Legal Environment

2023 01 17 GiacardiFollowing the Russian invasion of Ukraine, the Principality is, in accordance with its international commitments, applying the European Union sanctions which freeze the assets of individuals and organisations with links to the Kremlin. These complex sanctions impact both the individuals targeted and those with whom they have links.

2023 01 14 Arnaud ZABALDANOThe role of the CERC. The CERC is an advisory body commissioned by the Minister of State. It is made up of nine members (two government advisors, appointed as Chair and Vice-Chair of the CERC, two judges from the Court of First Instance and five individuals appointed by the Minister of State on account of their area of expertise). Its role is to review the audit reports produced by SICCFIN which highlight serious, repeated or systematic breaches attributable to an individual or organisation subject to such audits in violation of their due diligence obligations with regard to money laundering, terrorist financing and corruption. Following the proceedings, the CERC produces a report expressing an opinion on the alleged breaches and, where necessary, sends the Minister recommendations regarding sanctions, which can range from a warning to more severe penalties (a ban on conducting certain operations, a temporary suspension of functions, a temporary revocation of the right to operate and work permit, substantial monetary penalties, etc.).

2023 01 10 VDEFLaure CANAS DA SILVA, Head of Regulatory at Edmond de Rothschild Monaco, is also President of the recently created Monegasque Association for Sustainable Finance (AMFiD). A role of influence.

2023 01 10 CMSIn line with the European trend, the Principality of Monaco has established administrative authorities whose role is to assess breaches of certain financial laws committed by professionals and, when applicable, to propose or impose administrative sanctions. Those authorities include (i) the Audit Report Review Commission (“CERC”), created by Act N°1.462 of June 28, 2018 (for AML/CFT matters) and (ii) the Financial Activities Supervisory Commission (“CCAF”), created by Act N°1.338 of September 7, 2007 (for financial matters) but recently subject to reforms.

2023 01 05 CCINIn the world of data, data processing has become the ultimate sensitive subject, particularly when it comes to personal data. Agnès LEPAULMIER, Secretary-General of the CCIN, offers an update on how the Authority’s work is changing.

2022 12 22 SICCFINOn the effort to prevent money laundering, SICCFIN (Service d’Information et de Contrôle sur les Circuits Financiers) has been very busy with the MONEYVAL National Risk Assessment and the fallout from the conflict between Russia and Ukraine. We talk to Michel HUNAULT, the Director-General of the Principality’s anti-money laundering authority.

2022 12 21 GordonSBlairLaw 1.515 of 23rd December 2021, resulting from Bill 1.035 and amending law 1.338 of 7th September 2007 on financial activities in the Principality, came into force on 7th January 2022.

2022 12 19 CCAFThe last months have been marked by a new law modifying and dusting off the law 1338 on financial activities voted in 2007. Magali VERCESI, Secretary General of the CCAF, details its effects.

2022 12 16 MetaversJérémy GENIN, Chief Investment Officer of Monaco Asset Management, discussed the monetisation of Metaverse at the META ENTERTAINMENT WORLD Summit in Monaco. The associations NFT, Blockchains, Cryptos and Meta World, not always relevant, blur the lines.

2022 11 16 gel de fonds 2The Budget and Treasury Department, in collaboration with the Digital Services Department launches a new website https://geldefonds.gouv.mc/.

2022 11 02 adhesion ccafThe Secretary General of the Commission de Contrôle des Activités Financières, Magali Vercesi, attended the annual Congress of the International Organisation of Securities Commissions (IOSCO) from 17 to 19 October.