CUSTOMER CHARTER 2013 Grand Winner of 2003 Excellent Customer Service Winner of 2003 Excellent Customer Service in the category of quality Grand Winner of 2006 Public Service Excellence Award Winner of 2011 Public Service Excellence Award in the category of Effectiveness and Efficiency Certified ISO 9001:2008 Customer Charter Contents Page The Companies Division Our Motto Our Core Values 1 Our Vision Our Mission Our objective 2 Our Customers Services Provided Reservation of Names 3 Incorporation of Companies Registration of Business Registration of Documents Registration of Sociétés 4 Centralised Source of Information Enforcement Certified/Uncertified Copies of Documents 5 Annual Registration Fee Complaints Insolvency Matters 6 Limited Partnerships Foundations Customer Service Contact Details 7 8-9 The Companies Division falls under the authority of the Ministry of Finance and Economic Development. It is a service provider and it administers the following laws:Companies Act 2001 Business Registration Act 2002 Code de Commerce The Insolvency Act 2009 The Limited Partnerships Act 2011 The Foundations Act 2012 Our motto Leading the way. Our core values Integrity Customer care Team Work Innovation Dedication Excellence/Quality Knowledge Timeliness Our vision To be a world-class leader in providing quality services to the corporate community and entrepreneurs for the economic growth of the country. 1 Our mission To provide a modern and efficient framework for businesses whilst ensuring that the legislative framework within which they operate is effective, user friendly and in line with international standards. To be responsive to the needs of customers and to increase efficiency and effectiveness in service delivery. Our objective :To build an inseparable relationship with our customers by understanding their needs and delivering services that they truly value. Our customers :Our customers are the general public as well as professionals operating in the business community. Services provided : Reservation of Names Incorporation of Companies Registration of Businesses Registration of documents Registration of Sociétés Access to a centralised source of information Enforcement Providing of certified/uncertified copies of documents Collection of annual Registration fees Entertaining of complaints from the public Insolvency Matters Registration of Limited Partnerships Registration of Foundations 2 RESERVATION OF NAMES Reservation of names is not compulsory. However, any person who wishes to incorporate a company in Mauritius may, at his option reserve a company name prior to incorporation. An application for name reservation and a notice of reservation of name is dealt with expeditiously provided that the necessary fees are paid. INCORPORATION OF COMPANIES Domestic companies are incorporated within 3 hours after payment of the prescribed fee is effected. Certificates of incorporation for Category 1 & Category 2 Global Business Companies are also delivered within the same time frame, if approval has been obtained from Financial Services Commission. REGISTRATION OF BUSINESS Businesses are required to be registered by filing an application form which is available at the counter or on our website. A Business Registration Card is issued to the person immediately subject to a payment ranging from Rs125 to Rs1500. REGISTRATION OF DOCUMENTS The law requires companies to undertake regular statutory filings. These include annual returns, financial statements or any change in office bearers. The staff who are experienced and well versed in company matters provide help in the filing of returns & documents and offer assistance to representatives of companies and to the general public. Documents are required to be filed at this office within statutory delays. Documents may be retained for a maximum period of 14 days for verification purposes. 3 REGISTRATION OF “SOCIÉTÉS” “Sociétés” both civil and commercial are registered under the Code de Commerce or the Code Civil Mauricien. A certificate of posting evidencing the registration of the société is delivered within 1 working day. CENTRALISED SOURCE OF INFORMATION This office keeps a complete manual record of every company incorporated, business, “société”, limited partnership and foundation registered in Mauritius. The same information is uploaded in the system and is available through computer terminals. Available information includes date of incorporation, constitutive documents, financial statements, lists of shareholders and directors, nature and place of business. Such information is open for inspection by any person who wishes to make a search in either a domestic company, public Category 1 Global Business, “société”, business and limited partnership on payment of an amount of Rs100 per entity. A person duly authorised by the secretary of a foundation or the Commission may, on payment of a fee of Rs 100 inspect the register relating to a foundation. In the case of private companies holding Category 1 Global Business licences or companies holding Category 2 Global Business licences, information available to any person on payment of the prescribed fee is limited to the name of the company and its registered office as well as its management company/registered agent. Persons carrying out company searches may choose to consult the company file or access the information on computer terminals which are at their disposal in the search room. A new service which is free of charge is available on our website (http://companies.gov.mu) where one may consult the status of a company and some basic information. Information regarding the businesses which are registered is also available. 