Foundation vs Trust in Mauritius

Two structures, two approaches to wealth management. Discover the fundamental differences, respective advantages and selection criteria between the foundation (Foundations Act 2012) and the trust (Trusts Act 2001) for your specific situation.

2 Complementary structures available
2001 Trusts Act — trust framework
2012 Foundations Act — foundation framework
0% Inheritance tax (both)

Two complementary structures

Mauritius offers international investors and families a choice between two leading wealth management structures: the trust, governed by the Trusts Act 2001, and the foundation, governed by the Foundations Act 2012. These two structures pursue similar objectives — asset protection, estate planning, wealth structuring — but rest on fundamentally distinct legal foundations.

The choice between a foundation and a trust is a strategic decision that depends on your personal situation, your legal environment of origin, the nature and location of your assets, the residence of your beneficiaries and your specific wealth objectives. This page presents a comprehensive comparison to help you make an informed choice.

Fundamental differences

Legal nature

The most fundamental difference between the foundation and the trust lies in their legal nature. This distinction has profound implications for international recognition, governance and operational functioning.

The foundation: a legal person

The foundation is a distinct legal entity endowed with legal personality (Foundations Act 2012, section 4). It exists as a legal person separate from its founder, its council and its beneficiaries. It holds its assets in its own name, can enter into obligations, open bank accounts, sue and be sued, and sign contracts.

The trust: a fiduciary arrangement

The trust is a contractual arrangement (fiduciary) whereby the settlor transfers assets to a trustee who holds and manages them for the benefit of the beneficiaries (Trusts Act 2001). The trust exists in two main forms: the discretionary trust and the fixed-interest trust. The trust has no legal personality of its own; assets are held in the name of the trustee, who acts in a fiduciary capacity.

Legal origin

Aspect Foundation Trust
Legal tradition Civil law (continental) Common law (Anglo-Saxon)
Familiar jurisdictions France, Belgium, Switzerland, Luxembourg, Germany, Latin America, francophone Africa United Kingdom, United States, Australia, Singapore, Hong Kong, India, South Africa
Legal concept Legal person with governance bodies (corporate model) Fiduciary relationship (obligation of trust/confidence)
Understanding by banks Immediate in civil law jurisdictions Immediate in common law jurisdictions
Legislative reference in Mauritius Foundations Act 2012 Trusts Act 2001

Detailed comparison

Criterion Foundation (Foundations Act 2012) Trust (Trusts Act 2001)
Legal personality Yes — distinct entity from registration No — contractual arrangement
Asset ownership In its own name (the foundation is the owner) In the trustee's name (fiduciary ownership)
Governance Council — collegial body with minutes Trustee (individual or co-trustees)
Creator Founder Settlor
Main constitutive document Foundation Charter Trust Deed
Supplementary document Internal Rules — confidential Letter of Wishes
Public registration Yes (charter registered with the Registrar) Not publicly required
Regulatory supervisor Qualified secretary (FSC-licensed) Qualified trustee (FSC-licensed)
Legal capacity Can enter into contracts, sue and be sued, open accounts The trustee acts in the name and on behalf of the trust
Creator's rights post-constitution May retain certain powers (per the charter) The settlor divests themselves (strict separation)
Civil law recognition High (immediately familiar concept) Variable (foreign concept, sometimes met with mistrust)
Common law recognition Good (recognised concept but less traditional) Excellent (native concept)
Firewall provisions Not specific Yes — section 24A (enhanced protection)
Spendthrift clause Not applicable Yes — section 26 (beneficiary protection)

Governance compared

Foundation governance

The foundation is governed by a Council, a collegial body that operates on principles similar to those of a company's board of directors. This governance structure is familiar and reassuring to individuals accustomed to the workings of companies and legal persons.

