Monthly Legal News (Januar 2026)

99 AVOCATS ASSOCIÉS is pleased to offer you a retrospective (selection) of legal news from the Principality of Monaco in January 2026 (texts published in the Journal de Monaco, legislative work, other publications) and events concerning its team.

In addition this month: our annual legal overview reviewing developments in Monegasque law during 2025.

OVERVIEW OF MONEGASQUE LAW IN 2025

Our traditional legislative, regulatory and international overviews provide an overview of the main legal developments that took place last year in the Principality of Monaco, structured by area of law.

2025 Legislative Overview of the Principality of Monaco

2025 Regulatory and International Overview of the Principality of Monaco

EVENTS

◾Sarah FILIPPI joins the Global Law Experts network

Sarah FILIPPI, Defence Attorney, has been invited to join the Global Law Experts network as an expert in family law and private international law issues.

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◾International Data Privacy Day 2026

On the occasion of the 20th International Data Protection Day on 28 January, 99 AVOCATS ASSOCIÉS discussed the process leading to the European Commission's adequacy decision, the aim of which for the Principality of Monaco is to facilitate the transfer of personal data from European Union Member States.

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TEXTS PUBLISHED IN THE JOURNAL DE MONACO

FINANCE

◾Revision of the legal interest rate

Sovereign Order No. 11.731 of 21 January 2026 (JDM No. 8784 of 30 January 2026) sets the legal interest rate (used to calculate interest on sums of money payable in the event of late payment) in all matters at 2.8% per annum with effect from 1 February 2026 (down from 3% since 1 August 2025, 4% between that date and 1 March 2025, and 5% between that date and 1 February 2024).

SOCIAL

◾Termination by mutual agreement ("rupture conventionnelle") of a permanent employment contract (CDI)

Ministerial Order No. 2025-715 of 24 December 2025 - Erratum (JDM No. 8780 of 2 January 2026 and No. 8784 of 30 January 2026) implements Articles 3 and 6 of Law No. 1.583 of 2 December 2025, which will come into force in March 2026: mandatory information and application for approval of the termination agreement. Appendix I contains the model termination agreement and the application form for approval.

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◾Part-time work: jobs with variable hours not covered by the new overtime pay scheme

Ministerial Order No. 2025-716 of 24 December 2025 (JDM No. 8780 of 2 January 2026) defines jobs with variable working hours that are excluded from the regime set out in Article 1-1 of Ordinance-Law No. 677 of 2 December 1959 on working hours, as amended (introduced by Law No. 1.583 of 2 December 2025): audiovisual, entertainment and event workers and technicians, performing artists, stewards, tour guides, event hosts and security guards, temporary workers, hotel extras and chauffeurs.

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TAXATION • INTERNATIONAL COOPERATION

◾Automatic Exchange of Information (AEI) on financial accounts

The Erratum to Sovereign Ordinance No. 11.683 of 4 December 2025 (JDM No. 8780 of 2 January 2026) corrects the definition of "passive income" in paragraph 4) of Article 2 of Sovereign Ordinance No. 6.208 of 20 December 2016 implementing international instruments establishing the automatic exchange of information on financial accounts.

The percentage of passive income is used to determine whether a Non-Financial Entity (NFE) is active (commercial, industrial or craft companies, liberal professions, etc.) or passive (trusts or asset-holding legal structures not professionally managed by a reporting Financial Institution).

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PUBLIC

◾Traineeship within the administrative services of the State (Government, Parliament, Ministry of Justice, independent administrative authorities and entities)

Sovereign Order No. 11.714 of 18 December 2025, supplemented by Ministerial Orders No. 2025-712, No. 2025-713 and No. 2025-714 of the same date (JDM No. 8780 of 2 January 2026) regulates traineeships carried out within the administration after obtaining a baccalaureate or equivalent diploma: conditions of validity, authorisation procedure, investigation, completion of the internship, internship allowance (similar to traineeships in the private sector under Law No. 1.569 of 12 December 2024).

◾National Frequency Allocation Plan

Ministerial Order No. 2025-706 of 22 December 2025 (JDM No. 8780 of 2 January 2026) establishes the National Frequency Allocation Plan, which organises the use of the radio spectrum in the Principality of Monaco among the various categories of radiocommunication services, in accordance with the terms set out in the Annex, in order to: optimise the use of this limited resource; limit interference; meet the needs of public services, licensed operators and private users; comply with international obligations towards the International Telecommunication Union (ITU-R), the European Conference of Postal and Telecommunications Administrations (CEPT), and frequency coordination agreements with third countries.

HEALTH

◾Compulsory vaccinations

Sovereign Order No. 11.702 of 18 December 2025 (JDM No. 8780 of 2 January 2026) updates Sovereign Order No. 5. 408 of 5 August 1974 implementing Law No. 882 of 29 May 1970 on compulsory vaccinations, amended by Law No. 1.585 of 12 December 2025: practice according to age and the vaccination schedule set by the French vaccination calendar in force, published by the French Minister of Health; abolition of the requirements for smallpox, polio and tuberculosis vaccinations; creation of vaccination centres in the event of an epidemic or threat of an epidemic by decision of the Minister of State (and no longer by ministerial order).

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INTELLECTUAL PROPERTY

◾Collection of resale rights in Monaco on behalf of the Société des Auteurs dans les Arts Graphiques et Plastiques and the Société Civile des Auteurs Multimédia

SACEM has been authorised by Ministerial Decision (JDM No. 8783 of 23 January 2026) to collect resale rights (reformed by Law No. 1.526 of 1 July 2022 and Sovereign Order No. 10.300 of 22 December 2023) in the Principality on behalf of the "Society of Authors in the Graphic and Plastic Arts" and the" Civil Society of Multimedia Authors", with effect from 5 November 2025 for a renewable period of two years.

