Forex License in Mauritius

What is the Mauritius Forex license?

With a Forex license in Mauritius (Investment Dealer license), a company is authorized by the Mauritius Financial Services Commission (FSC) to provide financial services relative to securities, investments, brokerage, financial advice, etc. Many business models are possible under this framework, supervised and monitored by the FSC. Obtaining the license can be reasonably short, in comparison to similar authorizations for financial companies. The requirements, both for the licensing and the operation of the company, are lighter than more traditional and so-called “onshore” licenses. It stands saying that Mauritius, though being an island set in a paradise environment, with a financial center and advantageous tax conditions, does not tick all the boxes of an offshore jurisdiction and is not considered a tax haven. This is particularly true for domestic companies, which are liable to a flat tax rate of 15% on worldwide income. Mauritius investment platforms are required to be domestic and hold substance in the island of Mauritius, in the form of a physical office space, at least one local worker and a certain amount of corporate expenses in the country. Bookkeeping and auditing applies as per the legislation in force.

What is the process to get a Mauritius Forex license?

The timeline to secure a Forex license in Mauritius is variable, depending on the project complexity and workload of the regulator.

Usually, the period required for the license to be obtained ranges from six months to a year, based on LegalBison’s experience observed in practice. The acquisition of a ready-made Mauritius forex broker company reduces the duration of the process significantly.

The duration of the licensing process is mainly conditioned by two factors:

• The correct preparation of the application and required legal documents;
• The quickness in answering the requests of the Financial Services Commission.

The process is straightforward: the regulator has set expectations in terms of requirements and criteria to be met, laid out in law texts and guidelines issued by the FSC. Proper guidance on the matter is therefore advisable, with a trusted partner such as LegalBison. The process, in summary, is broken down into three major parts:

• The incorporation of a company in Mauritius, with substance (office, local worker);
• The drafting of legal documents and preparation of all the application requirements, including share capital deposition into a newly opened bank account;
• The reviewing of the application by the regulatory authorities, which may ask for additional information to the project team.

The founding team of the project shall expect to be called in to the Republic of Mauritius for physical meetings in the premises of the Financial Services Commission.

What are the different Forex licenses in Mauritius?

The Forex license in Mauritius is broken down into 4 tiers of authorization. Each of these tiers allow an increasing level of financial services. Obviously, for each type of license, specific requirements and obligations apply, that are acknowledged by the project team when preparing for the application.

1- Discount Brokers

Execute transactions on behalf of your clients.

2- Brokers

Manage your clients’ portfolios and give them advice on securities’ transaction.

3- Full Service Dealer without underwriting

Act as intermediary, trade securities as principal to resell to the public and give investment advice (overall strategy, not limited to individual securities).

4- Full Service Dealer with underwriting

In addition to everything else, underwrite and distribute securities on behalf of an issuer or holder.

Each tier of licensing imply a different level of licensing fee, annual license renewal fee and minimum share capital to be deposited and maintained at all time in a Mauritian bank account. The breakdown of the fees and capital requirements can be found in our table, in the dedicated subsection.

Can I purchase a shelf companies with a Mauritius Forex license?

Yes, in case you want to get to business faster, this is an advisable choice. Ready-made Forex companies in Mauritius allow Forex brokers to get started seamlessly by acquiring an existing entity, with or without past activity. LegalBison provides complementary assistance for all the aspects to cover, in order to ensure a fast delivery and startup. LegalBison has a rolling stock of ready-made Mauritius investment companies. Inquire directly to our consulting team for available entities and prices.

The minimum requirements for a Forex license in Mauritius are:

• Company registered in Mauritius;
• At least 1 employee (or contractor) residing in Mauritius;
• Duly filled in authority form and written and signed consent of each promoter, officer and/or controller;
• Certified copy of the resolution of the board of directors authorising two members of the board to sign the application;
• Formal application under section 29 of the Securities Act 2005 for an Investment Dealer License;
• Detailed Business Plan;
• Minimum required share capital and payment of the application fee, depending on the chosen license type (see subsection below).

Explaining the different tiers of the Forex license in Mauritius

The investment dealer license framework consists of four tiers of authorization, with increasing financial requirements and allowed level of services.

