ENSafrica’s private clients team understands that clients are people whose businesses and personal lives are intricately interwoven. The team advises high net worth clients and their families on tax, exchange control, succession planning and corporate commercial law issues in order to achieve the optimal investment structure. The team also implements all relevant arrangements.
Further, many of the firm’s high net worth clients have interests in Mauritius. This may be by virtue of their investment structures, location of their assets or their residence in that jurisdiction.
ENSafrica has a unique combination of highly skilled tax and commercial lawyers based in Mauritius, together with a fiduciary service offering, which takes care of all clients’ requirements. This includes advising on structuring, implementing such advice, as well as dealing with all aspects of the ongoing administration of such arrangements from Mauritius.
The firm’s high net worth clients typically have investments in various jurisdictions held through a variety of vehicles (for example, in their own name, through trusts, foundations or companies). Clients require experienced and innovative tax lawyers to provide proactive and practical advice in respect of their investment structures.
The private clients tax team consists of some of the most experienced and highly rated tax lawyers, who will provide all necessary advice.
The team’s tax lawyers work seamlessly with the firm’s corporate commercial and estate lawyers in implementing the proposed advice, drafting all relevant contracts, setting up the necessary vehicles in the relevant jurisdictions and ensuring that the planning advice is properly implemented.
ENSafrica advises high net worth clients on estate/succession planning. The team also drafts and amends wills and trust deeds, and ensures that the provisions included in such wills relate to clients’ relevant investment structures/assets.
In South Africa, ENSafrica’s high net worth clients, whether non-residents or residents, have to deal with South Africa’s exchange control rules.
All investments in and out of South Africa have exchange control consequences. ENSafrica obtains all necessary approvals/consents from the Financial Surveillance Division of the South African Reserve Bank and also liaises with the relevant commercial banks (authorised dealers) to ensure that the relevant approvals are processed.
ENSafrica’s private clients team develops and implements structures that optimise clients’ ability to move capital and income across borders and, in particular, to invest in non-South African assets.
The team also assists in navigating any other exchange controls and regulation of capital flows into and from other African jurisdictions.
Whether clients are emigrating from or immigrating to an African jurisdiction, they require tax and exchange control advice.
The firm’s private clients team obtains all relevant approvals from the relevant authorities, such as the Financial Surveillance Division of the South African Reserve Bank in relation to clients who are emigrating from South Africa.
The team also sets up appropriate structures both pre- and post-emigration from a local and a foreign tax law perspective.
The team then obtains all relevant residence permits, including temporary/permanent residence applications, from the relevant government department.
charities and public benefit organisations
ENSafrica’s private clients team advises on charitable bequests and succession planning, as well as on registration of public benefit organisations.