Subject: ITL Newsletter - Amendments to the Non-Citizens (Property Restriction) Act (the “Act”)

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Amendments to the Non-Citizens (Property Restriction) Act (the “Act”)

The Non-Citizens (Property Restriction) (Amendment) Act 2021 (the “Amendment Act”) was legislated on 29th April 2021 and brings in several major changes to the Act as follows:

The Amendment Act clarifies on instances where PMO approval is not required for the disposal of immovable property:


For non-citizens:

  • in accordance with any other enactment or convention to which Mauritius is a party while he is the spouse of a citizen, married under the “régime legal de communauté”

  • by inheritance

  • by the effect of marriage


For non-citizens and non-residents of Mauritius:

  • shares or securities of a company which is listed on the Official List of the Stock Exchange or on any Second Market which may be established under the Stock Exchange Act


We note that no such exemption has been granted for the disposal of

  • investments made in a unit trust scheme or collective investment scheme

  • properties acquired under the Invest Hotel Scheme, Property Development Scheme or Smart City Scheme, prescribed under the Economic Development Board Act 2017

  • an apartment used, or available for use, as residence, in a ground + 2 building and whose purchase was of at least Mur 6 million

  • plot of land for the construction of a residence acquired by a company holding a certificate under the Smart City Scheme

  • residential property acquired under the Integrated Resort Scheme and Real Estate Scheme


If you have any questions or you require more information on the Non-Citizens (Property Restriction) (Amendment) Act 2021, please get in touch with your usual contact person at ITL or write to us on info@intercontinentaltrust.com



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DISCLAIMER

The information in this e-newsletter was prepared by Intercontinental Trust Limited to provide potential clients with a broad overview of the opportunities available in Mauritius. While all reasonable care has been taken in the preparation of this e-newsletter, Intercontinental Trust Limited accepts no responsibility for any errors it may contain, whether caused by negligence or otherwise, or for any loss, however caused, sustained by any person that relies on it. Readers are advised to consult with appropriate, qualified professional advisors before taking action. Intercontinental Trust Limited will be pleased to discuss any specific issues.