06
Oct
2023
Legal overview
Criminal law
International and European law
IT and communication law
Yatching and maritime law
Public law
Family Office
Compliance
2023
Legal overview
Criminal law — International and European law — IT and communication law — Yatching and maritime law — Public law — Family Office — Compliance
Monthly Legal Overview (September 2023)
99 AVOCATS is pleased to propose a selection of legal news from Monaco in September 2023.
* * *
MONEYVAL•COMPLIANCE
Due diligence obligations and internal organisation of professionals subject to Law 1.362 (Part I)
The new provisions of Law 1.362 on the fight against money laundering, financing of terrorism and proliferation (resulting from Law 1.549 of 6 July 2023 - Part I) and its implementing Sovereign Order 2.318 (resulting from Sovereign Order 10.124 of 21 September 2023) came into force on 30 September 2023.
New features include the identification and verification of the identity of clients that are associations, federations of associations or foundations, and of their beneficial owners. The professionals must also carry out ongoing checks on the good repute of their directors, shareholders, partners and beneficial owners.
Transparency of legal entities (Part II)
The new legal and regulatory obligations applicable to commercial companies and economic interest groupings (GIE), non-trading ("civil") companies (from 25 September 2023), associations and federations of associations, and foundations (from 30 September 2023) stem from Law 1.550 of 10 August 2023 - Part II.
They focus on strengthening control and access by the competent authorities to "basic information" and information on beneficial owners (adequate, accurate and up-to-date), measures to ensure that legal persons are not used for terrorist financing purposes, and penalties.
Associations
Foundations
Non-trading ("civil") companies
Commercial companies
* * *
PUBLIC•GOVERNMENT
Appointment of the Government Councillor-Minister for Finance and the Economy ("Conseiller de Gouvernement-Ministre des Finances et de l’Économie")
Mr Marco PICCININI, Special Adviser to the Minister of State, has been appointed Government Councillor-Minister for Finance and the Economy with effect from 15 September 2023 by Sovereign Order 10.096 of 12 September 2023 (JDM no. 8660 of 15 September 2023). He succeeds Jean Castellini.
Declarations of assets and interests by members of the Government
The Secretariat General of the Government has published a press release (JDM no. 8662 of 29 September 2023) stating that Government Councillors-Ministers for External Relations and Cooperation, Public Works, the Environment and Town Planning, the Interior and Social Affairs and Health-are required to submit declarations of assets and interests, pursuant to article 12 of Sovereign Order 9. 931 of 15 June 2023 setting out the principles and rules of ethics, professional conduct and compliance for members of the Government.
Ethical, deontological and compliance rules
* * *
PUBLIC•JUSTICE
Appointment of a judge responsible for the enforcement of sentences ('juge chargé de l'application des peines")
Mr Thierry DESCHANELS, Judge at the Court of First Instance, is responsible for the enforcement of sentences for the 2023-2024 judicial year and, in the event of his impediment or absence, Ms Anne-Sophie HOUBART, Judge at the Court of First Instance, is appointed as substitute, by Order of the Secretary of State for Justice, Director of Judicial Services 2023-33 of 21 September 2023 (JDM no. 8662 of 29 September 2023).
Judicial vacations 2023-2024
The Order of the Secretary of State for Justice, Director of Judicial Services 2023-32 of 21 September 2023 (JDM no. 8662 of 29 September 2023) set the Christmas vacation period for all courts from Monday 25 December 2023 to Friday 5 January 2024 inclusive, and the "Easter" vacation period from Monday 22 April to Friday 3 May 2024 inclusive.
* * *
PUBLIC•YACHTING
New General Regulations for the Ports of Monaco ("Règlement général des ports de Monaco")
The new General Ports Regulations, annexed to Ministerial Order 2023-503 of 7 September 2023 (JDM no. 8661 of 22 September 2023), apply to all users.
It sets out the rules governing the use of port facilities and installations made available to the Société d'Exploitation des Ports de Monaco (SEPM) by the Principality, in accordance with the concession contract and its specifications (access and residence of ships, use of port facilities and installations, navigation and safety, pollution prevention and control, civil and criminal liability).
* * *
PUBLIC•FAMILY OFFICE
Exchange of foreign driving licence if "normal residence" is established in Monaco
As a reminder, holders of a foreign driving licence must request that it be exchanged for a licence issued by the Service des Titres de Circulation during the year following the acquisition of their "normal residence" in the Principality.
Sovereign Order 10.111 of 14 September 2023 (JDM no. 8661 of 22 September 2023) added to the traffic regulations ("Code de la route", article 116) a definition of the concept of "normal residence", namely "the place where a person usually lives, i.e. for at least 185 days per calendar year, due to personal and professional ties, or, in the case of a person with no professional ties, due to personal ties revealing close links between themselves and the place where they live".
* * *
PUBLIC•OPERATOR OF VITAL IMPORTANCE•IT
Fight against cybercrime
Ministerial Decree 2023-556 of 21 September 2023 (JDM no. 8662 of 29 September 2023) amended Ministerial Decree 2018-1053 of 8 November 2018 implementing article 27 of Law 1.435 of 8 November 2016 on the fight against technological crime.
It introduces definitions (incident, cyberthreat...), recasts the system for notifying security incidents to the Monegasque Digital Security Agency (AMSN) and, where applicable, to the Directorate of Public Safety, and for informing recipients of a major cyberthreat, by the Principality's Vital Importance Operators ("opérateur d'importance vitale" OIV).
* * *
PUBLIC•HEALTH
Palliative care and support for people at the end of life (Bill 1081)
Bill 1081 on the development of palliative care and support for people at the end of life was received by the Parliament (Conseil National) on 26 September 2023.
It aims to enshrine and clarify in law the provisions of the Code of Medical Ethics concerning the "alleviation of suffering" while respecting consent, to provide a legal framework for volunteers from associations whose purpose is to support people in palliative care, and finally to create a "declaration of end-of-life wills" (not to be confused with the French "advance directives").
* * *
Other publications