Monthly Legal Overview (April 2026)

99 AVOCATS ASSOCIÉS as pleased to present a review (selection) of legal developments in the Principality of Monaco in April 2026 (articles published in the Journal de Monaco, legislative work, and other publications) and news concerning the law firm and its team.

EVENTS

◾99 AVOCATS ASSOCIÉS has joined Lex Mundi as its exclusive member for Monaco

Our law firm, represented by Maeva ZAMPORI, Partner, and Ewelina WASOWSKA, Head of the Family Office Department, was introduced to the other exclusive members of the Lex Mundi international network at the Lex Mundi Annual Conference held in Vienna from 22 to 24 April.

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◾Presentation for the Club des Résidents Etrangers de Monaco (CREM) in family law

On 28 April, Erika BERNARDI, Partner, and Nathalie BLANGERO-BUISSON, Head of the Family Law Department, were delighted to speak with members of the CREM on the topic of “The non-recognition of principles of equity in Monaco: implications for divorce and matrimonial property regimes”.

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◾Publication of a report on civil law tools in a common law environment for the IBA network

At the 31st Annual International Private Client Conference of the International Bar Association (IBA) last March, our colleague Ewelina WASOWSKA served as Session Reporter and, in that capacity, authored the report on the panel discussion "Navigating civil law constructs in common law jurisdictions", now published.

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◾Nathalie BLANGERO-BUISSON and Cécile MÉMETEAU FASSI have joined the International Society of Family Law (ISFL)

Nathalie BLANGERO-BUISSON, Head of the Family Law Department, and Cécile MÉMETEAU FASSI, Senior Associate in this Department, have joined the International Society of Family Law (ISFL), which brings together academics and practitioners in family law. The ISFL organises high-level international and regional conferences.

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TEXTS PUBLISHED IN THE JOURNAL DE MONACO

CRIMINAL LAW • Mutual Legal Assistance

◾Requests for mutual legal assistance for the purposes of seizure and confiscation under the United Nations Convention against Transnational Organised Crime

Sovereign Order No. 11.863 of 9 April 2026 (JDM No. 8795 of 17 April 2026) extends the scope of application of Sovereign Order No. 15. 457 of 9 August 2002 on international cooperation in matters of seizure and confiscation pursuant to various international treaties, as amended, to requests for mutual legal assistance based on Articles 13 and 14 of the Convention of 15 November 2000 against Transnational Organised Crime and its Additional Protocols (trafficking in persons and the smuggling of migrants).

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ECHR

◾Protocol No. 16 to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) is enforceable in Monaco

Sovereign Order No. 11.840 of 2 April 2026 (JDM No. 8795 of 17 April 2026) made Protocol No. 16 to the Convention (CETS No. 214), enabling the Supreme Court and the Court of Review to refer to the European Court of Human Rights (ECHR) a request for advisory opinions on questions of principle relating to the interpretation or application of the rights and freedoms defined by the Convention or its protocols, in the context of a pending case. Our article outlines the advisory opinion procedure and provides an overview of the opinions already issued.

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PRIVATE INTERNATIONAL LAW

◾The Hague Convention of 30 June 2005 on Choice of Court Agreements is enforceable in Monaco

Sovereign Order No. 11.839 of 2 April 2026 (JDM No. 8795 of 17 April 2026) made the Convention of 30 June 2005 on Choice of Court Agreements of the Hague Conference on Private International Law (HCCH) enforceable. It aims to ensure: the effectiveness of choice of court clauses in favour of a State party to the Convention which are concluded in civil or commercial matters in international situations, by ensuring the jurisdiction of the designated court; as well as the recognition and enforcement of judgments based on such agreements, in the States parties to the Convention.

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CIVIL

◾Calculation of the portion of annual wages, salaries and annuities liable to attachment or assignment

Ministerial Order No. 2026-189 of 16 April 2026 (JDM No. 8796 of 24 April 2026) raises, with effect from 1 April 2026, the ceiling for the personal resources of a spouse or ascendant, so that he or she may be regarded as a dependant of the judgment debtor subject to attachment or of the assignor, to €651.69 per month (as compared with €646.52 previously), pursuant to Sovereign Order No. 11.114 of 18 February 2025. This threshold determines the increase of €1,720 per dependant in the income bands used for calculating the portion of annual wages, salaries and annuities liable to attachment or assignment, as referred to in Article 503 of the Code of Civil Procedure.

