08
Apr
2026
Legal overview
Legal news
Banking and financial law
Companies and taxation
Criminal law
International and European law
Property and construction law
Insurance law
Civil law
Family law
Labour law
IT and communication law
Personal data
Public law
Family Office
Risks & Compliance AML/CFT-P-C
2026
Legal overview — Legal news
Banking and financial law — Companies and taxation — Criminal law — International and European law — Property and construction law — Insurance law — Civil law — Family law — Labour law — IT and communication law — Personal data — Public law — Family Office — Risks & Compliance AML/CFT-P-C
Monthly Legal Overview (March 2026)
99 AVOCATS ASSOCIÉS is pleased to present a review (selection) of legal developments in the Principality of Monaco in March 2026 (articles published in the Journal de Monaco, other publications) and news regarding its team.
In addition this month, a focus on the latest developments in labour law: the mutual termination of permanent employment contracts (CDI).
LABOUR LAW NEWS
◾Key points on the mutual termination of permanent employment contracts (CDI)
Our Employment Law Department outlines the key aspects of the mutually agreed termination of permanent contracts, as governed by Law No. 1.583, which has been possible in Monaco since 13 March, through an infographic and a summary presentation designed to help you grasp the key points of the reform.
EVENTS
INTERNATIONAL NETWORK
◾Participation in the Monaco-Italy Business Forum
Maeva ZAMPORI, Partner, took part in the Monaco-Italy Business Forum, organised on 13 March by the Italian Embassy in Monaco with the support of the Italian Trade Agency (ICE/ITA), in collaboration with the Monegasque Government and the Monaco Economic Board (MEB).
◾Participation in the International Bar Association (IBA) Annual International Private Client Tax Conference
From 1 to 3 March, Grégoire GAMERDINGER, Partner, and Ewelina WASOWSKA, Head of the Family Office Department, represented 99 AVOCATS ASSOCIÉS at the 31st Annual International Conference dedicated to private clients of the IBA in London. Our associate served as Session Reporter.
◾Participation in the Monaco Economic Board (MEB) Trade Mission in Switzerland
Ewelina WASOWSKA, Head of the Family Office Department, represented 99 AVOCATS ASSOCIÉS in the MEB economic mission to Zurich, from 11 to 13 March.
◾Participation in the Monaco International Investment Forum (MIIF)
Ewelina WASOWSKA, Head of the Family Office Department, took part in the 5th Monaco International Investment Forum (MIIF), which was held in Monaco on 18 and 19 March.
COMMITMENT
◾Support for International Women's Rights Day 2026
Erika BERNARDI, Partner, took part in the #GirlBoss Speed Mentoring sessions organised on 4 March by the Association of Women Entrepreneurs of Monaco (AFCEM), of which she is Secretary General, and the She Can He Can association.
TEXTS PUBLISHED IN THE JOURNAL DE MONACO
AML/CFT-P-C • FATF
◾Update to the Monegasque list of High-Risk States or Territories
Ministerial Order No. 2026-126 of 13 March 2026 (JDM No. 8791 of 20 March 2026) amended the Monegasque list of jurisdictions whose anti-money laundering, terrorist financing and corruption control measures are strategically deficient. Addition: Kuwait, Papua New Guinea.
◾Appointment of the magistrate presiding over the Sanctions Panel of the Monegasque Financial Security Authority (AMSF)
By Order of the Secretary of State for Justice No. 2026-7 of 22 February 2026 (JDM No. 8789 of 6 March 2026), Mr Jérôme FOUGERAS-LAVERGNOLLE, Advisor to the Court of Appeal, was appointed as President of the Sanctions Panel established within the AMSF's sanctions department.
CRIMINAL
◾Update to Sovereign Order No. 15.320 of 8 April 2002 on the suppression of terrorist financing
Sovereign Order No. 11.804 of 2 March 2026 (JDM No. 8791 of 20 March 2026) repeals Articles 1 to 10 and 12 of Sovereign Order No. 15.320, and refers to Articles 391-7-1 to 391-7-3 of the Criminal Code, which now incorporates offences relating to the financing of terrorism, following the MONEYVAL Law No. 1.559 of 29 February 2024 (Part IV).
