Law proposal n° 268 on the Monegasque Patrimonial Foundation

Accueil - Publications - Law proposal n° 268 on the Monegasque Patrimonial Foundation

The law proposal on the Monegasque Patrimonial Foundation was submitted to the General Secretariat of the Conseil National and registered by the latter on 10 June 2025 under number 268 and adopted in public session on 18 June 2025.

Monegasque foundation law has lagged behind developments in other European countries, such as Switzerland, Liechtenstein and the Netherlands.

 

However, legal instruments of this type are essential to meet the asset structuring needs of a significant proportion of Monegasque residents, particularly High Net Worth Individuals (HNWIs). These individuals are seeking the most effective solutions to protect high-value assets such as real estate, works of art and family property, to transfer company shares, or to guarantee the integrity of their estate in the event of inheritance or family disputes.

 

The patrimonial foundation could enable better management of copyright or even anticipate the future use of an art collection by specifying in its constitution that these assets must remain within the immediate family or be made accessible to the public in the form of loans to museums, for example.

 

This law proposal provides for the creation of a new type of foundation, in order to provide Monegasque law with an innovative wealth engineering tool.

 

This law proposal will allow for the creation of a legal entity under Monegasque law intended to manage assets primarily for the benefit of the founder’s family members. It may consist of real estate or movable property, such as shares in companies, but also intangible rights such as copyright.

 

Upon its establishment, the foundation must be endowed with a sum of not less than €10,000,000. In addition, the endowment may be made in kind. Furthermore, the Monegasque patrimonial foundation is intended exclusively for persons with a genuine link to Monaco, as the founder and the majority of the administrators must be domiciled there.

 

Among the measures provided for in the law proposal are the obligation to register the foundation in the special register kept by the Trade and Industry Register, to declare the identity of the beneficiaries and to register them in the register of beneficial owners (companies and economic interest groups), and to appoint a person responsible for basic information about the foundation and its beneficiaries.

 

https://www.conseil-national.mc/2025/06/18/n268-proposition-de-loi-relative-a-la-fondation-patrimoniale-monegasque/

Our last news

Monaco: a new balanced budget in 2026

Bill No. 1116 establishing the Initial General Budget for the 2026 fiscal year was tabled in public session and referred to the Commission on October 2, 2025. In view of the evolution of revenues and expenses, the 2026 Initial Budget shows a projected revenue surplus of €8.8 million. For the record, the 2024 financial year closed with a surplus of €192.7 million, while the 2025 Amended Budget shows a revenue surplus of €86 million. The 2026 budget forecasts revenues of €2.217 billion, up +5.7% (or +€118.6 million) compared to the 2025 Initial Budget (€2.098 billion) and expenditure forecasts of €2.208 billion, a slight increase compared to those in the 2025 Initial Budget (€2.187 billion, or +1%, or +€21.3 million). The main guidelines of this 2026 Preliminary Budget are as follows: Revenues for 2026 will increase by €118.6 million (+5.7%), driven by tax contributions (+€136.8 million), while state property revenues will decrease by €19.3 million (-4%). Despite this increase, they remain lower than in 2024 (–€107.7 million) and in the 2025 Amended Budget (–€272.7 million). Operating expenses increased by €41.7 million (+5%). On the other hand, investments fell by €56 million (-6.6%), particularly in acquisitions, the NCHPG, the CTVD and the Ilot Pasteur and Socle Charles III operations, while certain expenditures increased, such as the Villa Sauber (+€18.5 million), the Stade Louis II (+€23.1 million) and the National Housing Plan (+€48 million). In addition, the following actions are being pursued as part of the 2026 Preliminary Budget: Supporting the rollout of other major infrastructure projects, such as the renovation/reconstruction of Cap Fleuri and the renovation of public buildings; Continuing to strengthen resources for pedestrian mobility and digital transition; Supporting the Principality's attractiveness with the restructuring of Place des Moulins and the creation of a new operation dedicated to maintaining the Fontvieille Shopping Center. Finally, actions in the areas of social, cultural, sports, education, and quality of life continue to be supported in the 2026 Initial Budget by the State Budget.   Official source: https://www.conseil-national.mc/2025/10/01/n1116-projet-de-loi-portant-fixation-du-budget-general-primitif-de-lexercice-2026/
See more