EDUCATION • SOCIAL

◾Regulations governing work placements for pupils in the general, vocational and technological streams

Sovereign Order No. 11.848 of 2 April 2026 (JDM No. 8794 of 10 April 2026) regulates work placements for pupils aged 13 or over enrolled in general, vocational or technological education: conditions for hosting the placement student; the role of the educational establishment; conditions for carrying out the work placement. In addition, Ministerial Order No. 2026-166 of 7 April 2026 (JDM of the same date) sets out the mandatory provisions of the tripartite work placement agreement, and the periods during which the pupil is authorised to undertake their work placement.

HEALTH

◾Revision of the conditions governing the practice of the profession of psychologist

Sovereign Order No. 11.841 of 2 April 2026 (JDM No. 8795 of 17 April 2026) governs (replacing the repealed Sovereign Order No. 4.517 of 22 October 2013), the practice of the profession of psychologist in private practice (as a principal psychologist, partner or locum), or within a private-law legal entity which is (self-employed) or is not classified as a healthcare establishment (as a salaried psychologist). It is supplemented by Ministerial Order No. 2026-175 of 2 April 2026 (JDM of the same day) relating to the Commission for the Verification of Psychologists’ Qualifications.

PUBLIC

◾Decommissioning (Removal from Public Use) of State Public Domain Property

Laws No. 1.587, No. 1.588 and No. 1.589 of 8 April 2026 (JDM No. 8795 of 17 April 2025) provided for the decommissioning of land parcels (garden, embankment, sidewalk, and roadway) and subsurface volumes (underground space) from the State’s public domain, as part of the real estate developments “Larvotto Supérieur” (housing for nationals), “Sakura” (adjustment of the decommissioning perimeter), and “Villa La Luciole” (housing for nationals) (Article 33 of the Constitution).

◾Appointment of Councillors of State and the Vice-President of the Council of State

Sovereign Order No. 11.835 of 30 March 2026 (JDM No. 8794 of 10 April 2026) appoints seven Councillors of State, including Mr Antoine DINKEL, former Director of Tax Services, as Vice-President of the Council of State, for a term of three years, with effect from 14 March 2026.

◾Appointment of members of the Commission responsible for auditing the accounts of notarial practices

Order No. 2026-9 of 31 March 2026 of the Secretary of State for Justice, Director of Judicial Services (JDM No. 8794 of 10 April 2026) appoints the five members of the Commission (in accordance with Article 11 of Sovereign Ordinance No. 2.118 of 12 November 1959), and the appointment of the Accountant-Valuator, for a period of four years, with effect from 1 March 2026.

◾Overhaul of the procedures for electing members of the CHPG Board of Directors representing service staff

Ministerial Order No. 2026-181 of 9 April 2026 (JDM No. 8796 of April 24, 2026) establishes (rreplacing the repealed Ministerial Order No. 96-21 of 22 January 1996) the procedures for electing the two representatives chosen by the permanent agents of the service staff of the Princess Grace Hospital Centre (CHPG), as provided for in Article 2 of Sovereign Order No. 5.095 of 14 February 1973, concerning the organisation and operation of the CHPG, which was subsequently updated by Sovereign Order No. 11.862 of 9 April 2026 (JDM of the same day).

◾Official population figure for Monaco

Ministerial Order No. 2026-174 of 10 April 2026 (JDM No. 8795 of 17 April 2026) publishes the official population figure for the Principality of Monaco for the year 2025, which stands at 38,857 people (38,423 people in 2024, 38,367 in 2023, 39,050 in 2022).

LEGISLATIVE WORK

SOCIAL

◾Bill No. 1125 on the time-saving account (received)

Government Bill No. 1125, received on 14 April by the Parliament, provides for the introduction of a general working time savings account (CET) scheme for employees, enabling them to set aside days off or sums of money derived, for example, from overtime or unused leave, in order to use them at a later date or convert them into remuneration.

