Mauritius FSC – Proposed Amendments to Securities Act

    5 min read
    By Tuendi Ltd
    Mauritius FSC – Proposed Amendments to Securities Act

    The Mauritius Financial Services Commission (FSC) has proposed several legislative changes for public consultation, designed to enhance investor protection and ensure regulatory transparency.

    Scope of Amendments

    Securities Act
    Financial Services Act
    Central Depository, Clearing and Settlement Act
    Various specific rules (licensing, takeovers, disclosure)

    Key Proposed Changes

    1

    Target Market Assessment

    Regulated entities must assess and define the "target market" for their financial products, ensuring products are marketed only to appropriate investor types.

    2

    Marketing and Solicitation Rules

    New, more stringent rules will govern how investment products and services are marketed, including specific requirements for client solicitation practices.

    3

    Product Due Diligence

    Firms will be subject to robust due diligence processes for financial products they deal in, including evaluation of risks, features, and suitability.

    4

    Prospectus Requirements

    The proposed amendments tighten obligations related to prospectuses, including disclosure requirements and information standards.

    Related Rule Amendments

    Securities (Amendment) Act 2023
    Financial Services (Amendment) Act 2023
    Central Depository (Amendment) Act 2023
    Consumer Duty Rules
    Record Keeping Rules
    Takeover Rules
    Licensing Rules
    Disclosure Obligations

    Consultation Timeline

    Stakeholders were asked to submit feedback by 9 February 2024. The changes are driven by the FSC's goal to "enhance investor protection and maintain a transparent rule-making process."

    Implications for Licensed Entities

    Mauritius-licensed investment dealers and securities firms should:

    Review current marketing and solicitation practices
    Assess product due diligence procedures
    Update prospectus documentation as required
    Implement target market assessment frameworks

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