◾Update to Sovereign Order No. 8.664 of 26 May 2021 concerning the enforcement of obligations relating to the freezing of funds and economic resources
Sovereign Order No. 11.818 of 12 March 2026 (JDM No. 8791 of 20 March 2026) replaces Article 12 of Sovereign Order No. 8.664 and refers to Articles 219-1 to 219 -4 of the Criminal Code, which provide for offences relating to the freezing of funds and economic resources pursuant to international economic sanctions, following the MONEYVAL Law No. 1.559 of 29 February 2024 (Part IV).
BANKING & FINANCE • INSURANCE
◾Appointment of members of the Commission on Right to be Forgotten and Mediation (access to credit in case of heightened health risk)
Ministerial Order No. 2026-131 of 16 March 2026 (JDM No. 8791 of 20 March 2026) appoints the members of the Commission representing the Monegasque Association of Financial Activities (AMSF), the Monegasque Chamber of Insurance, persons with serious health risks, and the Monegasque Medical Association.
SOCIAL
◾ Appointment of members of the Superior Court of Arbitration for Collective Labour Disputes
Sovereign Order No. 11.825 of 18 March 2026 (JDM No. 8792 of 27 March 2026) appoints full and alternate members of the Superior Court of Arbitration for Collective Labour Disputes for a term of two years, with effect from 1st March 2026.
ENVIRONMENT • ADMINISTRATIVE
◾Prohibition on the supply, whether for a fee or free of charge, of disposable plastic containers, receptacles and packaging
Ministerial Order No. 2026-129 of 16 March 2026 (JDM No. 8791 of 20 March 2026) amends Article A.431-2-2, fourth paragraph, 4°) of the Environment Code with effect from 1 September 2026: prohibition on the provision of boxes, trays, meal trays and salad bowls used to contain foodstuffs ready for consumption on the premises or for takeaway with a Use-by Date (UBD) of a maximum of 3 days or packaged for sale. Containers for fresh, cut and unprocessed fruit are exempt. Coatings made of PE (polyethylene), PLA (polylactic acid) or equivalent are permitted.
◾Technical inspection of electric and hybrid vehicles
Ministerial Order No. 2026-128 of 16 March 2026 (JDM No. 8791 of 20 March 2026) introduced, with effect from 21 March 2026, a new inspection item: the coolant level in the cooling system of the traction batteries of electric and hybrid vehicles, whether rechargeable or not (amendment to Annexes I and II of Ministerial Order No. 2020-509 of 24 July 2020 on vehicle roadworthiness tests, as amended).
JUSTICE
◾Judicial Reserve: procedure for registration on the list of reserve magistrates
Sovereign Order No. 11.822 of 12 March 2026 (JDM No. 8791 of 20 March 2026) implements Article 64-5 of Law No. 1.364 of 16 November 2009 on the status of the judiciary, as amended, introduced by Law No. 1.581 of 14 November 2025. It governs applications for registration and renewal of registration on the list of reserve magistrates.
GOVERNMENT
◾Appointment of the Government Councillor-Minister for Finance and the Economy
By Sovereign Order No. 11.831 of 26 March 2026 (JDM No. 8792 of 27 March 2026), Mr Frédéric COTTALORDA, Special Adviser to the Secretariat of the Department of Finance and the Economy, has been appointed Government Councillor-Minister for Finance and the Economy, with effect from 1st April 2026. He succeeds Mr Pierre André CHIAPPORI.
PUBLIC FINANCES
◾Publication of the Annual Public Report of the Higher Audit Commission ("Commission Supérieure des Comptes")
The 2025 Annual Public Report (JDM No. 8791 of 20 March 2026), adopted on 18 November 2025, reviews the activities of the Higher Audit Commission in 2025 (audits carried out, international activities, involvement in the verification of campaign accounts, ethical conduct of members of the Government), and the audits of the State’s budgetary and financial management in 2024, the public car park service, the national housing plan for Monegasques, the New Hospital CHPG, and the Social Protection Office, together with the Government’s responses (Article 42 of the Constitution, Sovereign Order No. 1.707 of 2 July 2008).
