n Without Prejudice - The future of secured cross-border financing : Africa




A body corporate not registered in Mauritius, not having a place of business in Mauritius and not being a foreign banking or financial institution (a Foreign Body Corporate) cannot, by way of security for a loan, advance, payment or for any other obligation granted or effected to a Mauritian person (including a Mauritian company) be given a fixed and/or floating charge on the assets of that Mauritian person. This has been decided in the recent case delivered by the Supreme Court of Mauritius, 2014 SCJ 166.


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