07
Nov
2024
Legal overview
Legal news
Banking and financial law
Companies and taxation
International and European law
Property and construction law
Insurance law
Commercial law
Labour law
IT and communication law
Personal data
Public law
Family Office
Arbitration and mediation
Compliance
2024
Legal overview — Legal news
Banking and financial law — Companies and taxation — International and European law — Property and construction law — Insurance law — Commercial law — Labour law — IT and communication law — Personal data — Public law — Family Office — Arbitration and mediation — Compliance
Monthly Legal Overview (October 2024)
99 AVOCATS is pleased to offer you a selection of legal news in Monaco for the month of October (texts published in the Journal de Monaco, legislative work), its events and other publications.
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EVENTS
◾"The right to a bank account" presented to the Club des Résidents Etrangers de Monaco
Ewelina WASOWSKA and Victor BARDAWIL presented the legal and practical aspects of the right to a bank account in the Principality to members of the Club des Résidents Etrangers de Monaco (CREM) on 23 October.
◾Eurojuris International Congress 2024
Guillaume CARDOËN et Ewelina WASOWSKA took part in Eurojuris International's annual congress and working groups in Birmingham from 10 to 13 October.
◾20 years of the Monaco Association of Women Entrepreneurs
Erika BERNARDI and Ewelina WASOWSKA at the 20th Anniversary Gala of the Association des Femmes Chefs d'Entreprises de Monaco (AFCEM) on 4 October.
The event marked the launch in the Principality of the annual #PinkOctober breast cancer campaign, organised by Pink Ribbon Monaco.
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TEXTS PUBLISHED IN THE JOURNAL DE MONACO
REAL ESTATE • BANKING
◾Energy audit to be provided in the event of a loan, bank guarantee or security interest
Ministerial Order no. 2024-530 of 3 October 2024 (JDM no. 8716 of 11 October 2024) amends Ministerial Order no. 2018-613 of 26 June 2018 on the thermal characteristics of new buildings, renovations of existing buildings and extensions.
A copy of the current energy audit, or the audit summary sheet, must be attached to any loan contract for the purchase or renovation of a property, any bank guarantee contract to cover the risk of unpaid rent, or any real property security created in favour of a banking institution.
PUBLIC • INSURANCE
◾Subsidiary State medical cover (from 1 January 2025): implementing regulations
Ministerial Order no. 2024-554 of 10 October 2024 (JDM no. 8717 of 18 October 2024) implements Law no. 1.562 of 2 July 2024 on subsidiary medical cover, a paid insurance scheme offered by the State (from 1 January 2025) to Monegasques and foreigners residing in Monaco on a stable and regular basis for at least 5 years, designed to compensate for the lack of cover provided by the private sector, regardless of the beneficiary's means.
SOCIAL • SAFETY AT WORK
◾Protection of workers in hyperbaric environments
Ministerial Order no. 2024-544 of 10 October 2024 amends Ministerial Order no. 2001-70 of 13 February 2001 with regard to compressed air breathing for work in hyperbaric atmospheres in establishments and on sites, which is now authorised up to a relative pressure of 5,000 hectopascals (5 bar) instead of 6,000 hectopascals (6 bar). Above that pressure, specific breathing mixtures must be used.
PUBLIC • RIGHTS & FREEDOM
◾High Commission for the Protection of Rights and for Mediation (ombudsman): extension of its remit
Sovereign Order no. 10.845 of 1 October 2024 (JDM no. 8717 of 10 October 2024) establishes the Office of the High Commissioner for the Protection of Rights and Mediation under a new legal framework in line with international standards, including a new remit to protect the rights of the child and an extended remit to protect rights and freedoms, with a self-referal power.
JUSTICE
◾Vacations periods for the 2024-2025 judicial year
By Order of the Secretary of State for Justice, Director of Judicial Services no. 2024-32 of 1 October 2024 (JDM no. 8715 of 4 October 2024), the Christmas vacation period is set from Monday 23 December 2024 to Friday 3 January 2025 inclusive, and the ‘Easter’ vacation period from Monday 7 April to Friday 18 April 2025 inclusive, for all courts.
◾Appointment of a judge responsible for the enforcement of sentences for the 2024-2025 judicial year
By Order of the Secretary of State for Justice, Director of Judicial Services no. 2024-31 of 23 September 2024 (JDM no. 8715 of 4 October 2024), Mr Thierry DESCHANELS, Judge at the Court of First Instance, is appointed to enforce sentences for the 2024-2025 judicial year. Ms Anne-Sophie HOUBART, Judge at the Court of First Instance, is appointed as deputy.
◾Appointment of a Councillor to the Court of Appeal
By Sovereign Order no. 10.833 of 25 September 2024 (JDM no. 8715 of 4 October 2024), Mrs Claude VICARD, First Councillor at the Administrative Court of Strasbourg, has been appointed Councillor at the Court of Appeal, with effect from 1 September 2024.
