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: legislative proposal seeks to encourage the relocation and transparency of foreign entities holding real estate

On 2 April 2026, Monaco’s National Council adopted Legislative Proposal No. 276. The proposal pursues a dual objective: encouraging foreign entities owning real estate in Monaco to relocate to the Principality, and enhancing their transparency. It was transmitted to the Prince’s Government on 3 April 2026. Relocation to Monaco with continuity of legal existence The first key element of the proposal concerns the relocation mechanism itself. Subject to certain conditions, the entities concerned could relocate to Monaco while preserving their legal existence. The relocation would nonetheless be subject to a framework. In particular, the entities would need to correspond to a legal form recognised under Monaco law and comply with the applicable Monaco rules. A temporary exemption from proportional registration duties To facilitate these transactions, the proposal provides for exemptions from proportional registration duties for certain relocations and property contributions. This favourable regime would be time-limited: it would apply for a three-year period following the future law’s entry into force. Introduction of a 1% annual levy In parallel, the proposal would introduce an annual levy equal to 1% of the market value of the relevant property or property rights, calculated without deducting debt. Entities disclosing the identity of their ultimate beneficial owners annually would notably be exempt. This exemption is therefore consistent with the proposal’s objective of enhancing transparency. A legislative process still under way Adoption of a legislative proposal by the National Council does not bring it into force. The measures described above remain subject to the further legislative process, and their final terms may still change. Do you hold Monaco real estate through a foreign structure? Our team is available to assess the implications.

Monaco: proposed reform of private international law concerning succession and gifts

Legislative Proposal No. 272, adopted by Monaco’s National Council on 6 November 2025, seeks to modernise certain provisions of Monaco’s Private International Law Code relating to succession and lifetime gifts in an international context. The proposal is intended in particular to clarify a number of rules applicable to cross-border wealth transmission. Succession: reaffirming the unity of the applicable law In succession matters, the proposal would remove the provision referring to the deceased’s national law for the purposes of determining forced heirship protection. This would reaffirm the principle that a single law governs the succession as a whole. The proposal would also clarify the powers of Monaco’s courts to take the steps necessary to administer an estate in certain international situations, irrespective of the law governing the succession. Lifetime gifts: clarification of the applicable law The proposal also addresses the rules governing lifetime gifts. It would clarify how the applicable law is determined and provide expressly for Monaco law to govern gifts of real estate located in the Principality. The text would also clarify Monaco’s international public policy exception, while taking account of rights lawfully acquired abroad. A reform still in the legislative process On 7 May 2026, the Prince’s Government confirmed its support for converting the legislative proposal into a government bill. The bill must be submitted by 10 May 2027. At this stage, the proposed measures are not yet in force. Their final scope will depend on the future government bill and the subsequent legislative process.

Monaco: proposed Patrimonial Foundation to support wealth management and succession planning

Legislative Proposal No. 268 concerning the Monaco Patrimonial Foundation seeks to introduce a new legal structure for the management and transfer of wealth, primarily for the benefit of the founder’s family. With its own legal personality, the foundation could hold assets including real estate, company shares and intangible rights. A new wealth-holding structure The proposal provides for an initial cash endowment of at least €10 million. Establishing the foundation would require authorisation from the Minister of State and registration. Its operation would also be subject to specific governance, accounting and transparency requirements. The founder and at least a majority of the administrators would need to be domiciled in Monaco or, in the case of legal entities, have their registered offices in the Principality. An expressly regulated purpose The Monaco Patrimonial Foundation would be intended to manage and transfer wealth and could engage in commercial activities only on an ancillary basis. Assets transferred to the foundation would also remain subject to any forced heirship protection provided for by the law applicable to the succession. The proposed framework therefore combines a wealth structuring tool with safeguards designed to take account of succession rules that may apply in an international context. A reform still in progress On 19 December 2025, the Prince’s Government confirmed its support for converting Legislative Proposal No. 268 into a government bill. The bill must be submitted by 23 December 2026. At this stage, the Monaco Patrimonial Foundation remains a proposed framework. Its final scope and practical requirements will depend on the next stages of the legislative process.