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Global Business Company Category 1

A company holding a Global Business Licence Category 1 (also commonly referred to as GBC1 or GBL1) may either be locally incorporated or be registered as a branch of a foreign company. A foreign company may be re-domiciled and continue as a Mauritian GBC 1 if the foreign law so permits.

A GBC1 demonstrating substance can benefit from Mauritian tax treaties. The main requirements are:

  • Minimum of 2 resident directors capable of exercising independence of mind and judgement;
  • Holding of board meetings in Mauritius and demonstrating that central management and control is in Mauritius;
  • Maintenance of all accounting records;
  • Audited financial statements must be filed with the FSC within six months of the balance sheet date;
  • The use of local bankers;
  • Local substance supported by having local corporate secretary and administrators, auditors, office and communication facilities and staff;

Since 1st January 2015, the Financial Services Commission has given effect to additional requirements for determining ‘Management and Control’ of a GBC 1 for the purposes of tax residency. A GBC 1 must satisfy AT LEAST ONE of the following:

  • Has office premises in Mauritius; or
  • Employs on a full time basis at an administrative/technical level, at least one person who shall be resident in Mauritius; or
  • Its constitution contains a clause whereby all disputes arising out of the constitution shall be resolved by way of arbitration in Mauritius;
  • It holds or is expected to hold within the next 12 months, assets (excluding cash held in bank account or shares/interests in another corporation holding a Global Business Licence) which are worth at least USD 100,000 in Mauritius;
  • Its shares are listed on a securities exchange licensed by the Commission; or
  • It has or is expected to have a yearly expenditure in Mauritius which can be reasonably expected from any similar corporation which is controlled and managed from Mauritius.

 

Careful structuring and on-going management is required to benefit from tax treaties.