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07

Oct
2025

Legal overview

Banking and financial law

Companies and taxation

Criminal law

International and European law

Property and construction law

Labour law

Yatching and maritime law

Public law

Family Office

07/ Oct
2025

Legal overview

Banking and financial law — Companies and taxation — Criminal law — International and European law — Property and construction law — Labour law — Yatching and maritime law — Public law — Family Office

Monthly Legal Overview (September 2025)

99 AVOCATS ASSOCIÉS is pleased to offer you a retrospective (selection) of legal news in Monaco in September (texts published in the Journal de Monaco, other publications, legislative work) and our events:

99 Avocats associés • Téléchargement

EVENTS

Leading the MEB/OECM Conference on "The criminal liability of company heads"

On 30 September, Erika BERNARDI, Partner, our associates Patricia KEMAYOU MENGUE and Paul TOMATIS co-leaded a conference organised by the Monaco Economic Board (MEB) in partnership with the Monaco Order of Chartered Accountants (OECM) on the topic of "The criminal liability of company heads in light of the changes introduced by the law on the modernisation of companies and the AML/FT-P texts".

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◾Participation in the NORTON ROSE FULBRIGHT event

On 25 September, Grégoire GAMERDINGER, Partner, our associates Patricia KEMAYOU MENGUE and Sophie SCHUMACHER, had the pleasure of representing 99 AVOCATS ASSOCIÉS at the cocktail reception organised by NORTON ROSE FULBRIGHT (NRF) in the exceptional setting of the Musée des Arts et Métiers in Paris.

◾Training in labour law for the Association of Women Entrepreneurs of Monaco (AFCEM)

On 16 September, Erika BERNARDI, Partner, had the pleasure of leading a training session on the topic of "Dismissal and Article 6 in Monaco" organised by the AFCEM, of which she is also the Secretary General.

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◾Global Leaders Annual Wealth Management Forum

On 9 and 10 September, our associate Patricia KEMAYOU MENGUE took part in the 6th Annual Wealth Management Forum organised by the Global Leaders Forum in London.

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99 Avocats associés • JO

TEXTS PUBLISHED IN THE JOURNAL DE MONACO

BANKING • FINANCIAL

Usury rate (determination): revision for loans and overdrafts

Sovereign Order No. 11.478 of 10 September 2025 (JDM No. 8765 of 19 September 2025) sets the new ‘average rates applied under the same conditions by bona fide lenders’ for individuals and businesses, effective from 20 September 2025.

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COMPANIES

◾Modernisation of company law: implementing regulations, effective 30 September 2025

Sovereign Order No. 11.486 of 18 September 2025 (JDM No. 8766 of 26 September 2025) implements Law No. 1.573 of 8 April 2025. The regulatory provisions, as well as those of Article 1672-5 of the Civil Code (partnership agreement), Title III (joint stock companies) and Title V (conciliation procedure) of Law No. 1.573, entered into force on 30 September 2025.

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SOCIAL • Appointments

Commission responsible for assessing the residual earning capacity of victims of workplace accidents

Ministerial Order No. 2025-508 of 18 September 2025 (JDM No. 8766 of 26 September 2025) appoints, for a term of three years starting on 1 May 2025, the full and alternate members representing employers and employees of the Commission responsible for assessing the residual earning capacity of victims of workplace accidents.

PUBLIC • Health

Conditions for inspecting dispensaries and pharmacies: new regulations

Ministerial Order No. 2025-509 of 18 September 2025 (JDM No. 8766 of 26 September 2025) sets out the conditions for inspecting dispensaries and pharmacies for internal use provided for in Articles 119 and 122 of Law No. 1.518 of 23 December 2021 on the practice of pharmacy: sample collection report (details, content, signature or refusal to sign); comments by the manager of the inspected facility on the report communicated by the director of health action.

PUBLIC • Marine Environment

◾Recreational fishing from the shore: extension of the validity period of the prior declaration

Sovereign Order No. 11.476 of 10 September 2025 (JDM No. 8765 of 19 September 2025) amends Article O.244-8 of the Sea Code relating to the control of shore-based angling, which is subject to declaration to the Maritime Affairs Directorate ("Direction des Affaires Maritimes"). This declaration must now be renewed every three years (instead of annually).

99 Avocats associés • Boule

SOCIAL

Reminder: employer obligations regarding the management of emergency first aid since 28 September 2025

Ministerial Order No. 2024-504 of 19 September 2024 (JDM No. 8714 of 27 September 2024), which specifies the conditions for managing emergency first aid for workers who have had an accident or are feeling unwell (first aid training, dedicated room if necessary, etc.) came into force on 28 September 2025.

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PUBLIC • Businesses

◾Sole trader : new online service

The new online service via the MonGuichet.mc portal allows users to submit their application for creation online (without physical presence), and then track the progress of their application.

Government Presse Release of 25 September 2025

INTERNATIONAL

◾42nd Assembly of the International Civil Aviation Organisation (ICAO)

As a State Party to the Convention on International Civil Aviation (Chicago Convention) and a member of the ICAO, a United Nations agency, Monaco took part in this important triennial diplomatic event, held from 23 September to 4 October in Montreal (Canada).

Government Press Release of 30 September 2025

◾Establishment of diplomatic relations with Trinidad and Tobago

Monaco and Trinidad and Tobago established diplomatic relations by signing a joint communiqué on 25 September in New York, on the sidelines of the general debate of the 80th session of the United Nations General Assembly.

Government Press Release of 30 September 2025

99 Avocats associés • Loi

LEGISLATIVE WORK

PUBLIC • SOCIAL

◾ Bill No. 1114 on "close carer"

Governement Bill No. 1114, received by the Parliament on 19 September, establishes the legal status of "close carer" ("proche aidant") for elderly people who have lost their independence, accompanied by the right for salaried close carers to take unpaid leave and adjust their working hours.

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PUBLIC • REAL ESTATE

◾Draft law No. 271 on certain real estate activities and professions

Parliamentary Draft law No. 271, received on 24 September (and voted on 2 October), aims to reform Law No. 1.252 of 12 July 2002 on the conditions for carrying out activities relating to certain transactions involving real estate and business assets, amended to raise the standards applicable to professionals in the real estate sector: new requirements for administrative authorisation, professional licence, compulsory training, commercial advertising, etc.

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