◾Seized or Confiscated Assets Management Service (costs)
Sovereign Order No. 11.824 of 18 March 2026 (JDM No. 8792 of 27 March 2026) clarifies the wording of Article 10 of Sovereign Order No. 10. 245 of 7 December 2023 regarding the inclusion in the budget of the Directorate of Judicial Services of the costs of managing, administering or preserving seized or confiscated assets incurred by the Seized or Confiscated Assets Management Service in the course of its duties.
FINANCIAL • ADMINISTRATIVE
◾Decision of the Financial Activities Control Commission (CCAF) to revoke an authorisation
By Decision of 12 February 2026 (JDM No. 8789 of 6 March 2026), the CCAF revoked an authorisation ("agrément") for: failure to submit, within the prescribed time limit, the annual activity report and certificate, as well as the annual accounts and the auditors’ reports; failure to maintain a bank account with a credit institution established in Monaco in the company’s name; failure to have two permanent heads of Strategic Direction and Management; lack of sufficient human and technical resources (breach of Law No. 1.338 and its implementing Sovereign Order No. 1.284).
INTERNATIONAL
◾Reorganisation of Monaco consular districts in Spain
Sovereign Order No. 11.821 of 12 March 2026 (JDM No. 8791 of 20 March 2026) redraws the boundaries of the eight consular districts in Spain: Barcelona (Catalonia and Aragon); Bilbao (the Basque Country and Navarre); Madrid (the Community of Madrid, Castile-La Mancha, Castile and León, and La Rioja); Palma de Mallorca (the Balearic Islands); Santa Cruz de Tenerife (the Canary Islands); Santander (Cantabria, the Principality of Asturias and Galicia); Seville (Andalusia and Extremadura); Valencia (the Valencian Community and Murcia).
LEGISLATIVE WORK
BANKING & FINANCE
◾Bill No. 1124 amending Law No. 1.492 of 8 July 2020 on the establishment of a right to a bank account
Bill No. 1124, tabled on 13 March before the Parliament, aims to strengthen the effectiveness of the right, for natural and legal persons covered by Law No. 1.492, to open a deposit account with a credit institution, whilst maintaining a balance between AML/CFT-P and financial inclusion, in line with the work of the FATF and MONEYVAL.
REAL ESTATE • ADMINISTRATIVE
◾Conversion into a Governement bill of parliamentary Draft Law No. 271 on certain real estate activities and professions
On 11 March, the Government voted in favour of converting parliamentary Draft Law No. 271 into a bill to reform Law No. 1.252 of 12 July 2002, with a view to raising the standards applicable to professionals in the property sector (new requirements for administrative authorisation, professional licence, compulsory training, commercial advertising, etc.) (Legimonaco, News of 20 March 2026).
COMPANY • REAL ESTATE • ADMINISTRATIVE
◾Draft Law No. 276 promoting the transfer and transparency of foreign legal entities owning property in Monaco
Draft Law No. 276, received on 20 March and adopted on 2 April, aims to encourage foreign companies, legal entities or legal structures (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.
FAMILY
◾Draft law No. 277 on strengthening the rights of adults who may be placed under guardianship, curatorship or judicial protection
Draft law No. 277, received by the National Council on 25 March, aims to strengthen the rights and procedural safeguards of adults subject to a protective measure (guardianship, curatorship, judicial protection): summons to hearings, notification of judgments, legal representation, etc.
OTHER PUBLICATIONS
PERSONAL DATA PROTECTION
◾APDP • Practical guide to biometric access control for business premises
The Data Protection Authority (APDP) has published a new practical guide on "Access control to business premises via biometric authentication" (March 2026). The use of biometric devices for the purpose of managing employees’ attendance is prohibited. The use of biometric devices in the workplace to control access to specifically identified locations, devices and applications is permitted provided that a data protection impact assessment (DPIA) is carried out and the reasons and justifications for this use are documented, rather than using a less intrusive technology (APDP News, 24 March 2026).