Sovereign Ordinance implementing the law on the modernization of company law

Sovereign Ordinance No. 11.486 of 18 September 2025, published in the Journal de Monaco on 26 September 2025, implements Law No. 1.573 of 8 April 2025 on the modernization of company law. It regulates the transfer of acts performed on behalf of a company in formation. For commercial companies other than joint stock companies, the acts are appended to the articles of association and automatically transferred after registration, or may be signed by certain partners or the manager under a mandate. For public limited companies and limited partnerships with share capital, these acts are submitted to the constituent meeting, which may also appoint the first directors. After registration, any takeover requires a decision by the partners, unless otherwise provided for in the articles of association. For joint stock companies, the Ordinance sets out the content of the extract from the articles of association, provides for the publication of the choice of management method by the board of directors and imposes technical means to ensure the identification and participation of directors in the event of a videoconference. It defines the rules for convening, holding and recording general meetings of shareholders, specifying the mandatory information to be included in the notice of meeting, the minutes and the attendance sheet, the possibility of electronic signatures, and the procedures for representation by proxy. It determines the deadlines for the submission of draft resolutions, the communication of corporate documents prior to the meeting, the transmission of written questions and the deadlines for responses, and organizes the procedure for amending the articles of association, in particular by declaration to the Minister of State and publication in the Journal de Monaco. With regard to the public offering of financial securities or the admission of financial securities to trading on a foreign regulated market, which is subject to prior authorization by the Minister of State, the Ordinance stipulates that the application for authorization must contain the same information and documents as those that the public limited company must submit to the stock market authorities of the market concerned. With regard to the conciliation procedure, the application for conciliation must be accompanied by the registration extract, the statement of claims and debts, the securities, the annual accounts and the financial tables for the last three financial years, specifying, where applicable, the date of cessation of payments and the identity of the proposed conciliator. The Ordinance also regulates the time limits for the manager to respond to written questions and the procedures for their transmission prior to general meetings. The provisions of this Ordinance enter into force on 30 September 2025. https://journaldemonaco.gouv.mc/Journaux/2025/Journal-8766/Ordonnance-Souveraine-n-11.486-du-18-septembre-2025-portant-application-de-la-loi-n-1.573-du-8-avril-2025-relative-a-la-modernisation-du-droit-des-societes
See more

Bill No. 1.112 : new legal provisions for accounting and auditing

The bill amending various provisions relating to chartered accountancy, statutory auditing and corporate accounts was submitted to the General Secretariat of the National Council and registered by the latter on 25 July 2025 under number 1.112. The role of statutory auditor within Monegasque companies is one of the pillars of corporate governance. Changes in corporate practices and new requirements in terms of transparency and accountability now necessitate a targeted review of this system. This bill aims to modernise the profession of chartered accountant and certified public accountant, as well as the functions of statutory auditor and contribution auditor, following the passing of Law No. 1.573 of 8 April 2025 on the modernisation of company law, of which it constitutes an operational and thematic extension. The Prince's Government emphasised its desire to enhance the transparency, accountability and attractiveness of the legal framework applicable to Monegasque companies. The bill thus aims to complete the reform initiated by focusing on the effectiveness of statutory audits, the protection of shareholders and the strengthening of third-party confidence. This text provides in particular for: - strengthening the conditions for access to and practice of the profession of chartered accountant, integrating the profession of certified accountant into that of chartered accountant and redefining their responsibilities; - supplementing the rules on incompatibilities applicable to contribution auditors and statutory  auditors; -    adapting the system of criminal penalties in order to ensure a fair balance between the effectiveness of account auditing obligations and the constraints on businesses; - introduce the concept of a ‘public interest entity’ and allow for a term of office extended to twenty-four fiscal years for auditors of such entities in order to ensure stability of control; - to establish the obligation for certain companies known as ‘parent companies’ to prepare and file consolidated accounts. This would apply to public limited companies or limited partnerships with share capital that carry out commercial activities, as well as commercial companies, provided that they exercise exclusive or joint control over one or more legal persons or entities. This reform will provide a coherent legal framework adapted to the contemporary international challenges facing the accounting profession and the functions of statutory auditors and contribution auditors, thereby strengthening legal certainty for companies, third parties and accounting professionals. https://www.conseil-national.mc/2025/08/08/n1112-projet-de-loi-portant-modification-de-diverses-dispositions-relatives-a-lexpertise-comptable-au-commissariat-aux-comptes-et-aux-comptes-sociaux/
See more