CHAPTER 46 / 55 · Paid
Qualified trustee, enforcer and successor enforcer.
Follow the qualified trustee, the enforcer and the successor as three shops. A management company is a different qualified-trustee route.
Approx. 16 min with exercisesLaw cut-off: 20 September 2026Our approach
By the end of this chapter
- Describe the shop in one paragraph from the first file on the desk.
- Decide the promoter’s next asks: which stay on this letter, which need another paper.
- Keep neighbouring permissions off this desk.
- Cite the enabling section and treat the licence letter as the book.
How this family is grouped
Follow the qualified trustee, the enforcer and the successor as three shops. A management company is a different qualified-trustee route. Each code below is its own shop: a first file, a week, the asks that need a different paper, then the letter. A quieter label is not a thinner file.
TAC-1.1 Qualified Trustee (other than a Management Company) - Authorisation
FSC · TAC-1.1 · Authorisation
1. Counsel Trustee Ltd’s shop
Counsel Trustee Ltd is the desk this chapter is for. Authorisation as a qualified trustee other than a management company.
The first file on the desk is this. Counsel Trustee Ltd, not an MC, will be the qualified trustee of family trusts. TAC-1.1.
Three facts have to stay true of that book. First, the letter is the activity specified. This is a authorisation under Trusts Act 2001, Section 2 (qualified trustee). A company name is not a permission.
Second, neighbouring papers stay off this desk. Not FS-3.1A/B, not the enforcer, and not the trust itself.
Third, the assumptions stay in the file. Fictional company. Cut-off 20 September 2026.
Trusts Act 2001, Section 2 (qualified trustee). See the register note · Open the published text ↗.
2. A week with A law-firm subsidiary as qualified trustee
Monday. The promoter walks in with “A law-firm subsidiary as qualified trustee.” Write the facts before anyone names a code: Counsel Trustee Ltd, not an MC, will be the qualified trustee of family trusts.
Tuesday. The team writes the activity in the words of the licence letter, not the brass plate. Authorisation as a qualified trustee other than a management company.
Wednesday. They record what this permission is used for. TAC-1.1.
Thursday. They write what the letter does not cover. Not a management licence. Not TAC-1.2.
Friday. They lock the assumptions. Fictional company. Cut-off 20 September 2026. The file is ready for the application, not for a slogan on a slide.
The other files on this desk should look like that first one: a named person, a specified activity, and a letter that matches the work. That is what TAC-1.1 is used for. The Act matters when Counsel Trustee Ltd applies, when the Commission writes conditions onto the letter, and when the same promoter telephones with a different idea.
3. What the same promoter asks next
The facts are fictional. The method is the course: keep the shop you have just watched, and ask which desk is now doing the work.
This licence
A law-firm subsidiary as qualified trustee
Counsel Trustee Ltd, not an MC, will be the qualified trustee of family trusts.
Why it fits. TAC-1.1.
Different paper
The same promoter asks for FS-3.1A/B
The slide says the TAC-1.1 letter already covers it because the same company, the same officers or the same client are on the file.
Why it does not. Keep the neighbouring paper off this desk. Not a management licence. Not TAC-1.2.
Different paper
The same promoter asks for the enforcer
The slide says the TAC-1.1 letter already covers it because the same company, the same officers or the same client are on the file.
Why it does not. Keep the neighbouring paper off this desk. Not a management licence. Not TAC-1.2.
| The promoter asks Counsel Trustee Ltd to… | This licence? | Why |
|---|---|---|
| A law-firm subsidiary as qualified trustee | Yes | TAC-1.1. |
| The same promoter asks for FS-3.1A/B | No | Keep the neighbouring paper off this desk. Not a management licence. Not TAC-1.2. |
| The same promoter asks for the enforcer | No | Keep the neighbouring paper off this desk. Not a management licence. Not TAC-1.2. |
4. Papers that sit beside this one
Not FS-3.1A/B, not the enforcer, and not the trust itself. Name the other desk when the work changes: FS-3.1A/B; the enforcer; the trust itself.
- FS-3.1A/B
- the enforcer
- the trust itself
Neighbouring codes have their own chapters. Do not import their books into this letter.
5. The letter and the file
A Mauritius-resident person authorised by the Commission as a qualified trustee who is not an MC. Published licensing criteria on the FSC codified list (consolidation as at 1 July 2026) are guidance. Fees as at 1 July 2026: Processing Rs 9,000. Status at cut-off: Published Trusts Act authorisation as at 1 July 2026.
Who may hold it. A Mauritius-resident person authorised by the Commission as a qualified trustee who is not an MC.