Governance aspect Foundation (Council) Trust (Trustee)
Decision-making mode Collegial (vote, quorum, minutes) Individual or joint (co-trustees)
Documentation Meeting minutes mandatory Minutes optional but recommended
Oversight FSC secretary + internal rules Protector (optional) + letter of wishes
Formality High (defined formal procedures) Moderate (flexibility of the trust deed)
Specialised committees Possible (investment, distribution) Not traditional (a protector suffices)
Liability Collective liability of the council Personal liability of the trustee
Replacement Per the internal rules By the protector or the settlor

Asset protection compared

Both structures offer effective asset protection through the legal separation of assets from the creator's personal estate. However, the protection mechanisms differ significantly.

Protection via the foundation

The assets are owned by the foundation as a legal person. The founder's creditors cannot access the foundation's assets. The foundation can sue in court to defend its assets. Distinct legal personality reinforces the separation of wealth.

Protection via the trust

The assets are held by the trustee, separated from the settlor's estate. The discretionary trust offers enhanced protection (no vested rights). The firewall provisions (section 24A) block foreign judgments. The spendthrift clause (section 26) protects against beneficiaries' creditors.

Advantage of the discretionary trust: In terms of pure protection, the discretionary trust offers a significant advantage. Since beneficiaries have no vested rights — only a mere expectancy — there is nothing that creditors can identify, quantify or seize. In addition, the firewall provisions of section 24A prevent foreign jurisdictions from requalifying beneficiaries' rights under their own domestic law.

Estate planning compared

Both structures are effective estate planning tools, but with important nuances:

Estate planning criterion Foundation Trust
Continuity on death Yes — the council remains in office Yes — the trustee continues management
Probate Not required Not required
Distribution flexibility Per the charter and internal rules Maximum (discretionary trust)
Protection of vulnerable persons Good (per internal rules) Excellent (spendthrift clause + discretion)
Forced heirship No specific protection Firewall provisions (section 24A)
Understanding by heirs Immediate (civil law) Variable (depends on the jurisdiction)
Dynastic trust Possible (perpetual foundation) Possible (multi-generational trust)
Updating wishes Amendment of internal rules Letter of wishes (informal, flexible)

International recognition

International recognition is a crucial criterion in choosing between the two structures, as it determines the effectiveness of the structure in the jurisdictions where the assets are located and where the beneficiaries reside.

The trust internationally

The trust is fully recognised in all common law jurisdictions. Conversely, civil law jurisdictions may struggle to fully recognise it. The 1985 Hague Convention on the Law Applicable to Trusts and on their Recognition improved the situation, but it has only been ratified by a limited number of countries (Italy, Luxembourg, Switzerland, the Netherlands, among others).

In non-signatory civil law countries, the legal qualification of the trust can be problematic: is it a contract, a legal person, a segregated pool of assets? This uncertainty can complicate operations involving assets located in these jurisdictions (real estate registration, opening bank accounts, etc.).

The foundation internationally

The foundation enjoys more natural recognition in civil law jurisdictions, as it relies on the well-known concept of a legal person. Banks, land registries, tax authorities and business partners in these countries are more comfortable with an entity endowed with legal personality than with a fiduciary arrangement whose legal nature is uncertain under their system.

Jurisdiction Foundation recognition Trust recognition Recommendation
France Good (legal person concept) Difficult (no legal framework) Foundation preferred
Belgium Good Moderate (progressive recognition) Foundation preferred
Luxembourg Good Good (Hague Convention ratified) Both suitable
Switzerland Excellent (Stiftungen tradition) Good (Hague Convention ratified) Foundation slightly preferred
United Kingdom Good (recognised as a foreign entity) Excellent (native concept) Trust preferred
Singapore / Hong Kong Good Excellent Trust preferred
Francophone Africa Good (OHADA civil law) Weak (unfamiliar concept) Foundation strongly recommended
Dubai / UAE Good (DIFC Foundation) Good (DIFC Trust) Both suitable
Latin America Good (fundaciones tradition) Variable (limited fideicomiso) Foundation preferred

Tax aspects compared

On the tax side, both structures benefit from the competitive Mauritian tax regime. The tax differences between a foundation and a trust are minimal at the Mauritian level — they lie mainly in how they are perceived by foreign jurisdictions.

