photos of the leaders taken from their undergraduate yearbooks, before they began their careers or entered law school. Facial cues to success may therefore be consistent across much of the lifespan (approximately 20–50 years).
22 October 2010
FATF: Money Laundering Using Trusts and Company Service Providers
Trusts and Company Service Providers (TCSPs) provide an important link between financial institutions and many of their customers. TCSPs have often been used, wittingly or unwittingly, in the conduct of money laundering activities.
This comprehensive typologies report evaluates the effectiveness of the practical applications of the FATF 40+9 Recommendations as they relate to TCSPs. It also considers the role of TCSPs in the detection, prevention and prosecution of money laundering and terrorist financing.
Finally, it evaluates the potential need for additional international requirements or sector-specific international standards for TCSPs.
This typologies exercise has drawn from the research and conclusions that were made in previous work, such as the 2006 FATF Typologies study "The Misuse of Corporate Vehicles, including Trust and Company Service Providers" ; from analysis of jurisdictions' responses to a questionnaire developed for this project; as well as case studies obtained from various sources.
This report presents issues for consideration that should help to reduce the use of TCSPs for money laundering purposes.
21 October 2010
FATF: Money Laundering Using New Payment Methods
This report is builds on the 2006 Typologies report on New Payment Methods (NPMs). Since 2006, there has been a significant rise in the number of transactions and the volume of funds moving through NPMs. Consequently, the number of discovered cases where such payment systems were misused for ML/TF purposes has also increased.
This report compares the "potential risks" described in the 2006 report to the "actual risks" based on new case studies and typologies. The report also describes a number of indicators of suspicious activity. These red flag indicators will help NPM service providers and other financial institutions to detect ML/TF activities. The report describes the challenges presented in developing appropriate legislation and regulations for NPMs and the different approaches taken by national legislators and regulators.
The New Payment Methods report is the result of analysis of questionnaire responses and publications about NPMs as well as input by relevant private sector representatives such as NPM service providers, including the Internet payment sector, the mobile payment sector and prepaid card technology providers.
19 October 2010
Bank Negara Malaysia and Bank of Mauritius Signs MoU to Promote Mutual Co-Operation in Capacity Building
18 October 2010
CIOs Are Change Agents for a More Collaborative, Virtual Workplace
- Virtual team structures are fostering more productive relationships with internal and external partners.
- Organizations that have embraced virtual teams benefit from increased innovation and competitiveness, but often lack methods to measure the quantitative impact on the bottom line.
- CIOs have a unique enterprise-wide perspective and are familiar with the people, tools, technologies, and techniques needed to create a corporate culture of virtual teams.
Mauritius Foreign Investment Dealers
- No foreign investment dealer shall deal on a securities exchange unless authorized by the Commission.
- A foreign investment dealer may carry out the functions and activities of an investment dealer if authorized by the Commission in accordance with these Rules.
- The Commission may authorize the applicant to act as an investment dealer if the Commission is satisfied that the applicant is exercising the functions of an investment dealer in a jurisdiction where there is a regulatory or supervisory framework consistent with international best practice.
- An application for authorization shall be accompanied by:
Mauritius PCC
Mauritius Fund Management
- all administrative services required by the scheme;
- provision of registrar and transfer facilities:
- distribution of the securities of the scheme;
- maintaining accounting records of the scheme;
- giving investment advice in relation to the scheme; and
- maintaining the portfolio of the scheme.
The activities under 3, 5 and 6 are subject to the CIS Manager and its officers meeting the relevant conditions and requirements under the Securities Act 2005, the Securities (Collective Investment Schemes and Closed-end Funds) Regulations 2008 or any relevant rules.
Licensing conditions for a CIS Manager
The FSC shall not grant a CIS manager licence to an applicant unless –
- the applicant is a body corporate;
- the FSC is satisfied that the applicant will be able, if licensed, to comply with the requirements of the FSC Rules as to the financial and other resources requirements needed by the investment manager for the collective investment scheme; and
- the applicant and each of its officers meet the requirements relating to eligibility, fit and proper, duties and obligations, rules of ethics and other such conditions as may be specified in FSC Rules.
The person applying for a licence as a CIS Manager shall file the following information and documents with the FSC –
- Details of any other licence(s)/registration(s) which the Applicant holds and name of the licence(s) and issuing authority, and any restriction(s) imposed.
- Applicant to describe and demonstrate, with supporting documents or information, how it will satisfy its obligations under Part VIII of the Securities Act 2005, other relevant regulations/rules mentioned thereunder and the Securities (Collective Investment Schemes and Closed-end Funds) Regulations 2008.
- Undertakings Required where it is proposed to Invest in India: (i) An undertaking by the Applicant/Applicant’s Representative to the effect that the Applicant will not accept funds derived from sources within India from Indian Residents for investment purposes in the Applicant unless appropriate written approval from the relevant Indian Authorities have been obtained for such investment, and (ii) Undertaking by the person/entity responsible for conducting the AML-CFT on investors in the Company that he/she/it will ensure that no shares in the Applicant will be offered to/subscribed by Indian Residents which will be financed by funds derived from sources within India, unless appropriate written approval from the relevant Indian Authorities have been obtained for such investment.
