The Principality of Monaco strengthens its legal instruments to fight money laundering

Accueil - Publications - The Principality of Monaco strengthens its legal instruments to fight money laundering

Par Edouard Mousny

The Principality of Monaco strengthens its legal instruments to fight money laundering.

On 30th November 2022, in the context of the fifth evaluation cycle of the Principality of Monaco carried out by the MONEYVAL Committee, the National Council adopted :

Law No. 1.535 on the seizure and confiscation of instrumentalities and proceeds of crime, which has two objectives:

  • on the one hand, within the framework of the Monetary Agreement concluded by the Principality of Monaco with the European Union on 29th November 2011, it transposes into domestic law the provisions of Directive 2014/42/EU of the European Parliament and of the Council of 3rd April 2014 on the freezing and confiscation of instrumentalities and the proceeds of crime in the European Union; and
  • on the other hand, it responds to the observations of the MONEYVAL Committee and the FATF recommendations, concerning the anti-money laundering and countering the financing of terrorism system implemented in Monaco.

Law No. 1.536 amending Title XI of Book IV of the Code of Criminal Procedure relating to international judicial assistance, which is intended to :

  • to formalize the procedure for requesting international judicial assistance;
  • to clarify the treatment of foreign requests issued for political purposes or that do not comply with the procedural principles laid down by the European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950; and
  • to regulate seizure measures taken pursuant to a request for international legal assistance.

– Law No. 1.537 supplementing Law No. 1.362 of 3rd August 2009 on the fight against money laundering, terrorist financing and corruption, which specifies, on the recommendation of the MONEYVAL Committee, that professionals carrying out a domiciliation activity are subject to the legal provisions on the fight against money laundering, terrorist financing and corruption

These new legal provisions, which came into force on 17th December 2022, represent a further step forward in the control of anti-money laundering and reflect the Principality of Monaco’s desire to meet the highest international standards.

GORDON S. BLAIR has proven expertise in the implementation of compliance monitoring procedures and is available to assist its clients in these matters.

Our last news

Gordon S. Blair launches its official Instagram page

Gordon S. Blair launches its official Instagram page In an environment where information is increasingly shared through visual content, Gordon S. Blair is continuing to expand its digital presence with the launch of its official Instagram page. Complementing our presence on LinkedIn, this new platform reflects our commitment to sharing our expertise, news and insights into key legal, tax and wealth planning matters with a wider audience.   A new perspective on our firm Our Instagram account will offer a more visual insight into the world of Gordon S. Blair, highlighting the topics that shape our practice and our day-to-day work. You can expect content covering: international legal and tax developments developments in Monegasque law and key international legal frameworks our insights and expert analysis the major events in which the firm takes part content dedicated to Monaco and its attractiveness life at the firm and our commitments   International expertise For more than a century, Gordon S. Blair has advised an international clientele of private individuals, families, entrepreneurs, multinational groups and family offices on complex legal, tax and wealth planning matters with a strong cross-border dimension. Through our new Instagram presence, we aim to make these topics more accessible, share practical insights drawn from our experience and provide a window into the developments shaping the international environment in which our clients operate.   Follow us on Instagram: @gordonblair_monaco We are delighted to open this new channel of communication and look forward to connecting with you there.
See more

Edouard Mousny, Partner at Gordon S. Blair, recognised in the Spear's Legal Index 2026

