Law proposal n° 269 on trusts

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The law proposal on trusts was submitted to the General Secretariat of the Conseil National and registered by the latter on 10 June 2025 under number 269.

A trust is a transfer of ownership limited in substance and duration, which has various interests that distinguish it from other legal arrangements:

– a management trust, which allows a professional manager to be entrusted with a number of assets of different kinds in order to benefit from their expertise and management resources for the benefit of the settlor or beneficiaries;

– security trusts, which allow the settlor to grant the creditor a security interest in the assets transferred to them and to strengthen their control over the repayment of their debt.

In Monaco, in 2010, a law proposal (n° 197) envisaged the “creation of trusts under Monegasque law” and in 2012 a draft law proposed an alternative to the “security trust” with a view to enriching Monegasque law with a “security ownership agreement”. Neither of these projects came to fruition, but they inspired the drafting of this law proposal.

This law proposal will enable Monegasque law to be adapted to developments in business practice in order to enrich the wealth engineering options that Monaco can offer with trust management and to strengthen Monegasque law on securities and companies in difficulty through the use of security trusts.

The law proposal n° 269 aims to establish trusts as a new legal instrument for asset management in Monegasque law.

The law proposal comprises eight chapters and forty-four articles.

https://www.conseil-national.mc/2025/06/10/n269-proposition-de-loi-relative-a-la-fiducie/

 

 

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