The Financial Services Commission (“FSC”), the integrated regulator for non-banking financial services and global business sectors, which is highly supportive of Fintech-related initiatives, issued on 15 June 2020, pursuant to section 7(1)(a) of the Financial Services Act 2007, guidance notes on a common set of standards for Security Token Offerings and the licensing of Security Token Trading Systems.
Arvin Halkhoree is passionate about emerging technologies including blockchain and finTech, Technology, Media and Telecommunications (TMT), corporate and commercial law, aviation and project finance, as well as business strategy.
Arvin advises on technology solutions and is at the forefront of emerging technologies. Currently, he is particularly focusing on the use of blockchain technology and Securities Token Offerings (STOs). He has significant experience in applying the law to the issues raised by new technologies.
Besides advisory and transactional work, Arvin has considerable experience in contentious matters covering all forms of dispute resolution, and in particular litigation in the civil and commercial courts.
Arvin’s aviation practice involves advisory work in relation to sale and leaseback transactions, aircraft repossessions, aircraft structured finance and civil aviation regulatory matters.
Arvin’s clients include major banks, airlines, FMCG companies, IT service providers, various name brand and multinational companies, and startups.
Arvin is a registered trainer with the Mauritius Qualifications Authority and delivers regular trainings in areas like tax, finTech, and banking law, both in public workshops and tailored-made seminars for specific client needs. Arvin speaks regularly at conferences, both locally and internationally.
Experience has included advising:
- A startup on the legal and regulatory framework for digital assets custodian and securities token offerings
- On the setting up of a primary security token issuance platform in Mauritius with an investment dealer license to tokenize shares in Mauritian incorporated companies and to further provide for a blockchain based real-time security token exchange platform for the trade of those tokens in an innovative investment environment
- A US-based company focusing on the delivery of technology using a decentralized cloud network on the legal and regulatory framework applicable to its prepaid tokenized vouchers sold via a simple agreement for future tokens (SAFT) or a public utility token sale
- A Kenyan pioneer in the use of mobile technology for small-scale agriculture to improve the lives of rural communities through mobile innovation and artificial intelligence, in relation to matters of corporate and regulatory laws for its first round of seed investment
- Airbus on local data protection and privacy laws in relation to rolling out of www.iflya380.com to Mauritian customers
- IOX Cables on the legal and regulatory aspects of laying submarine cables connecting Mauritius and Rodrigues to India and Africa with particular focus on the construction of cable landing stations in Mauritius and Rodrigues and the application for an International Long Distance (ILD) license
- A Mauritian-based SPV on its shareholders agreement and share subscription agreement in connection with the development of a geothermal plant in Kenya of up to 140 MW anticipated geothermal resource potential
- An Irish aircraft lessor on the sale and finance leaseback of seven (7) Bombardier Dash 8 Series aircraft for sublease to a Kenyan aircraft operator involved in humanitarian air transportation in Africa, with particular emphasis on the security package which included a pledge over bank account
- Credit Agricole Corporate and Investment Bank in relation to renewal of aircraft mortgages, discharge of aircraft mortgages and deregistration of aircrafts from the aircraft register
- Consortium Suzlon-Padgreen on the financing, construction and operation of a 29.4 MW wind farm together with a site pooling station and transmission lines in Mauritius
- Renewable Energy Performance Platform on a financing through convertible promissory notes to Virunga Power Holdings Limited, a Mauritius incorporated company which is in the business of developing and operating renewable energy generation and local distribution assets in the region of East Africa
- Barrister-at-Law admitted to the Bar of Mauritius (2008)
- University of Mauritius, (distinction) with specialization in Financial Services, (2014)
- University of London, Queen Mary, LLM with Specialisation in Computer and Communications Law (2005)
- Council of Legal Education, Vocational Course for Barristers (2005)
- University of Mauritius, LLB with First Class Honours (2004)
- Ranked 1st at the Council of Legal Education, Vocational Exams for Barristers (2005)
- Commonwealth Scholar in the UK (2005-2006)
- 2010 to 2014, Managing Director, an offshore management company / corporate service provider
- 2008 to 2010, private practice
- Mauritius Bar Association
- Commonwealth Scholarship Commission (UK) Alumni
The COVID-19 (MISCELLANEOUS PROVISIONS) Act amends some 56 legislations which the COVID-19 pandemic context rendered necessary to mitigate its negative impact on the Mauritian economy and on the lives of Mauritians in general.
Human nature is such that we operate on the premise that our counterparty cannot be trusted.
In 2017, the Companies Act was amended to provide that the share register of companies should disclose the names and last known addresses of the beneficial owners/ultimate beneficial owners where shares are held by a nominee.
Nabridas ltd v Coombes  SCJ 142, a recent judgment of the judge in chambers of the commercial division of the Supreme Court, sheds light on the enforceability of a restrictive covenant clause in a contract of employment.