E-ADMINISTRATION • EMPLOYMENT
◾Fully digital hiring process and new CV database
Since March 2026, the hiring process in the Principality has evolved into a fully digital system incorporating online completion of the recruitment form, electronic signing of documents, digital payment of recruitment fees and the launch of an online CV database (Government, Press release of 30 March 2026).
AML/CFT-P-C • FATF • EU
◾Coordination and Monitoring Committee for the national strategy to combat money laundering, the financing of terrorism and the proliferation of weapons of mass destruction, as well as corruption
On 27 March, the Coordination and Monitoring Committee for the AML/CFT-P-C strategy met once again to review, in particular, the monitoring process (4th report forthcoming) and Monaco’s removal from the FATF and European Union lists, as well as the forthcoming evaluation by the MONEYVAL Committee (Government, Press release of 30 March 2026).
COUNCIL OF EUROPE
◾Training for MONEYVAL Committee assessors held in Monaco
From 16 to 20 March, the Council of Europe’s MONEYVAL Committee, with the support of the Monegasque authorities, organised training for the experts responsible for assessing measures to combat money laundering and terrorist financing, focused on the 6th round of mutual evaluations conducted in accordance with the revised FATF recommendations (2012–2025), the updated FATF methodology (2025) and the MONEYVAL rules of procedure (2023) (MONEYVAL, News of 16–20 March 2026; Monaco Government, News of 23 March 2026).
◾The Committee on Political Affairs and Democracy of the Parliamentary Assembly of the Council of Europe (PACE) in Monaco
On 9 and 10 March, Monaco hosted the Committee on Political Affairs and Democracy, one of the nine general committees of PACE, whose reports form the basis for most of the debates in the Plenary Assembly or the Standing Committee (Post from the Parliament of Monaco).
◾Joint statement by the PACE President and the Monegasque Chair of the Committee on Equality and Non-Discrimination
On 6 March, to mark International Women’s Day, Petra BAYR, President of PACE, and Béatrice FRESKO-ROLFO, the Monegasque Chair of the Committee on Equality and Non-Discrimination, issued a joint statement "to demand more commitment, united efforts and increased resources to achieve gender equality in Europe and beyond, by making the human rights of all women a reality in law and in practice" (PACE News, 6 March 2026).
◾Meetings of the Committee responsible for monitoring the implementation of ECHR judgments, chaired by Monaco
Monaco chaired meetings to follow up on the European Court of Human Rights (ECHR) judgments from 9 to 11 March, ahead of assuming the Chairmanship of the Committee of Ministers of the Council of Europe from 15 May to 10 November 2026.
JUSTICE
◾Visit by Monaco Secretary of State for Justice to the French High Council for the Judiciary (CSM)
On 10 March, the CSM welcomed Mr Samuel VUELTA SIMON, Secretary of State for Justice of the Principality since September 2024. Discussions focused in particular on the career management of French magistrates seconded to Monaco (currently 20 out of 28) under the Convention of 8 November 2005 (Post by the Secretary of State for Justice of Monaco, Post by the CSM).
◾Monaco’s partnership with UN Women
On the occasion of the 70th annual session of the Commission on the Status of Women (CSW70), held in New York from 9 to 19 March 2026, Monaco signed a partnership agreement with UN Women for the period 2026–2029, which will support initiatives using sport as a vehicle for achieving equality. Monaco will make gender equality a priority theme during its Presidency of the Committee of Ministers of the Council of Europe from 15 May to 10 November 2026 (Princely Government, Press release of 26 March 2026).
IIDH/IIHL
◾Monaco’s partnership with the International Institute of Humanitarian Law (San Remo - Geneva)
The Principality has renewed for three years and strengthened its partnership agreement with the IIDH/IIHL, aimed at training representatives from countries in transition in international humanitarian law (IHL) (Government, Press release of 26 March 2026), based primarily on the four Geneva Conventions of 1949 (wounded, sick and shipwrecked at sea; wounded, sick on land; prisoners of war; civilians: in force in Monaco since 1951) and their two Additional Protocols of 1977 (protection of victims of international and non-international armed conflicts: in force in Monaco since 2020).
Other publications