Appleby Mauritius Newsletter, April 2022

Published: 26 Apr 2022

Welcome to the April 2022 issue of Appleby’s newsletter. Each quarter, we will give you an overview of the latest legal and regulatory developments in the offshore world for the Mauritian jurisdiction.

Primary Contact

Malcolm Moller

Group Managing Partner: Mauritius, Seychelles

T +230 203 4301
E [email protected]

Malcolm Moller, Sharmilla Bhima, Melissa Naik, Vaishali Damonaiko, Dylan Mannikum

There have been significant changes to the Mauritian legal landscape since the outbreak of the COVID-19 pandemic especially in the area of the emerging technologies and cyberspace, the latest of which is the Virtual Assets and Initial Token Offering Act 2021. As it is customary at this time of the year, the preparations and discussions for the National Budget 2022-2023 have begun and we hope to share insights on incentives to further boost our international financial centre once these are known.

As we have all adapted to the new normal work culture of blending work from home and physical attendance at the office, the Mauritius office has promoted a member of the team to a senior position and injected new blood into the team. I am thus delighted to announce the promotion of Muhammad Aadil Koomar to the position of Counsel. The Appleby Mauritius office has also welcomed the following legal practitioners after they were admitted by the Supreme Court of Mauritius: Vaishali Damonaiko, Abdal Aumeer and Dylan Mannikum who successfully completed their pupillage with ourselves and, Suhaylah Juman who was a recipient of the Appleby Legal Education Scholarship.

This comes at a particularly interesting time, as the Mauritian legal landscape is steadily growing in line with global developments and we continue to progress in matters of Government, immigration, legislative and economic development, making the jurisdiction a more attractive place to do business.

We hope you find the below update informative and interesting. If you have any questions or comments, please contact our team or your usual Appleby representative.

26 Apr 2022

Blockchain: The New Normal for Voting?

One of the learning points of the COVID-19 pandemic remains undoubtedly the dramatic shift which it has triggered on the impact of emerging technologies into our business ecosystem. From the ‘good to have’ tool for ease of undertaking our personal necessities or being more commercially savvy, we have moved overnight to accommodating the emerging technologies as the indispensable tool for our personal or commercial demands.

Sharmilla Bhima, Vaishali Damonaiko

26 Apr 2022

Constitution or Shareholders’ Agreement – which one prevails?

In the daily practice of a corporate lawyer in Mauritius, a common item which crops up when seeking to ascertain the management rights and duties and obligations of the various stakeholders of a company is whether one should give prevalence to the company’s constitution or to its shareholders’ agreement.

Melissa Naik, Dylan Mannikum

26 Apr 2022

Employment rights during and following a pandemic under the Workers’ Rights Act

In view of the ongoing COVID-19 pandemic which is currently affecting the community at a global level, employers are faced with unprecedented questions as to what to do regarding their employees and the way forward, short term or long term.

Melissa Naik

26 Apr 2022

Statutory Demand: The time for a re-think?

A statutory demand is often perceived as a powerful weapon which the Insolvency Act 2009 (‘Insolvency Act’) has placed into the hands of a creditor to secure the prompt settlement of a debt. Indeed, it has the effect of unduly pressurising a debtor to settle its debt swiftly for fear of facing a creditor’s application to the Bankruptcy Division of the Supreme Court (‘Court’) to liquidate the debtor through this ‘fast-track’ weapon the more so that the Insolvency Act has created a presumption of insolvency which operates against a debtor who does not comply with a statutory demand.

Sharmilla Bhima, Vaishali Damonaiko

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Sharmilla Bhima, Dylan Mannikum

25 Jul 2025

Insider Dealing: A Review of the Treatment in Mauritius, EU and US Federal law

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Sharmilla Bhima

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Professional emails are personal data

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Are our Courts tilting towards procedural flexibility?

Case Commentary: R.K.G FRUITS CO LTD v MAERSK (MAURITIUS) LIMITED 2025 SCJ 220. In a significant decision reaffirming the principle that procedural technicalities should not override substantive justice, the Court of Civil Appeal allowed an appeal overturning an interlocutory judgment of the Bankruptcy Division that had dismissed an application to set aside a statutory demand on the basis of a contested board resolution.

Yahia Nazroo, Fatema Mohidinkhan

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19 Mar 2025

Is Cryptocurrency security - the Mauritian and USA perspectives?

As any of the emerging technologies, cryptocurrency has been disruptive to the market and has challenged regulators globally. Unsurprisingly, it has been commented that “a little more than a decade ago, cryptocurrencies were essentially an academic concept. The idea seemed far-fetched to most people. But that all changed in 2009 with the creation of Bitcoin …/… [today] the world’s cryptocurrency market is worth more than USD 3 trillion …/… there’s no question that crypto is here to stay, and it will undoubtedly continue to disrupt countless industries ”.

Sharmilla Bhima

8 Mar 2025

International Women’s Day 2025 roundtable: Rights. Equality. Empowerment.

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28 Jan 2025

Case Commentary: Mulliez H.S.B v Telecel Group SA & Anor 2025 SCJ 31

On 22 January 2025, the full bench of the Court of Civil Appeal in the matter of Mulliez H.S.B v Telecel Group SA & Anor 2025 SCJ 31 decided on the scope of Section 6 of the Court of Civil Appeal Act 1963, also common referred as the “similar purpose application” section. Unsurprisingly, the Court has pathed the way for judicial activism holding that the: “Court would therefore readily intervene, in the absence of any appropriate or adequate legal remedy, where the immediate and urgent intervention of the Court is warranted for the due administration of justice through the exercise of its equitable jurisdiction.”

Yahia Nazroo, Dylan Mannikum

Appleby Mauritius Newsletter, April 2022

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