- The applicant should submit evidence of the source of Capital/Fund to be contributed to the Company (whether proprietary, non-proprietary or others).
- The directors, shareholders and officers of the Applicant may be required to submit a morality certificate.
Mauritius Hedge Fund Administration
- whose sole purpose is the collective investment of funds in a portfolio of securities, or other financial assets, real property or non-financial assets as may be approved by the FSC ;
- whose operation is based on the principle of diversification of risk;
- that has the obligation, on request of the holder of the securities, to redeem them at their net asset value, less commission or fees; and
- where the participants do not have day to day control over the management of the property, whether or not they have the right to be consulted or to give directions in respect of such management.
- includes closed-end funds whose shares or units are listed on a securities exchange; but
- excludes such schemes as are specified in Part II of the Schedule SA 2005.
A Closed-end Fund means an arrangement or a scheme, other than a CIS, whose object is to invest funds, collected from investors through an offer or from sophisticated investors, in a portfolio of securities, or in other financial or non-financial assets, or real property.
A "Global scheme" is defined under the Securities (Collective Investment Schemes and Closed-end Funds) Regulations 2008 (“Regulations”) as a company or any other legal entity approved by the FSC, holding a Category 1 Global Business Licence (GBL 1) and authorized to carry out activities falling within the definition of a Collective Investment Scheme.
Conditions applicable to Global schemes
The FSC may grant an authorisation for a Global scheme provided that:
- information relating to the CIS Manager and the custodian as prescribed in the Regulations is submitted with the application for authorisation;
- a CIS administrator [e.g. OCRA (Mauritius) Limited] with a place of business in Mauritius is appointed;
- the accounting and reporting services are carried out by the CIS Manager, or the CIS Administrator of the scheme, having a place of business in Mauritius.
- The prospectus or other offering document contains the following statements in a prominent position:
"Investors in [name of the Global scheme] are not protected by any statutory compensation arrangements in Mauritius in the event of the fund's failure."
"The Mauritius Financial Services Commission does not vouch for the financial soundness of the fund or for the correctness of any statements made or opinions expressed with regard to it." - a certified copy of the prospectus or other offering document filed in a jurisdiction where the collective investment scheme is regulated or exempted from regulation is filed with the FSC;
- information is provided on the CIS Manager and the custodian, including name and registered addresses and where regulated, if applicable;
- information is given on whether the collective investment scheme is regulated, or shall be subject to regulation, in any jurisdiction and if so, a copy of the authorisation or similar consent of the regulator and if not, indication on what basis it is exempted from securities regulation in other jurisdictions;
- adequate measures are taken to prevent money laundering and financing of terrorism and provided that the FSC is satisfied that these measures meet legislative requirements.
Subject to FSC approval, a Global scheme may appoint and retain a CIS Manager and/or a custodian established in a foreign jurisdiction.
Such application must include the following documents / information:
- constitutive document of the scheme;
- measures taken to prevent money laundering and financing of terrorism;
- latest audited financial statements;
- a copy of the offering document given to potential investors; and
- if applicable, information on the CIS manager as requested in regulation 6.
- An expert fund shall only be available to expert investors.
- An expert fund may appoint a manager who, where appointed, shall be the holder of:
(a) a CIS manager licence; or
(b) a licence issued by a regulatory body in a jurisdiction having comparable regulation as Mauritius for investor protection (e.g. FSA in UK or SEC in US) - The CIS manager of an expert fund need not be resident in Mauritius.
- The Board of the fund or the CIS manager where appointed must satisfy itself that the fund is and continues to be managed in accordance with the fund’s constitutive documents.
- The Board of the fund, or the CIS manager where appointed, shall be responsible for ensuring that the provisions of these Regulations applicable to expert funds are complied with.
- The expert fund shall accept as investors in the fund, only such persons as the Board or CIS manager where appointed is satisfied are expert investors.
- The offering document or any other similar document of an expert fund shall:
(a) contain a statement to the effect that the expert fund shall be available only to expert investors,
(b) contain in a prominent position, the definition of an expert investor; and
(c) shall have the following statements in a prominent position -
"Investors in [name of the expert fund] are not protected by any statutory compensation arrangements in Mauritius in the event of the fund's failure."
"The Mauritius Financial Services Commission does not vouch for the financial soundness of the fund or for the correctness of any statements made or opinions expressed with regard to it." - In accordance with section 30 of the Financial Services Act 2007 the audited accounts of the expert fund shall be filed by the scheme, the CIS manager or the CIS Administrator as appropriate.
An “expert investor” means-
(i) an investor who makes an initial investment, for his own account, of no less than US$ 100 000; or
(ii) a sophisticated investor as defined in the Securities Act 2005 or any similarly defined investor in any other securities legislation (e.g. an accredited investor under US federal securities laws)
Exemptions for an Expert Fund
An expert fund, subject to authorisation from the FSC, shall be exempt from the provisions of the Regulations except for regulations 78 to 81 and Part I and XII.
Prime Minister Launches Global Board of Trade in Mauritius
Mauritius: Capacity Development Workshop on Tax Administration
Taxation and the Financial Services Sector in the UK: Predictability and Competitiveness
15 October 2010
Mauritius Private Foundation
The Foundations Bill