A new international recognition for Gordon S. Blair   Gordon S. Blair is delighted to announce that Edouard Mousny, Partner at the firm, has been recognised in the Spear's Legal Index 2026 as one of its Recommended Aviation & Yachts Lawyers. This distinction acknowledges his expertise in advising an international clientele of high-net-worth individuals, families, entrepreneurs, family offices and private wealth structures on complex legal and tax matters relating to the acquisition, ownership, operation and succession of high-value assets, particularly in the fields of yachting and private aviation. Based in Monaco, Edouard Mousny regularly advises on matters with a significant cross-border dimension, involving multiple jurisdictions and requiring a coordinated approach across legal, tax and private wealth considerations. His practice notably encompasses acquisition structuring, asset governance, regulatory compliance and the long-term organisation and holding of strategic assets.   About Spear's Founded in the United Kingdom, Spear's is the leading publication dedicated to high-net-worth individuals (HNWIs) and their advisers. Internationally recognised, the magazine publishes the annual Spear's Indices, ranking leading professionals across a broad range of disciplines, including legal, tax, wealth management, family offices, real estate, art, aviation, yachting, philanthropy and immigration. Professionals are selected through an independent research process based on the assessment of their experience, market reputation, the sophistication of the matters they handle, as well as interviews with practitioners, clients and industry experts. Inclusion in the Spear's Legal Indices is widely regarded as one of the most respected distinctions for professionals advising an international private client base and reflects a recognised standard of excellence within the market.   Everyone at Gordon S. Blair extends its warmest congratulations to Edouard Mousny on this well-deserved recognition, which reflects the quality of his expertise.   Gordon S. Blair Law Offices - Spear's 500 Company Profile
See more

The Commercial Activity Lease: A New Tool to Strengthen Monaco's Economic Attractiveness?

At first glance, Bill No. 278, introducing a new Commercial Activity Lease, may appear to be a technical reform of Monaco's commercial lease framework. In reality, its purpose is much broader. It reflects a clear intention to adapt Monaco's legal system to the needs of a changing economy, where the mobility of businesses, capital and talent has become a key driver of competitiveness. As Monaco continues to diversify its economy, encourage innovation and address the challenges of limited commercial space, this reform could become another valuable tool in strengthening the Principality's international appeal.   A Proven Legal Framework For almost eighty years, Law No. 490 of 24 November 1948 has been one of the cornerstones of Monaco's commercial lease regime. By protecting commercial property rights, it has provided businesses with long-term security, making it particularly well suited to traditional activities whose value depends on the stability of their business premises. This framework remains highly relevant. However, the needs of businesses have evolved significantly. Start-ups, fintech companies, technology businesses and representative offices often value flexibility as much as, if not more than, long-term stability. Their growth frequently requires the ability to adapt quickly, including in relation to their business premises. This is precisely the objective of Bill No. 278. Rather than replacing the existing regime, it introduces an optional alternative designed to broaden Monaco's legal framework and offer businesses greater choice.   Greater Flexibility for Businesses The proposed Commercial Activity Lease is based on a simple principle: greater contractual freedom. Among its main features are: freely negotiated rent, no pas-de-porte (key money), a security deposit capped at three months' rent, annual rent reviews linked to an index, no automatic right to lease renewal, the tenant's right to terminate the lease after one year, subject to six months' notice.   Unlike the traditional commercial lease regime, this new framework places greater emphasis on business flexibility than on the protection of commercial property rights. In a Principality where commercial premises remain a scarce resource, this added flexibility could make it easier for new businesses to establish themselves, reduce entry costs and further enhance Monaco's attractiveness for international investors and entrepreneurs.   Finding the Right Balance Like any legislative reform, the proposal also raises important questions. Reducing the protections associated with commercial property rights could, in some sectors, affect the value and transfer of businesses. Likewise, in an already constrained property market, greater contractual freedom could place additional pressure on commercial rents. The challenge will therefore be to strike the right balance between two complementary regimes: a protective framework for businesses seeking long-term stability, a more flexible lease designed for innovative companies, growing businesses and new market entrants.   Supporting Monaco's Economic Strategy Beyond commercial lease law, Bill No. 278 reflects a broader development in Monaco's legislative approach. Today, the law is not only intended to protect economic operators; it is also an important tool for supporting economic growth and strengthening the Principality's international competitiveness. If adopted, the proposed Commercial Activity Lease would provide businesses with a flexible and practical legal option while preserving a long-established framework that has supported Monaco's economic development for nearly eight decades.   In Summary Bill No. 278 is not intended to replace the protective regime established under Law No. 490. Instead, it introduces an optional and more flexible alternative designed to meet the needs of a new generation of businesses while further strengthening Monaco's economic attractiveness.
See more