Tax aspect Foundation Trust
Foreign-source income (non-resident) Exemption 0% for non-resident trusts
Local income (resident) 15% 15%
Via GBC (Partial Exemption) ~3% effective (80% exemption) ~3% effective (80% exemption)
Inheritance tax 0% in Mauritius 0% in Mauritius
Gift tax 0% in Mauritius 0% in Mauritius
Capital gains 0% in Mauritius 0% in Mauritius
Tax treaties Access to the network (45 DTAs in force, MRA 2026) Access to the network (45 DTAs in force, MRA 2026)
FATCA/CRS Reporting obligations Reporting obligations
Perception in civil law jurisdictions Familiar (classic taxable entity) Sometimes complex (uncertain tax qualification)

Important tax point: The tax qualification of the trust in civil law jurisdictions can pose difficulties. In France, for example, the trust is subject to a specific and constraining tax regime (articles 792-0 bis and following of the CGI). The foundation, as a foreign legal person, benefits from a better established and more predictable tax framework in these jurisdictions. This factor can be decisive in choosing the structure.

Selection criteria

Choose the foundation if...

  • You come from a civil law jurisdiction (France, Belgium, Luxembourg, Switzerland)
  • Your assets are mainly located in civil law countries
  • Your beneficiaries reside in civil law countries
  • You want structured collegial governance
  • Legal personality is important for your operations
  • The founder wishes to retain certain rights post-constitution
  • Your banking and business partners are from civil law systems

Choose the trust if...

  • You come from a common law jurisdiction (UK, USA, Singapore)
  • Maximum asset protection is your priority (discretionary trust + firewall)
  • You are seeking maximum flexibility in distributions
  • Total confidentiality is essential (no public registration)
  • You want a less formal structure
  • Protection against forced heirship is crucial (section 24A)
  • You wish to use a flexible letter of wishes

Hybrid approach: the best of both worlds

In many cases, a hybrid approach combining a foundation and a trust is the optimal solution, particularly for complex international estates involving several jurisdictions and different types of assets.

Foundation as trustee

A Mauritian foundation is set up to serve as trustee of a trust. This approach combines the foundation's legal personality (facilitating banking and business operations) with the flexibility and firewall provisions of the trust. A structure particularly suited to multi-jurisdictional estates.

Trust holding a foundation

A discretionary trust holds interests in a foundation. The trust provides the maximum layer of protection (no vested rights, firewall, spendthrift). The foundation holds the operational assets and interacts with civil law partners who better understand this structure.

Parallel geographic structures

A foundation for assets located in civil law jurisdictions (real estate in France, interests in francophone Africa) and a trust for assets in common law jurisdictions (a portfolio in London, investments in Singapore). Each structure operates in its natural legal environment.

Philanthropic foundation + wealth trust

A foundation for philanthropic and charitable activities (a concept better understood and accepted in most jurisdictions) combined with a discretionary trust for the management and protection of private family wealth. Allows philanthropic and wealth objectives to be clearly separated.

Detailed cost comparison

Cost item Foundation Trust Difference
Document drafting Charter + internal rules (2 documents) Trust deed (1 document) Foundation slightly more costly
Registration Registration fees with the Registrar No public registration Foundation more costly
Annual administration FSC secretary + council fees Trustee fees Comparable
KYC/AML compliance Reporting obligations + KYC/AML Reporting obligations + KYC/AML Identical
Amendment Formal charter amendment procedure Deed of variation (more flexible) Foundation slightly more costly
Dissolution Formal striking-off procedure Revocation or final distribution Foundation slightly more costly
Estimated total cost (year 1) USD 5,000 – 15,000 USD 4,000 – 12,000 Moderate gap
Recurring annual cost USD 3,000 – 8,000 USD 2,500 – 7,000 Moderate gap

Recommendation: The cost differences between the two structures are moderate and should not be the determining criterion. The suitability of the structure to your objectives, your legal environment and the jurisdictions of your assets and beneficiaries is far more important than the cost gap.

