Mauritius - File Notice of Cessation to Hold Office as Director

Advertisement

Procedure

Apply In-Person:

1. To File Notice of Cessation to Hold Office as Director 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 the payment is received, the Companies Registrar will then issue the official Notice of Cessation to Hold Office as Director in Mauritius, which will be an official document and should be retained by the applicant as proof of their filing.
8. After the Notice of Cessation to Hold Office as Director has been issued, the applicant must submit it to the Companies Registrar for official filing.
9. The applicant must also have the notice published in the Official Gazette of Mauritius, which is the official newspaper for the country, and this must be done within seven days of filing.
10. Lastly, the applicant must also notify the Companies Registrar of any changes to the Notice of Cessation to Hold Office as Director in Mauritius, which must be done within five days of any such changes.
11. The processing time for this procedure is 10-15 business days.

Advertisement

Required Documents

• A completed and signed Form
• A copy of the director’s ID card or passport
• A copy of the company’s Certificate of Incorporation
• A copy of the company’s Memorandum and Articles of Association
• A copy of the resolution of the board of directors approving the director’s cessation to hold office;
• The latest financial statements of the company
• A signed copy of the Cessation of Office letter
• A statutory declaration of the director confirming that he has no pending or potential claims against the company
• A copy of the minutes of the meeting of the directors at which the decision to accept the director’s cessation to hold office was taken
• A statutory declaration of the new director confirming that he/she meets the criteria for appointment as a director.
• Any other documents may be required by the authority.

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 director of a company who wishes to resign from their position is required to file a Notice of Cessation to Hold Office as Director with the Registrar of Companies. This requirement applies to both local and foreign directors.

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

Please attach sample completed documents that would help other people.

Processing Time

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

Related Videos

Videos explaining the procedure or to fill the applications.
Attach videos using the following tag <&video type='website'>video ID|width|height<&/video&> from external websites.
Please remove the '&' inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver,
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.g In the following url 'http://www.youtube.com/watch?v=Y0US7oR_t3M' Video ID is 'Y0US7oR_t3M'.

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 company.
• The name of the director who is ceasing to hold office.
• The date of cessation.
• The name of the director's successor, if any.
• The date of appointment of the successor, if any.
• The name of the company's registered office.
• The name and address of the company's registered agent.
• The name and address of the company's officers.
• The company's registration number.
• The signed consent of the director who is ceasing to hold office.
• Signature of Applicant
• Any other relevant information

Need for the Document

• The Companies Act 2001 in Mauritius requires every director of a company to file a Notice of Cessation to Hold Office as Director at the Registrar of Companies within 21 days of ceasing their role as director.
• This is required to ensure that the details of the company’s officers and directors remain up to date.
• The filing of this notice is a legal requirement and failure to do so may result in the company being fined.

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

More information which might help people.