11
Nov
2025
Legal overview
Companies and taxation
Criminal law
International and European law
Property and construction law
Commercial law
Civil law
Labour law
IT and communication law
Public law
Family Office
Arbitration and mediation
Compliance
2025
Legal overview
Companies and taxation — Criminal law — International and European law — Property and construction law — Commercial law — Civil law — Labour law — IT and communication law — Public law — Family Office — Arbitration and mediation — Compliance
Monthly Legal Newsletter (October)
99 AVOCATS ASSOCIÉS is pleased to propose a retrospective (selection) of legal news in Monaco in October (texts published in the Journal de Monaco, other publications, legislative work) and events in which our team took part:
EVENTS
◾Eurojuris International Congress 2025
Our associates Guillaume CARDOËN and Ewelina WASOWSKA attended the Annual Congress of Eurojuris International, which took place in Rotterdam from 16 to 19 October.
◾Start of the judicial year
Speeches by members of the judiciary reviewed the activities of Monaco's courts and public prosecutor's office for the year 2024/25 and presented the priorities for the coming year.
◾Interview with Maeva ZAMPORI for MEDIASET
Maeva ZAMPORI, Partner, appeared in a report by Italian broadcaster MEDIASET on Monaco's attractiveness to top athletes.
◾Pink October
October reminded us of the importance of breast cancer prevention and screening. Every year, we are proud to be part of this campaign.
TEXTS PUBLISHED IN THE JOURNAL DE MONACO
SOCIAL
◾Donation of leave (private sector): implementing regulations
Sovereign Order No. 11.492 of 29 September 2025 (JDM No. 8768 of 10 October 2025) sets out the terms and conditions for the application of Law No. 1.547 of 22 June 2023 on the donation of leave: formalities for the beneficiary and the donor employee, employer's information obligations, and procedures for taking leave.
◾Severance pay: clarification on the reference to the "neighbouring economic region"
Sovereign Order No. 11.533 of 21 October 2025 (JDM No. 8771 of 31 October 2025) specifies that severance pay of the same nature paid to employees in Monaco (on permanent contracts and dismissed after at least two years of continuous service with the same employer, excluding serious misconduct) in the same professions, trades or industries in the neighbouring economic region (Article 1 of Law No. 845 of 27 June 1968) are understood to refer only to the legal minimum (which excludes any higher amounts set by local agreements or customs).
IT • Public
◾Strengthening cybersecurity obligations applicable to Operators of Critical Importance (OCIs)
Ministerial Order No. 2025-533 of 3 October 2025 (JDM No. 8768 of 10 October 2025) incorporates new obligations (and penalties) into Ministerial Order No. 2018-1053 of 8 November 2018: annual assessment of the security level of critical information systems (SIIV), accreditation of administrators, penalties for non-compliance with the obligation to report incidents, etc.
ENVIRONMENT • CLIMATE
◾New greenhouse gases reduction target for 2035
Sovereign Order No. 11.515 of 13 October 2025 (JDM No. 8769 of 17 October 2025) replaces Article O. 210-1 of the Environment Code, which sets out the State of Monaco's commitment to reduce direct greenhouse gases emissions on its territory by 55% in 2030 and 67.6% in 2035 compared to 1990 emissions, and to achieve carbon neutrality by 2050.
ADMINISTRATIVE
◾New conditions for granting administrative authorisations to operate taxis
Ministerial Order No. 2025-553 of 15 October 2025 (JDM No. 8769 of 17 October 2025) reforms administrative authorisations for taxi operation as a primary occupation (Monegasque nationals) and seasonal occupation (other applicants): conditions, administrative investigation, English and Italian language tests, etc.
JUSTICE
◾Christmas and Easter holiday periods for all jurisdictions
By Order of the Secretary of State for Justice, Director of Judicial Services No. 2025-25 of 9 October 2025 (JDM No. 8769 of 17 October 2025), the Christmas holiday period has been set from Monday 22 December 2025 to Friday 2 January 2026 inclusive, and the Easter holiday period from Monday 13 April to Friday 24 April 2026 inclusive.
◾Appointment of the Judge responsible for the enforcement of sentences and his deputy
By Order of the Secretary of State for Justice, Director of Judicial Services No. 2025-23 of 23 September 2025 (JDM No. 8767 of 3 October 2025), Mr Thierry DESCHANELS, Judge at the Court of First Instance, has been appointed to enforce sentences and Ms Anne-Sophie HOUBART, Judge at the Court of First Instance, has been appointed as his deputy for the 2025-2026 judicial year.