Published criteria. Published licensing criteria on the FSC codified list (consolidation as at 1 July 2026) are guidance. They neither derogate from nor restrict the Commission’s statutory powers, and they must be read with the relevant Act, rules, codes and circulars. Dedicated form and criteria. Trusts Act sections 2 and 28 are the overlay.
Rules, codes and circulars. Act 3 of 2026 trustee-register duties attach to trustees, including qualified trustees. CL20260107 is the general FSC fee circular.
6. How to cite TAC-1.1
| Coordinate | As at 20 September 2026 |
|---|---|
| Directory code | TAC-1.1 Qualified Trustee (other than a Management Company) - Authorisation |
| Legal nature | Authorisation |
| Enabling law | Trusts Act 2001 · Section 2 (qualified trustee) |
| Fees as at 1 July 2026 | Processing Rs 9,000. No annual fee is printed on the 1 July 2026 Trusts Act table. |
| Status at cut-off | Published Trusts Act authorisation as at 1 July 2026. |
The structured library card keeps the same coordinates for search. Open TAC-1.1 in the reference library.
FSC codified list of licences, authorisations, approvals, recognitions and registrations ↗Register noteFSC licensing and fees amendment rules 2026 ↗Register noteFSC Circular Letter CL20260107 — review of fees and renewal of licences ↗Register noteFSC rules and regulations directory ↗Register noteTrusts Act 2001 — Laws of Mauritius (Version 3) ↗Register noteAnti-Money Laundering, Combatting the Financing of Terrorism and Countering Proliferation Financing (Miscellaneous Provisions) Act 2026 — Trusts Act overlays ↗Register note
TAC-1.2 Enforcer (purpose trust created by a Mauritian national only)
FSC · TAC-1.2 · Authorisation
1. A Mauritian settlor’s purpose trust’s shop
A Mauritian settlor’s purpose trust is the desk this chapter is for. Authorisation of the enforcer of a purpose trust created by a Mauritian national.
The first file on the desk is this. A Mauritian national creates a non-charitable purpose trust and names an independent enforcer. TAC-1.2 approval under sections 19 and 21.
Three facts have to stay true of that book. First, the letter is the activity specified. This is a authorisation under Trusts Act 2001, Sections 19 and 21. A company name is not a permission.
Second, neighbouring papers stay off this desk. Not the qualified trustee, not the successor enforcer (TAC-1.3), and not a protector.
Third, the assumptions stay in the file. Fictional settlor. Cut-off 20 September 2026.
Trusts Act 2001, Sections 19 and 21. See the register note · Open the published text ↗.
2. A week with A Mauritian settlor’s purpose trust
Monday. The promoter walks in with “A Mauritian settlor’s purpose trust.” Write the facts before anyone names a code: A Mauritian national creates a non-charitable purpose trust and names an independent enforcer.
Tuesday. The team writes the activity in the words of the licence letter, not the brass plate. Authorisation of the enforcer of a purpose trust created by a Mauritian national.
Wednesday. They record what this permission is used for. TAC-1.2 approval under sections 19 and 21.
Thursday. They write what the letter does not cover. The enforcer cannot be the trustee. Mauritius immovable property still cannot vest in a non-charitable purpose trust (section 19(3)).
Friday. They lock the assumptions. Fictional settlor. Cut-off 20 September 2026. The file is ready for the application, not for a slogan on a slide.
The other files on this desk should look like that first one: a named person, a specified activity, and a letter that matches the work. That is what TAC-1.2 is used for. The Act matters when A Mauritian settlor’s purpose trust applies, when the Commission writes conditions onto the letter, and when the same promoter telephones with a different idea.
3. What the same promoter asks next
The facts are fictional. The method is the course: keep the shop you have just watched, and ask which desk is now doing the work.
This licence
A Mauritian settlor’s purpose trust
A Mauritian national creates a non-charitable purpose trust and names an independent enforcer.
Why it fits. TAC-1.2 approval under sections 19 and 21.
Different paper
The same promoter asks for the qualified trustee
The slide says the TAC-1.2 letter already covers it because the same company, the same officers or the same client are on the file.
Why it does not. Keep the neighbouring paper off this desk. The enforcer cannot be the trustee. Mauritius immovable property still cannot vest in a non-charitable purpose trust (section 19(3)).
Different paper
The same promoter asks for the successor enforcer (TAC-1.3)
The slide says the TAC-1.2 letter already covers it because the same company, the same officers or the same client are on the file.
