Companies and taxation
International and European law
Property and construction law
Companies and taxation — Criminal law — International and European law — Property and construction law — Civil law — Family law — Labour law — Public law
Monthly Legal Overview (October 2023)
99 AVOCATS is pleased to propose a selection of the latest legal news from Monaco and events in which our team took part in October 2023.
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Annual campaign to raise awareness, prevent and combat breast cancer. Support for people affected by the disease and those fighting alongside them. Lifting taboos at work.
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Eurojuris International Congress
Guillaume CARDOEN, Senior Associate in Commercial Law and Litigation, and Ewelina WASOWSKA, Head of the Family Office Department, attended the Eurojuris International Congress in Rome (12-15 October 2023).
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Increase in fixed and proportional registration fees, and partial exemption from registration fees for property transactions subject to VAT, from 1 October 2023
The amount of fixed registration duty has been increased (from €10) to €50 for all deeds. Deeds relating to increases in the share capital of commercial companies are newly subject to this duty.
Proportional duties, applicable in particular to transfers of property and property rights, have also increased: for so-called transparent companies (from 4.50%) to 4.75%, for so-called non-transparent companies (from 7.50%) to 10%.
Finally, property transactions subject to VAT are now subject to a partial (rather than total) exemption set at half the applicable registration duties.
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Vehicle registration for business use (non-trading companies)
Sovereign Order no. 10.122 of 21 September 2023 (JDM no. 8663 of 6 October 2023) specifies that the exclusion from the benefit of registration with the wording "service vehicle" applies to "real estate sociétés civiles, as well as sociétés civiles whose advisory or management activities are mainly carried out for the benefit of their founders or partners and whose founders or partners are not domiciled in the Principality".
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Harassment and violence in the workplace
The Government has published a legal and practical guide entitled "Harassment and violence in the workplace" for employers, representatives and employees (Press release dated 19 October 2023).
Revaluation of minimum pay for hotel, café and restaurant staff from 1 October 2023
As a reminder, Rider no. 2 of 18 October 2022 to the Collective Bargaining Agreement for the Hotel Industry in Monaco of 1 July 1968, which introduced differentiated minimum wages according to qualifications and the different methods of remuneration (fixed or percentage), applies to all employers and employees in the hotel, restaurant and pub sector.
Pursuant to article 6 of Rider no. 2, changes in the salary scale must be based at least on changes in the hotel and catering salary scale applied in France (neighbouring economic region).
Non-working days with pay for 2024
The list of days off with pay for 2024 was published in Circular no. 2023-14 of 2 October 2023 (JDM no. 8664 of 2 October 2023).
Extension of paternity leave for employees (Bill no. 1083)
Bill no. 1083, received by the National Council on 17 October 2023, provides for an increase in the duration of paternity leave for employees to :
- 21 calendar days in the case of a single birth (currently 12) ;
- 28 calendar days in the event of multiple births or if the household already has at least 2 dependent children (currently 19).
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FAMILY • CRIMINAL
Monaco's commitment to combating violence against women
On the basis of the report by Béatrice FRESKO-ROLFO (Monaco, ALDE), the Parliamentary Assembly of the Council of Europe unanimously adopted Resolution 2514 (2023) on 11 October 2023, calling on States to take measures to prevent and combat a subject that remains taboo: violence (physical, sexual, psychological or economic) against women with disabilities, which encompasses a multitude of realities.
At the same time, the Council of Europe's Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO) visited Monaco from 2 to 5 October 2023 as part of the 1st round of thematic evaluation to monitor the implementation of the Istanbul Convention.
A new digital tool has been available in the Principality since the end of September 2023, the result of a partnership between the Committee for the Promotion and Protection of Women's Rights and the French association Résonantes: the App-Elles® solidarity application for victims and witnesses of sexist and sexual violence.
In addition, Bill no. 1074, currently studied by the Parliament (Conseil National), provides for the introduction of a compensation mechanism for victims of sexual offences and domestic violence, helping to "better recognise the devastating nature of violence against women".
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Declaration of assets and interests by members of the Government
The Secretariat General of the Government has published a press release (JDM no. 8666 of 27 October 2023) stating that Mr Marco PICCININI, Government Councillor-Minister for Finance and the Economy, has submitted a declaration of assets and interests, pursuant to article 12 of Sovereign Order no. 9.931 of 15 June 2023 laying down the principles and rules of ethics, professional conduct and compliance for Members of the Government.