Tier 1 - Discount Broker

The lowest level of licensing allows a company to execute orders on behalf of their clients, effectively acting as a broker. This allows the project to act as an intermediary between its customers and the markets, by acting an interface which buys and sells financial instruments. These instruments, such as bonds or foreign currency, shall be regulated by the Mauritius FSC.

Tier 2 - Broker

As a licensed broker, a Mauritian company is allowed to provide financial advises, whether in the form of verbal advice, financial planning or portfolio management. With this license, a company can legally give advice to customers regarding securities’ transactions.

Tier 3 - Full Service Dealer

With this tier of licensing, a company can give investment advice to its clients. It is also authorized to trade securities as principal and to resell them to the public. This tier is sometimes referred to as a stock broker license or a commodity broker license, as it allows for these activities in addition to Forex.

Tier 4 - Full Service Dealer with Underwriting

This tier is similar to the 3rd one, with the notable addition of having the right to underwrite and distribute securities. In other words, this means that the company is allowed to issue its own financial instruments. This includes the stocks of other companies through the mechanism of underwriting, where the company purchases the initially issued stocks to resell them to the public (initial public offering).

Summary: the four tiers of the Mauritius Forex license

The table below summarizes the differences in terms of financial requirements for the four tiers of Forex license in Mauritius.

Process to get a Forex license in Mauritius

The process to successfully secure the Forex license in Mauritius begins once all the requirements for the corporate structure are met.

Process & communication with the regulator

In this subdivision of the Forex licensing process, the company has already been formed in Mauritius and the corporate requirements are already met: physical office, domestic worker(s) and deposition of share capital. The application begins with the provision of an application form, which details:

• the capital structure of the project;
• details about the board and personnel (directors, officers, secretary, mandatory auditor);
• shareholders structure and ultimate beneficial owners disclosure.

The form shall be accompanied by documents and references pertaining to the listed elements above. It will be addressed to the Mauritius Financial Services Commission to spark a conversation and effectively begin the survey of the application.

LegalBison has a long standing and positive experience in working with the Mauritian regulatory authorities. We know their expectations and concerns. Subsequently, our team will know exactly how to drive your project through all the mandatory milestones for a smooth and successful licensing process.

Documents to prepare for application to the Forex license in Mauritius

In addition to the application form and its attached document, the Forex broker willing to get a license in Mauritius is expected to provide a significant amount of supporting legal, technical and corporate documents. A detailed business plan must lay out the human and technical resources of the project, its marketing plan and financial forecast on 3 years, and a detailed description of the securities involved. The business plan must be very clear on the services that will be provided by the company. In case the licensee will develop or make use of a trading platform, the applicant must provide a detailed description of the platform, its technical details, disclosure of who has admin access, etc. If the platform is outsourced or a white-labeled solution, the applicant must provide details about the software developer. Legally binding documents must be established in order to define responsibility for trade execution, liquidity provision and OTC trading. The company must detail how it will segregate clients funds. Legal certificates, procedures and agreements must also be drafted and provisioned in regard to prudential and safeguarding requirements. Fitness and property of all the board members and beneficial owners must be established.

Company formation in Mauritius for a Forex license

The investment dealer license for Forex and investment companies in Mauritius can only be granted to a company incorporated within the Republic of Mauritius. Typically, the registration of a company in Mauritius is a simple and fast process, necessitating about 2 weeks to be fully completed. It is worth noting that in the scope of applying for a Forex license in Mauritius, one shall consider all the necessary requirements for the license even before the incorporation of the company begins. Some aspects shall then be considered from the company formation stage. This includes the important substance requirement: having a local, physical office space in Mauritius and to hire (even as a freelance worker) at least one domestic resident.

The formation of a company in Mauritius with the goal to apply for the Mauritius Forex license is then bound to the requirements for the license, and cannot be approached without this aspect in mind.

Taxation of Mauritius Forex companies

The corporate income tax rate for domestic companies in Mauritius is a flat rate of 15%. This rate applies to most types of companies, including the Forex brokers and other activities covered by the investment dealer license. Taxation is calculated on the worldwide income. It is worth reminding that the Forex license in Mauritius can only be granted to resident companies, meaning the domestic taxation regime applies.

Contrary to a popular belief, Mauritius is not a tax haven anymore. Though this paradise country can qualify as offshore, every company operating from its territory is subject to the same 15% corporate income tax.