Why it does not. Keep the neighbouring paper off this desk. The enforcer cannot be the trustee. Mauritius immovable property still cannot vest in a non-charitable purpose trust (section 19(3)).
| The promoter asks A Mauritian settlor’s purpose trust to… | This licence? | Why |
|---|---|---|
| A Mauritian settlor’s purpose trust | Yes | TAC-1.2 approval under sections 19 and 21. |
| The same promoter asks for the qualified trustee | No | Keep the neighbouring paper off this desk. The enforcer cannot be the trustee. Mauritius immovable property still cannot vest in a non-charitable purpose trust (section 19(3)). |
| The same promoter asks for the successor enforcer (TAC-1.3) | No | Keep the neighbouring paper off this desk. The enforcer cannot be the trustee. Mauritius immovable property still cannot vest in a non-charitable purpose trust (section 19(3)). |
4. Papers that sit beside this one
Not the qualified trustee, not the successor enforcer (TAC-1.3), and not a protector. Name the other desk when the work changes: the qualified trustee; the successor enforcer (TAC-1.3); a protector.
- the qualified trustee
- the successor enforcer (TAC-1.3)
- a protector
Neighbouring codes have their own chapters. Do not import their books into this letter.
5. The letter and the file
The enforcer appointed under the purpose-trust terms, where the settlor is a Mauritian national so that Commission approval is required. Published licensing criteria on the FSC codified list (consolidation as at 1 July 2026) are guidance. Fees as at 1 July 2026: No processing or annual fee is printed on the 1 July 2026 row. Status at cut-off: Published Trusts Act authorisation as at 1 July 2026.
Who may hold it. The enforcer appointed under the purpose-trust terms, where the settlor is a Mauritian national so that Commission approval is required.
Published criteria. Published licensing criteria on the FSC codified list (consolidation as at 1 July 2026) are guidance. They neither derogate from nor restrict the Commission’s statutory powers, and they must be read with the relevant Act, rules, codes and circulars. Form on the directory. No fee line is not a statement that approval is optional.
Rules, codes and circulars. Trusts Act sections 19 and 21 control. A circular cannot authorise the enforcer to be sole trustee.
6. How to cite TAC-1.2
| Coordinate | As at 20 September 2026 |
|---|---|
| Directory code | TAC-1.2 Enforcer (purpose trust created by a Mauritian national only) |
| Legal nature | Authorisation |
| Enabling law | Trusts Act 2001 · Sections 19 and 21 |
| Fees as at 1 July 2026 | No processing or annual fee is printed on the 1 July 2026 row. |
| Status at cut-off | Published Trusts Act authorisation as at 1 July 2026. |
The structured library card keeps the same coordinates for search. Open TAC-1.2 in the reference library.
FSC codified list of licences, authorisations, approvals, recognitions and registrations ↗Register noteFSC licensing and fees amendment rules 2026 ↗Register noteFSC Circular Letter CL20260107 — review of fees and renewal of licences ↗Register noteFSC rules and regulations directory ↗Register noteTrusts Act 2001 — Laws of Mauritius (Version 3) ↗Register note
TAC-1.3 Successor to Enforcer (purpose trust created by a Mauritian national only)
FSC · TAC-1.3 · Authorisation
1. Naming a successor enforcer’s shop
Naming a successor enforcer is the desk this chapter is for. Authorisation of the designated successor enforcer of a purpose trust created by a Mauritian national.
The first file on the desk is this. The same Mauritian settlor names a sister as successor enforcer. TAC-1.3.
Three facts have to stay true of that book. First, the letter is the activity specified. This is a authorisation under Trusts Act 2001, Section 19. A company name is not a permission.
Second, neighbouring papers stay off this desk. Not the sitting enforcer (TAC-1.2) and not a qualified trustee.
Third, the assumptions stay in the file. Fictional successor. Cut-off 20 September 2026.
Trusts Act 2001, Section 19. See the register note · Open the published text ↗.
2. A week with Naming a successor enforcer
Monday. The promoter walks in with “Naming a successor enforcer.” Write the facts before anyone names a code: The same Mauritian settlor names a sister as successor enforcer.
Tuesday. The team writes the activity in the words of the licence letter, not the brass plate. Authorisation of the designated successor enforcer of a purpose trust created by a Mauritian national.
Wednesday. They record what this permission is used for. TAC-1.3.
Thursday. They write what the letter does not cover. Successor approval is not TAC-1.1 trusteeship.
Friday. They lock the assumptions. Fictional successor. Cut-off 20 September 2026. The file is ready for the application, not for a slogan on a slide.
The other files on this desk should look like that first one: a named person, a specified activity, and a letter that matches the work. That is what TAC-1.3 is used for. The Act matters when Naming a successor enforcer applies, when the Commission writes conditions onto the letter, and when the same promoter telephones with a different idea.
3. What the same promoter asks next
The facts are fictional. The method is the course: keep the shop you have just watched, and ask which desk is now doing the work.
