Requirements for Obtaining a License under the Financial Services Commission (FSC), Mauritius
To operate within Mauritius’s non-bank financial services sector or engage in global business activities, entities must obtain a license from the Financial Services Commission (FSC). The licensing process ensures adherence to regulatory standards and promotes transparency, compliance, and accountability.
Key Requirements for Licensing
- Application Submission
- Applicants must complete the relevant license application form, available on the FSC’s official website.
- The application must be accompanied by all required supporting documents and the prescribed application fee.
- Business Plan
- A detailed business plan must be submitted, outlining:
- Nature and scope of proposed activities.
- Organizational structure, including key personnel and their qualifications.
- Financial projections and risk management strategies.
- Compliance with Legal Frameworks
- The applicant must comply with enabling legislations, including the Financial Services Act 2007, Securities Act 2005, Insurance Act 2005, and Private Pension Schemes Act 2012.
- Regulatory requirements include anti-money laundering (AML) and counter-financing of terrorism (CFT) compliance.
- Minimum Capital Requirements
- Entities must demonstrate financial capacity by meeting the FSC’s specified minimum capital requirements, which vary depending on the type of license sought.
- Fit and Proper Criteria
- Key individuals (directors, officers, and senior management) must meet the FSC’s fit and proper criteria, which assess integrity, competence, and financial soundness.
- Internal Controls and Governance
- Applicants must establish robust internal control systems and governance frameworks to ensure compliance with regulatory obligations.
- Documentary Requirements
- Certified copies of incorporation or registration documents.
- Identification documents of directors and shareholders.
- Audited financial statements for existing entities or financial forecasts for new entities.
- Risk management policies and procedures.
Application Process
- Pre-Application Stage
- Review the FSC’s licensing guidelines and ensure all required information and documentation are prepared.
- Submission of Application
- Submit the completed application form, along with supporting documents, to the FSC either in person or electronically.
- Payment of Fees
- Pay the non-refundable application fee. Additional fees may apply for specific license types or activities.
- Review and Evaluation
- The FSC evaluates the application to verify compliance with regulatory and legal standards. This may include due diligence checks on the entity and its key personnel.
- Decision on License
- Upon successful evaluation, the FSC grants the license, allowing the applicant to commence regulated activities.
- Post-Licensing Obligations
- Licensed entities must comply with ongoing regulatory requirements, including periodic reporting, payment of annual fees, and maintaining adequate financial resources.
Key Notes
- Failure to disclose relevant information or meet the FSC’s standards may result in application rejection.
- The FSC may request additional information or clarification during the evaluation process.
- Licensed entities must maintain compliance with AML/CFT regulations and adhere to international best practices.
By following these steps and meeting the FSC’s requirements, applicants can obtain the necessary licenses to operate within Mauritius’s financial ecosystem. The FSC’s rigorous standards ensure a transparent, stable, and internationally credible regulatory environment.