4 ENFORCEMENT The Enforcement Section is responsible for follow ups of all statutory company filing effected at this office and provides assistance to queries on companies. Replies to letters from the Police Department, ICAC or other Ministries and directors of company are effected within less than one week. Certificates of change of name, conversion or change in legal regime are normally issued within less than 3 working days. Companies which do not comply with the Companies Act are given the option either to have the offence compounded, in which case the penalty fine is paid at the office or to be referred to Court for prosecution. Companies which have not submitted their statutory returns for a period of time and which, in the Registrar’s opinion, are not carrying any business, are likely to be removed from the Register. PROVIDING OF CERTIFIED/UNCERTIFIED COPIES OF DOCUMENTS Our customers may also apply for certified/uncertified copies of any document in the custody of the Registrar. Uncertified copies are delivered within 2 working days and certified copies are issued within 3 working days following the payment of the required fee. COLLECTION OF ANNUAL REGISTRATION FEE Payment of registration fees for companies, commercial “sociétés”, limited partnerships and foundations must be effected yearly as from 3 January to 20 January inclusively. After the 20 January, a higher rate is applicable. Where a company, commercial “société”, a limited partnership or a foundation defaults in payment, a reminder is sent to its registered office within one month. Any non-compliance by a company entails either prosecution or the compounding of the offence. 5 COMPLAINTS Complaints received at this office from the general public/shareholder/director may be either general in nature or specific. The Companies Division believes that addressing complaints in a timely manner is an important part of our continuous improvement process. We aim to acknowledge and resolve a complaint within 3 working days of the receipt of the complaint. Any complaint regarding the services provided by the office are addressed in writing to the Registrar of Companies, One Cathedral Square Building, Jules Koenig Street, Port Louis. INSOLVENCY MATTERS With the enactment of the Insolvency Act 2009, a unit has been set up to deal with insolvency matters regarding individuals, corporate bodies and unregistered corporations. It ensures that the processes relating to insolvency of individuals, companies and other corporate bodies are in accordance with the law and practice. A register of discharged and undischarged bankrupts and persons who are subject to a summary installment order is maintained for public search. The unit is also responsible to supervise the conduct and performance of Insolvency Practitioners in collaboration with professional bodies whereby providing a well regulated professional environment. A Register of Insolvency Practitioners is also being maintained. It also receives complaints as regards to the conduct of these practitioners. LIMITED PARTNERSHIPS Since 15 December 2011, Limited Partnerships are registered under the Limited Partnerships Act 2011. A Limited Partnership consists of one or more persons called general partners and one or more persons called limited partners. 6 FOUNDATIONS Since 1 July 2012 , Foundations are registered under the Foundations Act 2012. A foundation can be both charitable and non-charitable. Every foundation needs to have a council which shall administer the property of the foundation and carry out its objects. CUSTOMER SERVICE As a certified MS ISO 9001:2008 Organisation, the Companies Division has made it a priority to maintain a quality service and to exceed customers’ expectations. A customer service counter has been set up on the lower ground floor of our premises and is manned by staff well versed in the Companies Act and laws that are administered by the Division to provide assistance to our customers. Enquires on procedures and requirements under the various legislations are dealt with on the spot. Forms of companies, businesses and insolvency issues are available at the office on request or may be downloaded from our website at the following address: http://companies.gov.mu Office facilities offered to the customers include: A pleasant waiting area; Prompt and efficient service; Pleasant and courteous staff to assist the customer. A helpline service is also available whereby our customers may phone in with their queries. (Telephone Numbers: - 208 4539, 211 2865, 213 3414) 7 CONTACT DETAILS Registrar of Companies (thro’ C.S) 208-4117 Acting Deputy Registrar of Companies 211-2832 Enforcement, Sociétés, Limited Partnerships and Foundations Section 213-7292 Complaint Section 208-0970 Category 1 Global Business Companies Section 211-2867 Category 2 Global Business Companies Section 211-2564 Incorporation and Information desk 213-7291 Registration and Monitoring Section 211-2845 Insolvency Service Unit 208-4932 Business Registration Section 210-4640 Help Line 208-4539 8 Web Site : http://companies.gov.mu Email : comd@mail.gov.mu Fax : 212-6493, 213-7290 Helpline : 208 4539, 213 3414 Hours of business : 9.00hrs – 16:00hrs Except for Global Business Section: 9:00 hrs – 16:30hrs Cash Office : 9:00 hrs – 16:30hrs This charter was published in January 2013 and is subject to regular review. 9