Reappointment of a Councillor of State
Sovereign Order no. 10.162 of 20 October 2023 (JDM no. 8666 of 27 October 2023) renews the appointment of Mr Gilles PELLISSIER, French Councillor of State, as Councillor of State for a period of 3 years, with effect from 5 November 2023.
Increase in the basic salary of State and municipal civil servants
Ministerial Decree no. 2023-607 of 16 October 2023 (JDM no. 8665 of 20 October 2023) increased the basic salary for index 100 (article 29 of Law no. 975 of 12 July 1975 on the status of State civil servants and article 27 of Law no. 1. 096 of 7 August 1986 on the status of civil servants in the Commune) to the annual sum of €7,998.84 from 1 October 2023 (compared with €7,825.85 from 1 April 2023 to 30 September 2023 and €7,710.20 from 1 September 2022 to 31 March 2023).
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Appointment of members of the Supreme Court
Sovereign Order no. 10.137 of 6 October 2023 (JDM no. 8664 of 13 October 2023 - Erratum JDM no. 8665 of 20 October 2023) appoints the full and alternate members of the Supreme Court, for a non-renewable period of 8 years. Mr Stéphane BRACONNIER and Mr José MARTINEZ have been appointed President and Vice-President of the Supreme Court respectively.
Appointment of the Guardianship Judge and the Substitute Guardianship Judge
By Order of the Secretary of State for Justice, Director of Judicial Services no. 2023-34 of 28 September 2023 (JDM no. 8663 of 6 October 2023), Ms Léa PARIENTI spouse GALFRÉ, Judge at the Court of First Instance, was appointed to perform the duties of Guardianship Judge. Mr Patrice FEY, Judge at the Court of First Instance, has been appointed to replace her in these functions, in the event of impediment.
Appointment of the members of the Superior Court of Arbitration for Collective Labour Disputes
Sovereign Order no. 10.161 of 20 October 2023 (JDM no. 8666 of 27 October 2023) appoints Ms Sandrine LEFEBVRE, Councillor at the Court of Appeal, as a full member (replacing Ms Magali Ghenassia), and Mr Patrice FEY, Judge at the Court of First Instance, as an alternate member (replacing Mr Olivier Schweitzer), until 1 March 2024.
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COMPARATIVE LAW • CIVIL
Attempt at amicable resolution compulsory in France for certain civil disputes from 1 October 2023
Article 750-1 of the French Code of Civil Procedure (reintroduced in an amended version following its previous annulment by the French Conseil d'Etat) makes the admissibility of certain civil claims before the courts subject to a prior attempt at amicable resolution of the dispute.
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TRAFFIC • PARKING
New blind spot warning requirement for heavy vehicles
Sovereign Order no. 10.130 of 29 September 2023 (JDM no. 8663 of 6 October 2023) makes it compulsory for vehicles with a gross vehicle weight of more than 3.5 tonnes to carry signs (visible from the sides and rear of the vehicle) indicating the position of blind spots from the driver's seat. Vehicle owners have 6 months to comply with the requirements set out in the appendix to Ministerial Order no. 2023-590 of 29 September 2023.
New provisions for public car parks from 1 November 2023
The new internal regulations for public car parks are appended to Ministerial Decree no. 2023-551 of 21 September 2023 (JDM no. 8663 of 6 October 2023). In addition, Ministerial Decree no. 2023-550 sets out the new general conditions of sale for season tickets and parking passes.It should be noted that Sovereign Order no. 10.123 of 21 September 2023 gave new powers to sworn officers of the Public Car Parks Service who will be able to record and stop parking offences in public car parks and impound vehicles.
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Nov 29, 2023
Draft law no. 259 adopted: conventional termination of the employment contract, presumption of resignation in the event of voluntary abandonment of position and other modifications of Law no.729
Nov 24, 2023
Integration of maternity leave into the scheme for self-employed workers affiliated to CAMTI (Bill no. 1086)
Nov 23, 2023
Right to oblivion (creditor insurance) and other measures to facilitate access to credit (Bill 1085)
Nov 17, 2023
The repercussions of the Digital Services Act (DSA) beyond the European Union
Nov 2, 2023
Fight against violence against women (Council of Europe Istanbul Convention)
Oct 10, 2023