◾Appointment of members of the Superior Court of Arbitration for Collective Labour Disputes
By Sovereign Order No. 11.519 of 15 October 2025 (JDM No. 8770 of 24 October 2025), Mr Jérôme FOUGERAS LAVERGNOLLE, Judge at the Court of Appeal, was appointed as a full member and Ms Emmanuelle CASINI, Judge at the Court of Appeal, as an alternate member of the Court, until 1 March 2026 inclusive.
LEGISLATIVE WORKS
CRIMINAL
◾Bill No. 1118 establishing procedures for guilty pleas and criminal settlements (received)
Bill No. 1118, received on 15 October by the Parliament, modernises criminal procedure and brings it into line with FATF/MONEYVAL standards by introducing two more flexible and rapid judicial mechanisms for natural and legal persons.
REAL ESTATE
◾Bill No. 1117 amending Law No. 1.329 of 8 January 2007 on co-ownership of buildings, as amended (received)
Bill No. 1117, received on 15 October by the Parliament, generalises the obligation to open a separate bank account (dedicated to co-ownership) in the name of the co-owners' association for all property managers, whether voluntary or professional.
◾Draft law no. 271 relating to certain real estate activities and professions (adoption and transmission)
Draft law no. 271, adopted on 2 October, reforms Law no. 1.252 of 12 July 2002 in order to raise the standards applicable to professionals in the real estate sector (new requirements for administrative authorisation, professional licence, compulsory training, commercial advertising, etc.). It was transmitted to the Government on 6 October to be transformed into a bill.
COMPANIES
◾Bill No. 1112 amending various provisions relating to chartered accountancy, statutory auditing and corporate accounts (tabled)
Bill No. 1112, tabled in public session on 2 October and referred to committee, reforms the profession of chartered accountant and the functions of auditors for the accounts and contributions, the system of criminal penalties, and introduces the obligation for parent companies engaged in commercial activities to prepare and file consolidated accounts.
PRIVATE INTERNATIONAL LAW
◾Draft law No. 272 updating certain provisions of the Code of Private International Law (received and adopted)
Draft law No. 272, received by the National Council on 21 October (since tabled and adopted in public session on 6 November), reforms the Code of Private International Law with regard to international public policy, forced heirship, the issuance of documents necessary for the settlement of estates, gifts, and the temporal application of the provisions of the Code.
HERITAGE
◾Draft law No. 269 on fiducie (trusts) (adoption and transmission))
Draft law No. 269, adopted on 2 October, proposes to introduce the fiducie-gestion (trust management) and the fiducie-sûreté (trust security), civil law tools for asset organisation and debt guarantee, into Monegasque law. It was forwarded to the Government on 6 October to be converted into a bill.
PUBLIC
◾Bill No. 1110 amending Law No. 1410 of 2 December 2014 on the protection, autonomy and promotion of the rights and freedoms of persons with disabilities (tabled)
Bill No. 1110, tabled in public session on 2 October and referred to committee, revises financial assistance and access to disability status after the age of 60, provides greater protection for family carers, and improves remedies related to the assessment and guidance of persons with disabilities.
OTHER PUBLICATIONS
INTERNATIONAL
◾FATF Plenary: adoption of Monaco's second progress report
The Financial Action Task Force (FATF) adopted Monaco's second progress report at its Plenary Meeting in October 2025 (Government press release of 24 October 2025), demonstrating a "sustained increase in outbound requests to identify and seek the seizure of criminal assets abroad", the completion of "its resourcing program for its FIU", and the improvement of "judicial efficiency by increasing resources for prosecutors and increasing the seizure of property suspected to derive from criminal activities" (FATF Declaration of 24 October 2025).
◾Comprehensive anti-corruption strategy (5th GRECO evaluation cycle)
On 31 October 2025, the Steering Committee responsible for the anti-corruption strategy met for the third time (Government Press Committee of 31 October 2025), to implement the recommendations of the Group of States against Corruption (GRECO) as part of the 5th evaluation cycle concerning central governments (senior executive officials) and law enforcement agencies.
◾Participation in the 75th session of the WHO Regional Committee for Europe (RC75)
Monaco participated in the 75th session of the World Health Organisation Regional Committee for Europe, held from 28 to 30 October in Copenhagen (Press release of 31 October 2025), where the 53 Member States adopted the Second European Programme of Work 2026-2030 (EPW2), aligned with the Sustainable Development Goals.
Other publications