◾Appointment of the members of the Labour Court
By Sovereign Order no. 10.865 of 9 October 2024 (JDM no. 8717 of 18 October 2024), the members of the Labour Court (employer and employee representation ) were appointed until 3 October 2030.
STATE
◾Appointment of the members of the Crown Council
By Sovereign Order no. 10.870 of 16 October 2024 (JDM no. 8708 of 16 August 2024), the members of the Crown Council were appointed for a term of 3 years, commencing on 20 October 2024.
The Crown Council may be consulted on matters affecting the higher interests of the State, and must be consulted on the following matters: international treaties, dissolution of the Parliament, applications for naturalisation and reinstatement, pardons and amnesties (article 77 of the Constitution).
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OTHER PUBLICATIONS
#CYBERMONTH
◾Is my small business really at risk of being hacked?
The #cybermonth is the annual cyber security awareness campaign that we have been relaying, drawing attention to a persistent myth that only large businesses are really targeted by cyber attacks.
◾CCIN (personal data controller): publication of 6 memo sheets on IT security
As part of #cybermonth, the Commission de Contrôle des Informations Nominatives (CCIN) has published 6 memo sheets on ‘Internet’, ‘Social networks’, ‘Cookies’, ‘Public Wifi’, ‘Mobile telephony’ and ‘Instant messaging’.
CCIN memo sheets (FR)
PUBLIC • FIGHT AGAINST VIOLENCE
◾New tool to measure the scale of violence
On 17 October, the Committee for the Promotion and Protection of Women's Rights published a tool to measure the ‘scale of violence’ (a bilingual French/English brochure in two versions, one for adults and the other for young people) developed in partnership with the Department of Social Action and Assistance and the Department of National Education, Youth and Sport to help victims of violence become more aware.
FATF • MONEYVAL
◾Meeting of the Coordination and Monitoring Committee for the National Strategy to Combat Money Laundering, the Financing of Terrorism and the Proliferation of Weapons of Mass Destruction and Corruption
On 30 October, the Committee met in plenary session (attended by all the competent authorities, the Parliament and representatives of the private sector) 'for an update after the Principality was placed on the list of jurisdictions under increased monitoring (the “grey list”) by the Financial Action Task Force (FATF)'. (Press release from the Government, 31 October 2024, Stakeholders in Principality fully committed to ensuring removal from FATF “grey list”).
TAXATION • UK
◾Abolition of the ‘non-dom’ (non-domicile) tax regime (Autumn Budget)
The Budget of 30 October (pp. 4 and 117) abolishes the ‘non-dom’ status and introduces a new
residence-based regime: ‘remove the 50% discount on foreign income in 2025-26; apply inheritance tax; set Capital Gains Tax rebasing date at 5 April 2017; and extend the Temporary Repatriation Facility from two to three years.’
HM Treasury Autumn Budget 2024
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LEGISLATIVE WORKS
BANKING
◾Adoption of Draft Law no. 263 amending Law 1.492 of 8 July 2020 on the introduction of a right to a bank account
The main aim of Draft Law no. 263, which was adopted in the Public Session of 17 October 2024, is to strengthen the effectiveness of the right to a bank account (implicit refusal giving entitlement to refer the matter to the Budget and Treasury Department, extension to specific situations involving collective accounts and account termination, rapid legal recourse). Specific provisions concern persons subject to the obligation to open and hold a bank account in the Principality for the purposes of exercising their professional activity.
GUARANTEE
◾Tabling of Bill no. 1102 amending Article 4 of Ordinance-Law no. 676 of 2 December 1959 on the pledging of motor vehicles
The main purpose of Bill no. 1102, tabled in the Public Session of 15 October 2024, is to secure the creditor's situation during the period of registration of the pledge, by enshrining the principle of retroactivity of the date of registration of the pledge to the date of registration of the vehicle.
PUBLIC HEALTH
◾Tabling of Bill no. 1104 amending Law no. 1.346 of 9 May 2008 on protection against smoking
Bill no. 1104, tabled in Public Session on 17 October 2024, aims to adapt Monegasque legislation to the development of the tobacco market, including electronic devices, to strengthen the protection of minors, to extend the bans on smoking or consumption and on distance selling, with criminal sanctions.
The Government supports the approach taken by the Parliament, which on the same day adopted Draft Law no. 264 banning the sale and consumption of single-use electronic vaping products (‘puff’).
PUBLIC HEALTH
◾Tabling of Bill no. 1101 making certain vaccinations previously recommended for children compulsory
The main purpose of Bill 1101, tabled in the Public Session of 8 October 2024, is to update the list of compulsory vaccinations for people born on or after 1 January 2025 (harmonisation with French legislation).
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Other publications