Summary table: decision aid

Quick selection guide

Your situation Recommended structure
Francophone, assets in Africa/continental Europe Foundation
Common law, assets in UK/USA/Asia Trust
Maximum asset protection a priority Discretionary trust
Total confidentiality essential Trust
Founder wishes to retain powers Foundation
Structured collegial governance Foundation
Complex multi-jurisdictional estate Hybrid approach
Wealth + philanthropic objectives Hybrid approach
Vulnerable heirs to protect Discretionary trust
Forced heirship to work around Trust (section 24A firewall)

Our recommendation

There is no universal answer to the question "foundation or trust". The optimal choice depends on a combination of factors specific to your situation. Our team of experts analyses your overall situation and recommends the structure — or combination of structures — best suited to you:

  • Your legal environment of origin: civil law or common law
  • The location of your assets: civil law jurisdictions, common law jurisdictions, or both
  • The residence of your beneficiaries: tax and recognition implications
  • Your wealth objectives: protection, transmission, philanthropy, investment
  • Your governance preferences: collegial (foundation) or individual (trust)
  • Tax considerations: tax qualification in the jurisdictions concerned
  • The level of confidentiality desired: total (trust) or dual (foundation)

We support you in this strategic reflection, from the initial analysis through to the setting up and ongoing administration of the chosen structure.

Disclaimer: The information presented on this page is provided for guidance only and does not constitute legal or tax advice. The choice between a foundation and a trust involves complex legal and tax considerations that vary according to your personal situation, your country of residence and the location of your assets. The costs indicated are estimates and may vary depending on the complexity of the structure. We strongly recommend that you consult a qualified legal and tax advisor before making any decision. The laws and regulations mentioned (Trusts Act 2001, Foundations Act 2012) are subject to change.

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Frequently Asked Questions

What is the fundamental difference between a foundation and a trust?

The fundamental difference is legal personality. The foundation (Foundations Act 2012) is a distinct legal entity, endowed with its own legal personality, which holds its assets in its own name. The trust (Trusts Act 2001) is a contractual (fiduciary) arrangement in which assets are held by the trustee for the benefit of the beneficiaries. The trust has no legal personality of its own.

Which structure is best suited for civil law individuals?

The foundation is generally better suited for individuals from civil law jurisdictions (France, Belgium, Luxembourg, Switzerland, francophone Africa). The concept of a legal entity with governance bodies (a council) is immediately familiar to them, unlike the trust, a concept originating from common law. Civil law banking and business partners understand the foundation better.

Which structure offers the best asset protection?

Both structures offer effective asset protection through legal separation. The discretionary trust offers slightly superior protection: since beneficiaries have no vested rights, their creditors cannot seize anything. In addition, the firewall provisions of section 24A of the Trusts Act 2001 considerably strengthen the protection of the Mauritian trust.

Are both structures internationally recognised?

The trust is fully recognised in all common law jurisdictions (UK, USA, Singapore, Hong Kong). The foundation enjoys more natural recognition in civil law jurisdictions (France, Germany, francophone African countries, Latin America). The optimal choice depends on the jurisdictions in which the assets are located and where the beneficiaries reside.

What is the difference in governance?

The foundation is governed by a Council which operates collegially with minutes, quorum rules and voting rules. The trust is administered by a trustee who exercises their powers individually (with an optional protector). The foundation offers more structured and formal governance, closer to that of a company.

Can a foundation and a trust be combined?

Yes, the hybrid approach is common for complex estates. A foundation can serve as trustee of a trust, combining legal personality and fiduciary flexibility. A trust can hold interests in a foundation. Parallel structures can be used: a foundation for civil law assets, a trust for common law assets.

Which structure is more costly to set up and administer?

The foundation involves slightly higher initial costs (drafting the charter and internal rules, registration with the Registrar, appointment of an FSC secretary). Annual fees are comparable: the trust pays trustee fees, the foundation pays secretary and council fees. The cost differences are moderate and should not be the determining criterion.

What legislative framework governs each structure in Mauritius?

The trust is governed by the Trusts Act 2001, which includes unique firewall provisions (section 24A) and spendthrift clauses (section 26). The foundation is governed by the Foundations Act 2012, inspired by international best practice (Liechtenstein, Panama). Both laws were designed to be complementary.

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