SEYCHELLES Law and Practice Contributed by: Valery Freminot, Salina Sinon, Ruby Simeon and Hazel Naiken, Rivard Nariman
RIVARD NARIMAN Suite 109 Premier Building Albert Street Victoria Mahe Seychelles
Tel: +248 432 1071 Fax: +248 324 100
Email: info@rivardnariman.sc Web: www.rivardnariman.sc
1. Legal System 1.1 Legal System and Judicial Order Seychelles is a mixed legal system, having been successively a French and a British colony. As a result, its substantive civil law is governed by a Civil Code based on the French Napoleonic Code, which forms the basis of its law of obliga - tion, law of property and law of succession. Court processes are mostly based on English procedures. More modern laws such as com - pany and insolvency laws are inspired from Brit - ish models. The court system has the court of appeal as the apex and final court. Despite its nomenclature, the Supreme Court of Seychelles is subordinate to the court of appeal. It is the court of original jurisdiction in constitutional, civil commercial and criminal matters. It also hears appeals from lower courts and tribunals. Below these are the magistrates courts, which hear smaller civil claims and less serious criminal cases. The legal profession is fused and lawyers in the country are admitted as attorneys-at-law with full rights of audience before all of the courts
and tribunals. There is also a notarial profession. Notaries are primarily involved in drafting and authenticating documents. Most attorneys-at- law are also notaries. The law has also created a number of legal practitioners with limited rights of practice. 2. Restrictions on Foreign Investments 2.1 Approval of Foreign Investments The Seychelles Investment (Economic Activities) Regulations 2022 provides for a wide range of economic activities in which those who are not native to Seychelles may invest. However, there are certain economic activities that are reserved for those of Seychellois nationality only, and such activities are set out in the Reserved Economic Activity Policy. Additionally, there are categories of economic activities in which a non-native can only invest jointly with a Seychellois, and these are set out in the Second Schedule of the Sey - chelles Investment (Economic Activities) Regula - tions 2022. Apart from these restrictions, a non- native may – subject to the economic needs test – invest in any other economic activities.
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