This licence
Naming a successor enforcer
The same Mauritian settlor names a sister as successor enforcer.
Why it fits. TAC-1.3.
Different paper
The same promoter asks for the sitting enforcer (TAC-1.2)
The slide says the TAC-1.3 letter already covers it because the same company, the same officers or the same client are on the file.
Why it does not. Keep the neighbouring paper off this desk. Successor approval is not TAC-1.1 trusteeship.
Different paper
The same promoter asks for qualified trustee
The slide says the TAC-1.3 letter already covers it because the same company, the same officers or the same client are on the file.
Why it does not. Keep the neighbouring paper off this desk. Successor approval is not TAC-1.1 trusteeship.
| The promoter asks Naming a successor enforcer to… | This licence? | Why |
|---|---|---|
| Naming a successor enforcer | Yes | TAC-1.3. |
| The same promoter asks for the sitting enforcer (TAC-1.2) | No | Keep the neighbouring paper off this desk. Successor approval is not TAC-1.1 trusteeship. |
| The same promoter asks for qualified trustee | No | Keep the neighbouring paper off this desk. Successor approval is not TAC-1.1 trusteeship. |
4. Papers that sit beside this one
Not the sitting enforcer (TAC-1.2) and not a qualified trustee. Name the other desk when the work changes: the sitting enforcer (TAC-1.2); a qualified trustee.
- the sitting enforcer (TAC-1.2)
- a qualified trustee
Neighbouring codes have their own chapters. Do not import their books into this letter.
5. The letter and the file
The successor named in the terms, approved by the Commission where section 19 requires it. Published licensing criteria on the FSC codified list (consolidation as at 1 July 2026) are guidance. Fees as at 1 July 2026: No processing or annual fee is printed on the 1 July 2026 row. Status at cut-off: Published Trusts Act authorisation as at 1 July 2026.
Who may hold it. The successor named in the terms, approved by the Commission where section 19 requires it.
Published criteria. Published licensing criteria on the FSC codified list (consolidation as at 1 July 2026) are guidance. They neither derogate from nor restrict the Commission’s statutory powers, and they must be read with the relevant Act, rules, codes and circulars. Form on the directory. Successor status is not automatic on the enforcer’s death without the statutory mechanics.
Rules, codes and circulars. Section 19 is the locator. CL20260107 does not create a tariff where none is printed.
6. How to cite TAC-1.3
| Coordinate | As at 20 September 2026 |
|---|---|
| Directory code | TAC-1.3 Successor to Enforcer (purpose trust created by a Mauritian national only) |
| Legal nature | Authorisation |
| Enabling law | Trusts Act 2001 · Section 19 |
| Fees as at 1 July 2026 | No processing or annual fee is printed on the 1 July 2026 row. |
| Status at cut-off | Published Trusts Act authorisation as at 1 July 2026. |
The structured library card keeps the same coordinates for search. Open TAC-1.3 in the reference library.
FSC codified list of licences, authorisations, approvals, recognitions and registrations ↗Register noteFSC licensing and fees amendment rules 2026 ↗Register noteFSC Circular Letter CL20260107 — review of fees and renewal of licences ↗Register noteFSC rules and regulations directory ↗Register noteTrusts Act 2001 — Laws of Mauritius (Version 3) ↗Register note
PAUSE & REFLECT
Check your understanding.
Three questions to make the ideas stick. Your score is saved on this browser; this is a learning exercise, not a qualification.
Follow the sources.
Each title opens the published text. The register note records the edition used for this course.
- FSC codified list of licences, authorisations, approvals, recognitions and registrations ↗ All published category codes, fees, forms and licensing-criteria columns; consolidation as at 1 July 2026 · Register note
- Financial Services Act 2007 ↗ Sections 2, 14, 14A, 16–18, 25, 33, 71A, 72, 77, 77A, 77B, 77C, 78, 79A; Second Schedule Parts I–III; Fifth Schedule · Register note
- FSC licensing and fees amendment rules 2026 ↗ Rule 3 and replacement First Schedule; rule 4 commencement · Register note
- FSC Circular Letter CL20260107 — review of fees and renewal of licences ↗ 1 July 2026 fee review; annual-fee due date 30 September 2026; FSCOne alternative arrangements · Register note
- FSC rules and regulations directory ↗ Consolidated licensing and fees rules; sector-specific rules including Securities (Licensing) Rules and Family Office Rules · Register note
- Trusts Act 2001 — Laws of Mauritius (Version 3) ↗ Act 14 of 2001; Parts I–XII; sections 2–13, 14–22, 23–36, 37–41, 53–61 · Register note
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