Legis and Partners Ltd

LEGIS, thanks to the experience of its team acquired over the years, is able to advise and support any new investor who wishes to start a business in Mauritius. Due to a developed deep understanding of how businesses work, this support can span throughout the entire life cycle of the business, from incorporation or initial acquisition, to the sale, expansion or restructuration of the set up entity.

Our services include :

• Advising and assist over the choice of the corporate form,
• Carrying out the necessary formalities to incorporate entities,
• Advising and assist on matters of corporate governance, share capital structuring (classes of shares with differential rights) and shareholder relations,
• Drafting documents such as constitutions, shareholders agreements, share subscription agreements, share purchase agreements, share transfer agreements, contribution agreements, shareholder loan agreements,
• Corporate secretarial services (availability of a registered address, keeping of company registers, approval of financial statements, updating the file at the Registrar of Companies, etc.), carrying out necessary formalities and publications,
• Support and assistance for opening bank accounts in Mauritius and applications for banking facilities,
• Pre and post transactions assistance, for increase or reduction of share capital, mergers, acquisitions, contributions,
• Advising and assistance for transfer of shares between shareholders or to third parties, including applications for the necessary authorizations,
• Carrying out due diligence,
• Assistance in case of dissolution, insolvency, removal from Registrar of companies or liquidation.

LEGIS, being specialized in this area, guides its clients through the procedure and manages to find adaptable solutions to their projects of incorporation or expansionA

Over the years, the partners, associates and collaborators of LEGIS have built up a wealth of experience in employment law. We examine the different areas of employment law in Mauritius (Workers’ Rights Act/Remuneration Regulations) to identify what is applicable.

Companies call on the services of LEGIS to draft, negotiate or review contracts of employment of their employees, set up internal rules and regulations, health and safety regulations, to seek advice on the Portable Gratuity Retirement Fund (PGRF), NSF & NPF contributions, P.A.Y.E and so on.

A specialised and committed team within LEGIS reviews the working conditions of foreign workers on secondment or expatriates (secondment agreement and occupation permits), makes applications to the Economic Development Board (previously the Board of Investment), and generally assists applicants on any matter related to immigration in Mauritius, including settling in Mauritius, housing, employment or tax.

LEGIS advises and assists its clients on matters relating to the termination of employment:

• by either the employer on justifiable grounds (economic, structural, technologic…), disciplinary proceedings for misconduct or poor performance, or by
• the employee (resignation).

Our areas of intervention include:
 

• Advising and assist in drafting employment contracts adaptable to the needs of different types of business, workers and non-workers, for hiring both Mauritian employees as well as foreign employees in Mauritius,
• Drafting of internal rules and regulations,
• Assist to negotiate and draft settlement agreements in case of a dispute between employers and employees,
• Assist during disciplinary proceedings (warning, dismissal, suspension, disciplinary committee, dismissal for misconduct),
• Advise on procedure for dismissal for economic reasons (including on dealing with Mauritian authorities).

The partners and collaborators of LEGIS have assisted many property developers and foreign buyers to achieve their real estate projects and/or their purchase of villas and apartments in Mauritius.

LEGIS has built up a strong expertise in the real estate sector in:  :

advising on the applicable regulations to residential projects such as IRS, RES, PDS, smart cities as well as the acquisition of villas and senior citizen residences,

advising and assist clients in dealing with Mauritian regulatory authorities to obtain all necessary authorizations and permits from the relevant authorities (Economic Development Board (EDB), Tourism Authority, Prime Minister’s Office, Ministry of Housing and Lands, Ministry of Social Security, National Solidarity and Environment and Sustainable Development (Social Security and National Solidarity Division), District Council, etc.)

negotiating and drafting of all necessary agreements from the initial phase of the project to its implementation (structuring, shareholders agreement, pre-sale contracts, long term lease agreements, marketing agreements, distribution agreements, design and construction/turnkey contracts such as FIDIC contracts, project management contracts, warranty contracts, etc…) and review of deeds of sales drafted by notaries (preliminary sales agreements, buying off plans (actes de vente en état futur d’achèvement – VEFA), technical documentation, and co-ownership contracts),

negotiating with banks and review of loan agreements and guarantee agreements (escrow agreement, performance bond, etc.), registration of security interests with the Registrar General (fixed and floating charges), etc.)

advising property developers and property owners on Mauritian law in relation to co-ownership and construction-related insurances,

provide assistance at general meetings of co-owners (relationship with the syndicate).

LEGIS assists and advises its clients to protect their intellectual property rights, in particular, their trademarks on the Mauritian territory.

LEGIS regularly:

• carries out searches at the Intellectual Property Office to verify the availability of trademarks, to safeguard against situations where a competitor owns a similar trademark;
• advises on rules and procedures;
• help with the deposit of trademark application and follows up on the registration process with the Intellectual Property Office in Mauritius until the trademarks are protected;
• renews trademarks;
• represents its clients in case of opposition to the registration of a trademark;
• negotiates and drafts contracts relating to the transfer of intellectual property rights to a third party (Assignment or acquisition of trademark, licensing agreement, franchise agreement, etc.);
• provides assistance in fighting and preventing counterfeiting (including collaboration with Mauritian customs).