On November 5, 2013, Monaco signed the OEDC international agreement on “Transparency and Exchange of Information for Tax Purposes.” The “Observateur de Monaco” magazine gives voice to local experts. Gordon S Blair Law Offices gives its position on the subject.
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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
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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.
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Monaco Brings into Force the Tax Treaty with the United Arab Emirates
By Sovereign Ordinance No. 11.964 of 12 June 2026, published in the Journal de Monaco, the Principality has brought into force the Convention between the Principality of Monaco and the United Arab Emirates for the Elimination of Double Taxation with respect to Taxes on Income and the Prevention of Tax Evasion and Avoidance.
Signed in Dubai on 13 November 2021, the Convention entered into force for Monaco on 12 June 2026. Its implementation represents a further step in the expansion of Monaco's tax treaty network and strengthens the legal certainty of cross-border economic relations between Monaco and the United Arab Emirates.
Key Features of the Convention
The Convention is designed, in particular, to:
allocate taxing rights between Monaco and the United Arab Emirates in order to eliminate double taxation;
establish mechanisms to prevent tax evasion and tax avoidance;
strengthen administrative cooperation between the competent authorities of both jurisdictions;
provide a more secure legal framework for individuals and businesses with activities or investments in Monaco and the United Arab Emirates.
Practical Implications
The entry into force of this Convention is of particular importance for investors, multinational groups, family offices and private clients with interests in both jurisdictions.
As with any tax treaty, its practical application will depend on the interpretation of its specific provisions and their interaction with the domestic tax laws of each State. The Convention may have significant implications for the taxation of cross-border income, the structuring of international investments and the organisation of cross-border business activities.
Our firm regularly advises clients on the application of international tax treaties and assists them in assessing the practical implications of new tax developments affecting Monaco and cross-border transactions.
Reference: Sovereign Ordinance No. 11.964 of 12 June 2026 bringing into force the Convention between the Principality of Monaco and the United Arab Emirates for the Elimination of Double Taxation with respect to Taxes on Income and the Prevention of Tax Evasion and Avoidance.
Official text: https://legimonaco.mc/tnc/ordonnance/2026/06-12-11.964/
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