Insolvency law in Mauritius is principally regulated by
the Insolvency Act 2009, and it is supplemented by some provisions
of the Companies Act 2001, certain regulations made under the 2009
Act and case law.
1. Under Mauritian law, a company may be wound up on the basis
of insolvency if it is unable to pay its debts. A company is
presumed to be unable to pay its debts where it has failed to
comply with a statutory demand, execution issued against the
company in respect of a judgment debt has been returned
unsatisfied, a person entitled to a charge over all or
substantially all the company's property has appointed a
receiver or a compromise between a company and its creditors has
been put to a vote but has not been approved. The Court may also
make a winding up order where it is just and equitable to do so.
The members of a company may also voluntarily put the company in
liquidation by passing a special resolution to that effect.
