Monthly Legal Overview (Februar 2024)

99 AVOCATS is pleased to offer you a selection of the legal news from Monaco.

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Our events and other publications:

Rozenn LEBOHEC ICYK, manager associate, and Guillaume CARDOEN, senior associate, attend the EUROJURIS FRANCE 2024 Congress (1st-3rd February 2024 in Biarritz), the theme of which was "Eurojuris crève l'écran! Image, Communication and New Tools for Legal Professionals".

Contribution in the framework of the International Network of Privacy Law Professionals (INPLP) "Activity of the Personal Data Supervisory Authority of Monaco (CCIN) : Increase in the Number of Complaints and Recommendations"

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MONEYVAL

◾Law no. 1.559 of 29 February 2024 (Part IV)

On the one hand, new provisions are added in response to international recommendations on aspects that could not be addressed by the three previous laws (Law No. 214 - trusts, cooperation of Tax Department officials with the judicial authorities, adaptation of criminal provisions). Secondly, the compliance of recently passed legal provisions with international recommendations has been strengthened (new amendments to Laws no. 1.362 - general preventive measures, no. 721 - RCI, no. 797 - civil companies, no. 1.355 - associations and federations of associations, no. 56 - foundations).

Unless derogations are provided for in the transitional provisions, the provisions of Law no. 1.559 (JDM no. 8684 of 1 March 2024) came into force on 2 March 2024.

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◾Trusts: changes

In addition to Law no. 1.559 of 29 February 2024 (Part IV) referred to above, Sovereign Order no. 10.430 of 29 February 2024 (JDM no. 8684 of 1st March 2024) amends Sovereign Order no. 8. 635 of 29 April 2021 implementing Law no. 214 of 27 February 1936 revising Law n° 207 of 12 July 1935 on trusts, as amended: information that must be obtained, retained and kept permanently up to date by the trustee and, if the trustee is established or domiciled abroad, by its local representative, as well as that contained in the application for registration of a trust set up or transferred in the Principality; access to information contained in the register of trusts; accounting and reporting obligations to the Directorate of Economic Development (DDE); supervision by the DDE and on-site inspections; penalties, etc.

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◾Appointment of the members of the Board of Directors of the Monegasque Financial Security Authority (AMSF)

Sovereign Order no. 10.428 of 22 February 2024 (JDM no. 8684 of 1 March 2024) appoints Mr Gilles TONELLI (on the proposal of the Minister of State), Ms Christine COURTIN (on the proposal of the National Council), Mr Patrick RAMAEL (on the proposal of the Council of State), Mr Christophe GANCEL (on the proposal of the Commission de Contrôle des Activités Financières) and Ms Odile JORIS (on the proposal of the Economic, Social and Environmental Council) for a term of 5 years.

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SOCIAL • SELF EMPLOYMENT

◾Law no. 1.558 of 29 February 2024: CAMTI maternity leave

Law no. 1.558 (JDM no. 8684 of 1 March 2024) introduces maternity leave for members of CAMTI (Caisse d'assurance maladie des travailleurs indépendants), the duration of which is set at at least 18 weeks.

Women who are pregnant on the date the law comes into force (i.e. 2 March 2024) can take advantage of the new provisions.

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PUBLIC FINANCES

◾Tourist contribution: amounts revised downwards

Ministerial Decree no. 2024-72 of 5 February 2024 (JDM no. 8681 of 9 February 2024) amending Ministerial Decree no. 2023-754 of 20 December 2023, halved the amounts initially set for 2024, following a balancing of the State's economic interests and the competitiveness of Monegasque hotel establishments in light of the tourist taxes charged in the Riviera's benchmark communes.

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CIVIL PROCEDURE

◾Portions of remuneration, salaries and annual arrears which may be seized or assigned

Sovereign Order no. 10. 404 of 12 February 2024 (JDM no. 8682 of 14 February 2023) sets out, pursuant to Article 502 of the Code of Civil Procedure, the seizable or transferable limits and portions of the annual remuneration, salaries and arrears referred to in Article 503 of the same Code, namely: 1° salaries and sums due by way of remuneration to all persons employed or working, in whatever capacity and in whatever place, on behalf of one or more employers, whatever the amount and nature of their remuneration, the form and nature of their contract; 2° arrears of civil, ecclesiastical and military pensions paid by the Treasury; 3° arrears of all other retirement pensions.

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PUBLIC • SOCIAL

◾Revaluation of employment support allowance linked to unfavourable economic conditions

Sovereign Order no. 10.365 of 1st February 2024 (JDM n° 8691 of 9th February 2024) maintains the provisions of Sovereign Order n° 6. 255 of 30 January 2017 with an increase in the amount of the employment support allowance to €5.83 as from 1 January 2024 (compared with €5.64 from 1 January to 31 December 2023 and €5.54 on 1 August 2022), regardless of the number of employees in the company on the date the application is submitted to the Employment Service.

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◾Caisse Monégasque de Retraite Complémentaire (CMRC): regulatory texts

Sovereign Order no. 10.366 and Ministerial Order no. 2024-74 of 1st February 2024 (JDM no. 8681 of 9 February 2024) set out the terms and conditions for calculating the reconstitution of periods of interruption of compensated work for the purpose of validating pension rights.

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REGULATED PROFESSION

◾Veterinary profession: regulatory text

Ministerial Decree no. 2024-30 of 24 January 2024 (JDM no. 8680 of 2 February 2024) lays down the conditions for applying Law no. 1.556 of 14 December 2023, which filled a legal vacuum by specifically organising and regulating the veterinary profession: Commission to verify the veterinary diploma, maximum number of collaborating or salaried veterinary surgeons, list of equipment required to run a veterinary clinic.

◾"Ordre des architectes": Rules of procedure

The Rules of Procedure of the Association of Architects approved by the Government (JDM no. 8682 of 16 February 2024) are appended to Ordinance-Law no. 341 of 24 March 1942 (conditions for practising the profession of architect, role and operation of the Association, confraternity, professional ethics). It is added that the OIQ forwards the standard contract between the architect and his client to the Government, for its opinion and to take account of its recommendations for publication in the Journal Officiel (point 1.23).

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PUBLIC • HEALTH INSURANCE

◾New Bill no. 1089 on State paid medical aid

In addition to the traditional systems, Bill No. 1089, which was received by the Parliament on 6 February 2024, envisages the introduction of a system of state medical aid, to be paid for on a subsidiary basis, with the state acting as insurer.

The text is aimed at nationals, regardless of their place of residence, and persons who have been resident in the Principality for 5 years or more who are not covered by a health insurance organisation and who, on the one hand, because they present a significant insurance risk cannot turn to private insurance, and on the other hand, given their resources, are excluded from the benefit of State medical aid enshrined in Law no. 1.465 of 11 December 2018.

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