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Compliance Services Licence Requirements
The Financial Services Commission (FSC) of Mauritius has introduced new licence requirements for Compliance Service Providers, aimed at ensuring the integrity and stability of the financial services sector.
Key Responsibilities
Compliance Service Providers licensed by the FSC will be required to:
- Prepare an annual compliance program
- Assist with implementing adequate policies and procedures to identify breaches and minimize them
- Ensure activities are in line with applicable laws and rules
- Establish a reporting procedure for any breach
- Monitor returns provided to the FSC to ensure accuracy
Eligibility Criteria
To be eligible for a Compliance Services licence, applicants must:
- Be physically resident in Mauritius
- Employ staff with the appropriate competence, experience, and proficiency to carry out compliance services
- Have adequate resources (financial, human, technology, and office) to execute duties relative to size, complexity, business activities, and risk profile
License Fees
The application fee for a Compliance Services licence is USD 1,000, with an annual fee of USD 5,000.
Professional Indemnity Insurance Cover
Licensees must maintain professional indemnity insurance cover commensurate with the nature, scale, and complexity of their activities.
Service Agreement
Service agreements between Compliance Service Providers and licensees must include clauses such as:
- Right to records and working papers
- Reporting to the Board of Directors
- Records retention
- Dispute resolution and termination clauses
Additional Requirements
Applicants will also be required to comply with additional requirements, including:
- Having at least two directors resident in Mauritius
- Maintaining a principal bank account in Mauritius
- Implementing adequate internal controls, risk management, and governance policies and procedures.
Ongoing Obligations
Licensed Compliance Service Providers must maintain a register of clients and ensure that client information is kept secure, readily accessible, and compliant with regulatory and confidentiality laws. A service level agreement must also be signed with each client defining the duties to be conducted by the Company.
The FSC’s new licence requirements are designed to promote transparency, accountability, and compliance in the financial services sector. Compliance Service Providers that meet these requirements will demonstrate their commitment to maintaining high standards of professionalism and integrity.