Monthly Legal Overview (August 2026)

99 AVOCATS ASSOCIÉS is pleased to present a review of legal developments in the Principality of Monaco in August 2026 (texts published in the Journal de Monaco, legislative work and other publications).

TEXTS PUBLISHED IN THE JOURNAL DE MONACO

TAXATION

◾Advisory Committee responsible for examining disputes arising from the basis of assessment for corporation tax (ISB)

Ministerial Order No. 2026–472 of 10 August 2026 (JDM No. 8812 of 14 August 2026) appoints, for a term of three years, two full members representing undertakings or companies whose activities are subject to corporate income tax (ISB), and two alternate members, pursuant to Article 27 of Sovereign Order No. 3.152 of 19 March 1964. The Advisory Committee responsible for examining disputes arising from the assessment of the ISB also comprises a judge of the judicial order, the Director of Tax Services or his delegate, and a representative of the Department of Finance and Economic Affairs.

PUBLIC

◾Civil servants and public sector employees victims of workplace accidents

Ministerial Order No. 2026‑438 of 30 July 2026 (JDM No. 8811 of 7 August 2026) sets out in the Annex the minimum disability scale used to determine the degree of incapacity of civil servants and employees of the State and Municipality of Monaco who are victims of accidents at work, as referred to in Article 115 of Sovereign Order No. 8.011 of 12 March 2020 relating to the provision of medical benefits to civil servants and employees of the State and the Municipality, as amended.

JUSTICE

◾Appointment of a Deputy Public Prosecutor

By Sovereign Order No. 12.098 of 14 August 2026 (JDM No. 8813 of 21 August 2026), Ms Béatrice Moure, Deputy Prefect, Chief of Staff at the Prefecture of Nièvre, seconded by the French Government, has been appointed Deputy Public Prosecutor of Monaco, with effect from 7 September 2026.

◾Appointment of the Vice-President of the Court of First Instance

By Sovereign Order No. 12.099 of 14 August 2026 (JDM No. 8813 of 21 August 2026), Ms Brigitte Raybaud (known as Turrillo), Vice‑president attached to the Office of the President, in charge of the judge responsible for property enforcement and collective proceedings at the Judicial Court of Grasse, seconded by the French Government, has been appointed Vice‑President of the Court of First Instance of Monaco, with effect from 7 September 2026. She succeeded Ms Evelyne Husson, a magistrate on secondment, who has been reinstated to her home administration with effect from 1 September 2026, by Sovereign Order No. 12.097 of 14 August 2026 (JDM of the same day).

LEGISLATIVE WORK

PUBLIC • ICT • BANKING • AML/CFT-P

◾Bill No. 1131 on the regulation of the activities of Crypto-Asset Service Providers (CASPs) (received)

Bill No. 1131, received by the Parliament on 6 August, is intended to regulate the provision of three services relating to crypto-assets (reception and transmission of orders for crypto-assets on behalf of clients; providing portfolio management on crypto-assets; providing advice on crypto-assets) in accordance with Monaco’s international commitments (Monetary Agreement with the European Union: Regulation (EU) 2013/114 (MiCA), and FATF Recommendation No. 15 on new technologies ). The following would be eligible for the PSCA authorisation issued by the Financial Activities Supervisory Commission (CCAF): Monegasque public limited companies ("société anonyme monégasque" SAM) with an effective presence in Monaco, as well as Monegasque branches ("succursales") of foreign credit institutions already authorised by the CCAF under the Law No. 1.338 of 7 September 2007 on financial activities.

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PUBLIC • PROPERTY & CONSTRUCTION

◾Public consultation on Bill No. 1126 establishing a master plan for development and planning (SDDA) and containing various provisions relating to urban planning

On 19 August, the High Commissionner for the Protection of Rights, Freedoms and Mediation (HC) published its opinion on Bill No. 1126 establishing new tools for urban planning and strategy, and the State’s land-use powers (including the right of pre-emption) to “manage the "reconstruction of the city on top of the city’"(...) in the absence of any remaining land available for development”. The HC recommends amendments to “rethink the structure of the SDDA to ensure greater legal certainty”, “genuinely involve the public”, “assess the environmental consequences”, “better protect property owners”, and “take account of the social consequences”.

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OTHER PUBLICATIONS

PUBLIC

◾Case law of the Supreme Court of Monaco (2026)

99 AVOCATS ASSOCIÉS provides an overview of the judgements handed down by the Supreme Court in the first half of 2026, covering the following areas: authorisation to practise within a company (over-representation, reputational risk), company incorporation (revocation of authorisation), residence in Monaco (residence permit, asylum), employment of foreign nationals (revocation of work permit), civil service (disciplinary action), tax litigation (transfer duties), town planning & construction (building permission).

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PERSONAL DATA PROTECTION

◾APDP: Alert regarding a data breach affecting the Register of Beneficial Owners managed by the Liechtenstein Office of Justice

The Monegasque Personal Data Protection Authority (APDP) has alerted "individuals or entities located in Monaco, having: - a legal structure registered in Liechtenstein, - an economic activity, - or a compliance relationship with this register" likely to be "directly affected by this data breach", concerning "- the name of the legal entity; - the name, date of birth, nationality and country of residence of the beneficial owner."

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INTERNATIONAL

◾Monaco: Establishment of diplomatic relations with the Republic of Mauritius

On 25 August, the signing of a joint communiqué marked the establishment of diplomatic relations between the Principality of Monaco and the Republic of Mauritius (Government press release of 27 August 2026).

◾European Union: Entry into force of the majority of the rules set out in Regulation (EU) 2024/1689 on artificial intelligence (AI Act)

Since 2 August, the provisions of the AI Act have applied to high-risk AI systems that have already been identified, and regulatory sandboxes to support businesses must be put in place. With regard to transparency obligations, providers of AI systems must: design the AI system in such a way that individuals are explicitly informed whenever they interact directly with an AI system; add machine-readable markers to enable the detection of content generated or manipulated by AI (with a transition period until 2 December 2026 for generative AI systems placed on the market before 2 August 2026). Deployers of AI systems must inform users when they are exposed to deepfakes (by displaying an icon), emotional recognition and biometric categorisation tools, and text-based publications on matters of public interest that have not undergone human review or editorial control.

It was also on this date that the European Commission’s AI Office, in collaboration with EU national authorities, began enforcing the AI Act.

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◾France: Telemarketing for commercial purposes by default prohibited across all sectors of activity

Since 11 August, telemarketing has been prohibited for businesses in all commercial sectors, unless the call relates to a contract entered into with the business, or unless the business has obtained prior consent to be contacted for commercial canvassing purposes, which must have been given "freely" and "in full knowledge of the facts", and "by a clear affirmative act". This ban does not apply to marketing activities relating to the sale of subscriptions to newspapers, periodicals or magazines (French Decree No. 2026-662 of 23 July 2026).