Starting a business in Mauritius: Here’s how to choose your company name

The rules for choosing your company’s name in Mauritius

Choosing a name for your business is always an exciting step. It is your chance to express an identity, a vision, and your positioning. But bear in mind that in Mauritius, there are strict rules around business names. Ignorance of these rules could result in your application being flatly rejected by the Registrar of Companies.

Before launching your website, printing business cards, or submitting your company documents, make sure your chosen name complies with the Companies Act 2001. Here’s everything you need to know, with insight from C&S Secretarial Services Ltd.

1. What the law says: Section 39 of the Companies Act 2001

Section 39 of the Companies Act 2001 outlines clear criteria that every company name in Mauritius must meet. There are three main requirements:

• The name must not be identical or too similar to that of an existing business;
• It must not mislead the public. For instance, it should not imply a link with the government or any public or official body;
• It must not include certain restricted words such as Bank, Authority, Trust, Government, or Insurance, unless you’ve received express permission from the relevant authorities.

These rules exist to protect the public, prevent fraud, and ensure clarity in the business environment.

2.Why are similar or identical names prohibited?

This rule might seem obvious, but it’s often overlooked. Your business name should not cause confusion with another registered entity. The aim is to:

• Protect existing businesses from impersonation or brand dilution;
• Prevent confusion for clients, suppliers, or partners about a company’s identity;
• Avoid legal disputes related to unfair competition or trademark infringement.

For instance, if GlobalTech Ltd is already registered, a name like GlobalTech Solutions Ltd could be rejected for being too similar.

3. Misleading names or names implying Government affiliation

Some entrepreneurs, in an attempt to give their business more weight or legitimacy, try to include terms such as National, Authority, Government, or even Ministry. These names are tightly regulated because they can mislead the public.

Even without malicious intent, using such terms may give the impression of an official or institutional link which undermines transparency and public trust. Any attempt to use these terms without proper authorisation will be automatically refused.

4. What are restricted terms and why do they require approval?

Certain words are considered sensitive because they relate to regulated activities. Examples include: Bank, Insurance, Trust, Authority, University, Chamber, and Co-operative.

These words are typically reserved for entities supervised by regulatory bodies (such as the Bank of Mauritius or the Financial Services Commission). If you wish to include one of these terms in your company name, you’ll need official approval or must prove your business is authorised to operate in that field.

5. Name reservation: a commonly overlooked step

The Registrar of Companies allows you to reserve a company name online before formally registering the business. This reservation is valid for two months. If the business is not incorporated within that time, the name becomes available to others. Reserving your name in advance helps to:

• Protect your business idea while you’re preparing documents;
• Avoid disappointment at the point of registration;
• Speed up the incorporation process by securing this key part of your identity early.

It’s wise to check name availability on the Registrar’s online database before making a reservation.

6. What should you keep in mind when choosing a company name in Mauritius?

Before getting attached to a name you love, take time to do the following checks:

• Registrar of Companies website: to check if the name is available;
• Trademark register: via the Mauritius Industrial Property Office (IPO), to avoid infringing on existing trademarks;
• Domain names: ensure the website domain is available if you plan to go online;
• Social media: check the availability of handles to maintain brand consistency across platforms.

Taking these steps early on can save you time, money, and potential legal trouble.

7. What happens if your chosen name does not comply?

If the name you submit during the incorporation process isn’t compliant, the Registrar will reject your application, and you’ll need to choose another name.

In cases where a problematic name is approved by mistake, the Registrar can later demand it be changed, sometimes with financial penalties. This could mean amending your company documents, paying extra admin fees, and possibly losing traction with your customers or partners.

8. Can I change my company’s name later?

Yes, it’s possible to change your business name after registration, as long as you follow the correct procedure:

• Get approval via a special resolution passed by shareholders;
• File the revised documents with the Registrar;
• Comply with the same naming rules as when setting up the business.

Again, it’s a good idea to reserve the new name in advance.

9. In summary

Starting a business in Mauritius involves more than just filling in forms. While naming your company is a creative process, it also requires legal due diligence. To avoid common pitfalls:

• Always check name availability with the Registrar;
• Steer clear of restricted terms unless you have authorisation;
• Reserve your name early to lock it in;
• Seek professional support if needed to save time and avoid rejections.

If you’ve got a name in mind but aren’t sure whether it meets the requirements, reach out to C&S Secretarial Services Ltd for expert help with checking, reserving, and registering your company name in full compliance with the Registrar’s regulations.