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LEGISLATIVE WORK

WEALTH MANAGEMENT

◾Draft Law No. 268 on the Monegasque Patrimonial Foundation

The Government has decided to convert parliamentary Draft Law No. 268, adopted on 18 June 2025, into a Government Bill to be submitted by 23 December 2026 at the latest (Legimonaco, News, 12 January 2026)).

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◾Draft Law No. 269 on fiducie ("trust")

The Government has also decided to convert parliamentary Draft Law No. 269, adopted on 2 October 2025, into a Government Bill to be submitted by 6 April 2026 at the latest (Legimonaco, News, 12 January 2026)

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SOCIAL

◾Bills No. 1220 and No. 1121 relating to pensions ("de réversion") for surviving spouses in the public and private sectors

Bills No. 1220 and No. 1121 received by the Parliament have the common objective of ensuring equal treatment between surviving spouses, regardless of gender, with regard to the conditions for access to pension (the portion of the deceased insured person's pension that is paid to their surviving spouse).

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OTHER PUBLICATIONS

PERSONAL DATA PROTECTION

◾ APDP opinion on the Bill on confidentiality in the medical, medico-social and social sectors

The Personal Data Protection Authority (APDP) issued its Deliberation No. 2026-02 of 14 January 2026, following referral by the Minister of State, in accordance with Article 38, paragraph 2 of Law No. 1.565 of 3 December 2024 on the protection of personal data.

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JUSTICE

◾Direction des Services Judiciaires - State Secretariat for Justice: priorities for 2026

When presenting his New Year's greetings to the press, the Secretary of State for Justice reiterated the priorities for the Monegasque justice system for 2026: modernisation (dematerialisation of criminal records, new criminal response mechanisms, updating of the statutes of the legal professions); improving information (exchanges with the media, upcoming website for the Secretariat for Justice, work of the Monegasque Institute for Training in the Legal Professions); strengthening of staff numbers (recruitment to the Public Prosecutor's Office, judicial reserve with around ten experienced magistrates); FATF compliance (new financial section) and GRECO compliance (prevention, detection and punishment of corruption among high-ranking officials) (Government press release of 30 January 2026).

COMPLIANCE • AML/CFT-P-C

◾Meeting of the Steering Committee for the Global Anti-Corruption Strategy

On 23 January, the Committee met for the fourth time as part of the 5th evaluation cycle of the Group of States against Corruption (GRECO). The strategy applicable to top executive functions and the operational action plan to comply with GRECO's recommendations will be made public. (Government press release of 26 January 2026).

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◾Meeting of the Coordination and Monitoring Committee for the National Strategy to Combat Money Laundering, Terrorist and Proliferation Financing and Corruption

On 30 January, the members of the First College of the Coordination and Monitoring Committee for the National Strategy to AML/CFT-P-C reviewed the structural reforms undertaken with a view to removing the Principality from the FATF grey list (next submission of the third report to the Plenary) and that of the European Union, and to prepare for the future evaluation of the Principality by the MONEYVAL Committee. Work for 2026 within the framework of the 2025-2027 National Strategy and the National Action Plan was also discussed (Governement Press Release of 2 February 2026).

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◾Operational protocol between the Monegasque Financial Security Authority (AMSF) and the Public Prosecutor

On 15 January, the Public Prosecutor and the Director of the AMSF signed a protocol defining the procedure for handling requests for information sent by the judicial authorities to the AMSF (Post AMSF).

PUBLIC

◾Combating violence against women

On 20 January, the 2025 Annual Activity Report of the Committee for the Promotion and Protection of Women's Rights and the 2025 Annual Study on Violence against Women in Monaco were published in collaboration with the Monegasque Institute for Statistics and Economic Studies (IMSEE). As a party to the Council of Europe Istanbul Convention, the Principality is committed to adopting comprehensive and coordinated measures against violence against women and domestic violence.

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◾IMSEE : new website

On 21 January, the Monegasque Institute of Statistics and Economic Studies (IMSEE) celebrated its 15th anniversary and launched its new website, accessible at https://imsee.mc/. "More modern, more user-friendly and more intuitive’ (IMSEE, News of 21 January 2026).

BUSINESSES

◾Parliament's "Entrepreneurs+" plan

On 22 January, the Parliament released its "Entrepreneurs+" action plan, whose proposals aim to "create a more favourable environment for micro-enterprises, local businesses and start-ups in order to stimulate innovation, employment and economic diversification".

MONACO-FRANCE NEIGHBOURHOOD

◾Local Cross-Border Commission for Franco-Monegasque Cooperation

On 15 January, the Local Cross-Border Commission for Franco-Monegasque Cooperation met in Nice to discuss mobility and transport (projects to improve rail services, road traffic and infrastructure safety), cooperation on health and social issues, waste management, and maritime and environmental matters. (Government press release of 23 January 2026).

UN

◾Signing of a Framework Agreement between Monaco and UNESCO

On 15 January, Monaco and UNESCO (the United Nations organisation promoting cooperation in the fields of education, science, culture and communication in order to foster world peace) signed a four-year framework cooperation agreement structuring their partnership until 2029, including support for UNESCO programmes through voluntary contributions (Government Press release of 21 January 2026).