The Mauritius Financial Services Commission (FSC) on Friday issued a consultation
paper on the development of new licensing conditions for non-bank financial
institutions.
In a statement, the Commission explained that:
"The standardisation of documents for the non bank financial institutions
operating in the domestic sector is one of the main projects of the FSC. This
project forms part of the general review of the working methods within the Licensing
Directorate with an aim to streamline the licensing process in order to achieve
greater transparency, consistency and efficiency in the delivery of licences."
According to the FSC, the exercise only includes entities which have been
licensed under the Financial Services Development Act 2001. Institutions and
persons excluded from the provisions of the proposed licensing conditions include:
- Insurance companies, insurance agents, insurance brokers and insurance salesman
operating in the domestic market which are governed by the provisions of the
Insurance Act 1987;
- Stockbrokers, dealer’s representatives, stockbroking companies, investment
clubs and investment institutions which are licensed/ registered/ approved
under the Stock Exchange Act 1988; and
- Other financial institutions governed by other Acts, for example unit trusts
authorised under the Unit Trust Act 1989.
Under the new licensing conditions, all licensees will be required to notify
the Commission of any material change in their purpose or working principle,
and all licensees, except for management companies and corporate trustees, will
be obliged to notify the Commission of any new issue or transfer of shares which
results, directly or indirectly, in a shareholder holding 20% or more of the
licensee’s shares or its voting power.
In addition, licensees operating as portfolio and investment managers and investment
advisers will be required to have Professional Indemnity Insurance for a minimum
amount of Rs. 5,000,000. However, this requirement does not extend to directors,
managers and senior officers of the licensee.
All licensees will be obliged by the new rules to devise and set up appropriate
corporate governance measures for their sustainability, and must ensure that
whenever they delegate or outsource any of their functions, the delegatee is
competent, capable and fit.
Comment is invited on the proposed licensing conditions until December 6.