VOCATIONAL TRAINING INSTITUTE PRESENTS

LAW RELATING TO FINANCIAL SERVICES IN MAURITIUS

TRAINER: Siv Potayya, Barrister , at Wortels Lexus Law Firm, reckoning 30 years of experience in financial services law

MQA APPROVEDHRDC REFUND

MODULE 1: LAW RELATING TO BANKING FINANCIAL

SERVICES

THE BANK OF MAURITIUS

IS THE REGULATOR OF

THE

BANKING FINANCIAL SERVICES

MODULE 2: LAW RELATING TO NON BANKING

FINANCIAL SERVICES

THE FINANCIAL SERVICES COMMISSION

IS THE REGULATOR

OF

THE NON BANKING FINANCIAL SERVICES

MODULE 1

BANKING FINANCIAL SERVICESLegal history of the banking regulator: the Bank of Mauritius

BANK ACCOUNT  Opening of a bank account What is a bank? What is a customer? What is a bank account? The nature of the contract

between the bank and the customer

MODULE 1 (continued)

The provisions of the civil code governing a bank account

The law of contract The implied terms of the contract The express terms of the contract Who can open a bank account? Person of age Minor children Spouse under maiden name Joint account- Joint account

holders A joint account “solidaire’ A joint account “collectif” Corporate entities Others

MODULE 1 (continued)

Operation of a Bank Account Closing of a bank account Bank statements Banking confidentiality  Who can have access to

banking information? How does Mauritius tilt the

balance between ease of business and money laundering within the scope of the banking secrecy laws?

MODULE 1 (continued)

BANKING SECURITY INTEREST

Personal guarantee and real guarantee

Personal guarantee Le cautionnement Le contrat de cautionnement La relation triangulaire La caution ou fidéjusseur ( Co-

caution ou Co-fidéjusseur) Le cautionnement simple Le bénéfice de division Le bénéfice de discussion Le cautionnement solidaire

MODULE 1 (continued)

Real Guarantee   Nantissement-Gage sur ‘’bien

immeuble - antichrèse’’ and ‘’sur bien meuble’’

Nantissement-Gage sans déplacement and Gage avec déplacement

Floating and Fixed Charges – ‘’Sûretés flottantes et Sûretés fixes’’

Pari-Passu and ranking of charges- difference between transcription, registration and inscription

Cession de priorité

MODULE 1 (continued)

Renewal of Charges Special Bank privilege Right of set-off Responsibility and liability of

Banks. Realisation of security

Réalisation du cautionnement Réalisation du gage Crystallisation of the floating

charge into a fixed charge Realisation of the fixed charge How does the Insolvency Act

affect the rights of an inscribed creditor?

MODULE 2

Genesis of the financial services in Mauritius

Evolution of the financial services in Mauritius

Financial Services Commission Legal history of the non-banking

regulator The FSC Legal history of the FSC Functions of the FSC Powers of the FSC Duties of the FSC Regulation of Financial Services  What is the non-banking financial

services? Granting of licences by the FSC

MODULE 2 (continued)

Insurance The legal dimensions of insurance relationships Global Business: what is

Global Business The incidence of the Double

Taxation Agreements Duties of Enforcement of the

FSC Committee and the Review

Panel Complaints and investigations

MODULE 2 (continued)

The Securities Act 2005 Parts V-Prospectus Part VII Takeovers Securities (Takeover) Regulations Outline Collective Investment Schemes Market Abuse Stock Exchange The rules and regulations Listing Rules Market manipulation

Protected Cell Companies Trusts The set-up of the trust

MODULE 2 (continued)

Trust deed Settlor Trustee (Powers and Duties) Protector End of trust The local enactments, among

others, commonly resorted to in financial services

  How do they interrelate? The practical approach by

practitioners of financial services

Register now

For more information please visit

www.vti.ltd.mu The courses are offered in

house and an interesting package for a minimum of 12 trainees

The modules are run over a period of 12 hours for 2 days