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COMPANY • REAL ESTATE • ADMINISTRATIVE

◾Draft law No. 276 promoting the transfer and transparency of foreign legal entities owning property in Monaco (adopted)

Parliamentary Draft law No. 276, adopted on 2 April, aims to encourage foreign companies, legal entities or legal arrangements (excluding trusts) that own property in Monaco to establish themselves onshore: retention of legal personality upon transfer of domicile to Monaco, and tax incentives for a period of three years.

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AML/CFT-P-C

◾New AMSF AML/CFT-P-C General Guidelines

The Monegasque Financial Security Authority (AMSF) has published the second version of its General Guidelines for Monegasque professionals (V2) dated 21 April 2026, which brings the document into line with the current legislative and regulatory framework (replacing the first version dated 21 July 2021).

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BANKING & FINANCE

◾CCAF Announcement to authorised companies regarding the updating of their articles of association

The Commission for the Control of Financial Activities (CCAF) has reminded Monegasque public limited companies (SAMs) updating their articles of association in accordance with Law No. 1.573 of 8 April 2025 on the modernisation of company law that any amendment to characteristic elements of their authorisation file (e.g. share capital, corporate purpose, management, board of directors) requires prior authorisation from the CCAF pursuant to Article 8 of Law No. 1.338 of 7 September 2007, as amended (CCAF, Announcement of 17 April 2026).

◾CCAF Warning regarding an entity not authorised to provide banking services in Monaco

The Commission for the Control of Financial Activities (CCAF) has warned that the entity operating under the name "FORBES PRIVATE BANK MONACO SA" (Website https://forbesprivatebank.com) is not authorised to offer financial services or products to Monegasque clients (CCAF, Warning of 4 April 2026).

CASE LAW • France

◾Choice of jurisdiction clause and consumer protection: the impact of the Court of Cassation’s judgments of 25 March 2026 on Monegasque businesses

The French Court of Cassation has established a new general rule of French private international law, applicable to Monegasque businesses: a contractual clause conferring jurisdiction on a foreign court cannot deprive a consumer domiciled in France at the time proceedings are brought of the right to bring the matter before the French courts to rule on a dispute between them and a professional established abroad (appeals nos. 24-21.422 and 24-21.790).

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COUNCIL OF EUROPE

◾The PACE Committee on Rules of Procedure, Ethics, and Immunities under the Monegasque Chairmanship

On 22 April, Mr Christophe BRICO took over as Chair of the Committee on Rules of Procedure, Ethics and Immunities of the Parliamentary Assembly of the Council of Europe (PACE), which ensures the proper application of PACE’s Rules of Procedure and promotes ethical standards and transparency in public institutions. This marks the second Monegasque chairmanship within PACE, with Ms Béatrice FRESKO-ROLFO having served as Chair of the Committee on Equality and Non-Discrimination since 27 January 2026.

INTERNATIONAL

◾Annual Conference of Heads of Mission of Monaco’s Diplomatic Corps

On 8 and 9 April, the Principality hosted the Annual Diplomatic Conference on the Principality’s foreign policy priorities, organised by the Department of External Relations and Cooperation, with this year a speech by the Secretary General of the Council of Europe (Government press release of 10 April 2026). Monaco will hold the Chairmanship of the Committee of Ministers of the Council of Europe from 15 May to 10 November 2026.

◾General Assembly of the International Hydrographic Organisation (IHO) held in Monaco

From 20 to 23 April, representatives of governments, maritime authorities, international organisations and industry leaders gathered in Monaco for the 4th General Assembly of the IHO, the leading decision-making forum on hydrography, the mapping of seas, oceans and navigable waters, and standards relating to maritime data (Government press release of 23 April 2026).

◾Monaco’s contribution to the World Food Programme (WFP) Trust Fund

On 21 April, the Monegasque Government signed a Contribution Agreement in support of the WFP Trust Fund (2026–27), promoting gender equality, protection and inclusion for the most vulnerable to ensure equitable access to food security and nutrition (Government press release of 22 April 2026).