In Mauritius, financial services are not subject to the value added tax (VAT).

Obligations to fulfill with a Mauritius Forex license

Once the Mauritian company has successfully secure the Forex license, it remains objects to a certain number of regulatory obligations.

Legal obligations

Maintaining the Mauritian Forex license requires consistent compliance with the laws surrounding this legal framework, including among others:

• Securities Act of 2005
• Financial Services Act of 2007
• Stock Exchange (Brokerage) Regulations of 1989

A Mauritius investment dealer must maintain all the due diligence and compliance systems and structure it did set for applying to the license, as these requirements are ongoing. Accounting, reporting and audits are mandatory.

Financial obligations

The share capital required for license application must be maintained at all time, unimpaired. Every business year, the company must spend at least 30.000 USD within the country of Mauritius, including office rent, worker compensation, auditing and accounting services (if outsourced and done in Mauritius, which is recommended).

Forex brokerage platform with a Forex license in Mauritius

The most common usage of the Mauritius Forex license is the operation of a trading platform. Often referred to as Forex platforms, these brokerage companies allow their clients to trade on the foreign exchange market, making usage of tools such as the famous MetaTrader trading platform. Our team has assisted numerous Forex brokerage platforms to set up in the past. Rely on the long standing experience of our team by reaching out today.

Portfolio management with a Forex license in Mauritius

The Mauritius Forex license permits the management of clients’ financial assets on their behalf. The licensee can invest their clients funds and manage their investments. This includes both the allocation of clients’ funds into underlying assets, and the authorization to change the allocation as the portfolio manager deems necessary (depending on the agreement with the client). Our team will gladly assist in assessing what is possible to do with the Investment Dealer license in order to set up a hedge fund or else for your clients. Get in touch for more details.

Securities issuance with a Forex license in Mauritius

Holders of the highest level license of the investment dealer framework in Mauritius are authorized to underwrite securities. That is to say, that they can create financial instruments and offer them for trading to their clients. In other words, a fully licensed Mauritius forex company can conduct an initial public offering (IPO) on behalf of another company by underwriting its newly issued shares and selling them on the markets. For more information, contact us.

Financial advising with a Forex license in Mauritius

The Mauritius Investment Dealer license, for Forex brokers and other sort of financial activities, allows a company to provide financial advices to its customers. Financial advising is not necessarily limited to verbal advices and financial planning, as it encompasses in a broader manner the likes of portfolio management and investments on behalf of the customers. More information on request.

Issuance of derivatives with a Forex license in Mauritius

Along with the authorization to underwrite securities, Forex brokers in Mauritius are allowed to offer derivatives to their customers. Structured products of different kinds can be produced, authorized by the Mauritius Financial Services Commission, and offer on the brokerage platform of the licensed firm. For further assessment of your proposed derivative product, it is generally advised to get a legal opinion. LegalBison will gladly provide the necessary expertise for starting up smoothly.

Operating a trading bot with a Forex license in Mauritius

The operation of a trading bot, whether it is on Forex or other sort of financial underlyings such as cryptocurrency, is authorized by the Mauritius investment license. In this case, the bot is authorized to manage the clients’ capital on their behalf and do not necessitate them to put and pull their funds manually (which wouldn’t be authorized without the proper investment license). LegalBison has successfully accompanied a dozen of trading bot operators into hitting the market. Reach out today and book a free 30 minutes consultation with our senior advisor.

Offering CFDs and Futures contracts with a Forex license in Mauritius

The Mauritius forex framework is also licensing for derivatives such as Futures or Contracts For Differences (CFD). These financial instruments are very popular on Forex trading platforms. It is also possible, through this means, to operate as a commodities broker, with CFDs and Futures on gold or oil for example. For more information on the legal and technicals aspects of the offering of structures financial products on a Forex brokerage platform and to start designing your project, get in touch with LegalBison and benefit from a free consultation for your project.

Offering leveraged trading with a Forex license in Mauritius

Leveraged trading is a must-have for any Forex and trading platform online. It is now a given for amateurs and experienced day traders. The Mauritius framework allows a licensed company to provide leveraged trading services, provided it demonstrates good practices in terms of margin requirements. Intrinsically, this also means that a Forex broker licensed in Mauritius is authorized to provide its customers with loans (similar financial mechanism). More information on request.