Mauritius - File Notice of Variation of Rights

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Procedure

Apply In-Person:

1. To File Notice of Variation of Rights in person, the applicant should contact the Corporate and business registration department in Mauritius Contact link
2. The applicant should download the registration form from this link
3. The applicant must fill in the form with all necessary information, such as name, address, contact number, and other relevant details, as well as attaching all required documents, including proof of identity, proof of address, and any other documentation needed to complete the application process and they can be found under the “Required Document” section of this page.
4. Once the applicant has obtained all the necessary documents, they will have to present them to the necessary governing authorities to complete the application process, which can be done either through mail or in person at the Companies Registrar office.
5. The Companies Registrar will thoroughly review the submitted documents to ensure that they are in accordance with the provisions of the Companies Act and will take necessary steps to ensure that all requirements are met.
6. Once the Companies Registrar has issued the relevant confirmation, the applicant will need to pay the required fees, which vary depending on the size of the company and the nature of the documents being filed in Mauritius, and this payment must be made as per the authority’s request.
7. After payment has been made, the applicant will receive a notice of variation of rights from the Companies Registrar, which will include the date on which the variation of rights was registered.
8. Then the notice of variation of rights will be published in the Official Gazette and it will be available to the public.
9. The applicant can then proceed to make any necessary adjustments to their company’s articles of association to reflect the new rights.
10. The processing time for this procedure is 10-15 business days.

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Required Documents

• An application form for the Notice of Variation of Rights
• A copy of the original document that gives the rights being varied
• An up-to-date form of consent from all the owners of the rights being varied
• A form of consent to the variation from the Registrar of Companies
• A copy of the certificate of the company's registration
• A copy of a resolution of the company's board of directors authorizing the variation
• A copy of the deed of variation of rights
• A copy of the company's memorandum and articles of association
• An affidavit from the company's secretary confirming that all the requirements of the Companies Act 2001 have been complied with
• A certificate from the company's auditors confirming the financial position of the company
• A legal opinion from the company's lawyer confirming that the variation of rights is following the Companies Act 2001
• Any other documents required by the Registrar of Companies.

Office Locations & Contacts

Corporate and business registration department
One Cathedrale Square Building,
Jules Koeing Street, Port_Louis
Republic of Mauritius
Tel No: + (230) 202-0600
Fax No: +(230) 212-4480
Email: [email protected]
POINT OF CONTACT FOR INTERNATIONAL REQUESTS:
For any international requests for information on NPOs (Companies Limited by Guarantee and Foundations), please contact the Registrar of Companies/ Registrar of Foundations on the following:
Email address: comd Link
Phone No: +230 2020602 / +230 2020615
The requests for information should be made in writing and submitted on the above email address. The office of the Registrar will endeavor to provide the information required as soon as possible.
For information on associations, applicant may contact the Registrar of Associations on: [email protected]
Contact link

Eligibility

• In Mauritius, any person who has a legal interest in a property or a right over a property can file a Notice of Variation of Rights. This includes the current owner of the property, a potential purchaser, a creditor, or a tenant.

Fees

• A fee for this procedure has to be paid as per the authority’s request.

Validity

Explain the time until which the certificate/document is valid.
e.g. Birth Certificate Valid Forever

Documents to Use

Link

Sample Documents

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Processing Time

• The processing time for this procedure is 10-15 business days.

Related Videos

Videos explaining the procedure or to fill the applications.
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Instructions

• The Companies Act 2001 sets out the procedure for the issue of shares in a company incorporated in Mauritius. The procedure requires the company to file a notice of issue of shares with the Registrar of Companies in Mauritius.
• The notice must include the name of the company, the number of shares issued, the amount paid for each share, the name and address of each shareholder, and the date of the issue.
• The company must also provide evidence that the shares were fully paid for in cash or in kind. In addition, the company must provide the Registrar with a copy of its Memorandum and Articles of Association, and any other documents relating to the issue of the shares. Once the notice has been filed, the Registrar will issue a certificate of registration, which will confirm the details of the issue.
• The Registrar may also require the company to provide additional information or documents to process the notice. This may include proof of payment, copies of bank statements, and other evidence of the company’s financial standing.
• Failure to comply with the requirements of the Companies Act 2001 may result in the issue of shares being declared invalid.

Required Information

• Name of Applicant
• Address of Applicant
• Contact Number of Applicant
• Email of Applicant
• Purpose of Application
• The name and address of the registered owner of the property.
• The title deed number of the property.
• The proposed variation of rights.
• The name and address of the person(s) to whom the variation of rights is to be granted.
• The description of the property in the title deed.
• The purpose for which the variation of rights is being sought.
• The signature of the registered owner or the authorized representative.
• Payment of the filing fee.
• Any other relevant information

Need for the Document

• A File Notice of Variation of Rights in Mauritius is necessary to inform the public of any changes to the rights associated with a particular land or property.
• This is especially important if the land or property is subject to restrictions or limitations that are imposed by the government or other entities, such as banks.
• By filing a notice of variation of rights, the public is informed of any changes that may affect the rights associated with the land or property.
• This ensures that the public is aware of any changes that may affect their use of the land or property and can take the necessary steps to protect their interests.

Information which might help

More information can be obtained via link

Other uses of the Document/Certificate

Please explain what are other uses of obtaining this document/certificate.
e.g. Birth Certificate can be used as proof of identity.

External Links

Link

Others

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