Monaco Legal News Overview – October 2022
#Labour #Covid-19 #AML/FT-C #SICCFIN #Justice #Realestate #Administration #Veterinary
GIACCARDI & BREZZO Avocats is pleased to propose a summary of the legal news of October 2022.
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Exceptional support bonus for employees outside the hotel and restaurant sector (“purchasing power” bonus)
Employers in the Principality, outside the hotel and catering sector falling under the NAF 5510Z, 5610A and 5630Z activity codes, have the option of paying an exceptional support bonus of a maximum amount of 3,000 € to all or some of their employees affiliated to the Social Services Compensation Fund (CCSS), who are actually employed and receive a gross monthly salary of less than 4,500 €.
This “purchasing power” bonus is exempt from social security contributions (derogation to article 15 of the CCSS internal regulations). It must be paid no later than November 30, 2022, in one or more installments.
Reference text : Ministerial Order No. 2022-531 of 11 October 2022 concerning the exceptional support bonus for employees in the Principality of Monaco, excluding the hotel and restaurant sector (JDM No. 8612 of 14 October 2022).
Exceptional measures to combat the epidemic of COVID-19
The Ministerial Decision of 7 October 2022, which repeals and replaces the Ministerial Decision of 20 May 2022, sets out the exceptional measures applicable in Monaco from 8 October 2022, namely:
- Preventive measures, including in the context of a professional, associative or religious activity;
- Cases where wearing a facemask is mandatory;
- Measures applicable to all professional, associative or religious activities (distributors of hydro-alcoholic products, cleaning and disinfection of premises, etc.);
- Control of compliance with the measures by the Direction de l’Action Sanitaire, the Direction du Travail, the Direction de l’Expansion Économique and the Direction de la Sûreté Publique;
- Administrative and penal sanctions in case of non-compliance with the measures.
Reference text: Ministerial Decision of 7 October 2022 setting out exceptional measures to combat the epidemic of COVID-19, taken pursuant to Article 65 of Sovereign Order No. 6.387 of 9 May 2017 on the implementation of the International Health Regulations (2005) (JDM No. 8611 of 7 October 2022).
Justice
Deputy Prosecutor General and Acting Prosecutor General
Mr Morgan RAYMOND, appointed Deputy Prosecutor General, is in charge of the functions of Acting Prosecutor General since 24 October 2022, pending the appointment of a new Prosecutor General.
He succeeds Mr Julien PRONIER in the functions of Acting Prosecutor General.
Reference document : Sovereign Order No. 9.500 of 17 October 2022 appointing a Deputy Prosecutor General and Sovereign Order No. 9.501 of 17 October 2022 appointing an Acting Prosecutor General (JDM No. 8613 of 21 October 2022).
Investigating Judges
Ms Sandrine LADEGAILLERIE, Judge at the Court of First Instance, has been appointed Investigating Judge for a period of three years, starting on 24 October 2022.
Mr Ludovic LECLERC, First Judge at the Court of First Instance, has been renewed in his functions as Investigating Judge for a period of three years, from 1st November 2022.
Mr Franck VOUAUX, Judge at the Court of First Instance, was reappointed as Investigating Judge for a period of three years, from 1 November 2022.
Reference texts: Sovereign Order No. 9.514, No. 9.515 and No. 9.516 of 2 November 2022 (JDM No. 8.615 of 4 November 2022).
Judges at the Court of First Instance
Mrs Sandrine LADEGAILLERIE, Vice-President of the Judicial Court of Toulon, seconded by the French Government, has been appointed Judge at the Court of First Instance, as from 1 October 2022.
Ms Catherine OSTENGO, Vice-President of the Judicial Court of Paris, seconded by the French Government, has been appointed Judge at the Court of First Instance, with effect from 1 October 2022.
Reference texts: Sovereign Order No. 9.512 and No. 9.513 of 20 October 2022 (JDM No. 8614 of 28 October 2022).
New provisions relating to SICCFIN questionnaires to be completed by regulated professionals mentioned in Article 1 of Law No. 1.362
Sovereign Order No. 8.510 of 20 October 2022 amends Sovereign Order No. 2.318 of 3 August 2009 setting the conditions for application of Law No. 1.362 of 3 August 2009 on the fight against money laundering, terrorist financing and corruption, as amended.
A new Article 35-2 is added to Sovereign Order No. 2.318 providing that SICCFIN shall distribute or make available to the reporting entities mentioned in Article 1 of Act Nr 1.362 all relevant questionnaires to which they are required to reply within the time limits and in the form specified by Ministerial Order, in order to establish the risk profile of AML/FT-C including the risks of non-compliance with the rules by said reporting entities.
Ministerial Order No. 2022-553 of 20 October 2022 sets out the terms and conditions for the communication of these questionnaires.
It specifies that SICCFIN must send or make available via all secure electronic channels, annually to each professional a questionnaire relating to their situation on 31 December of the calendar year.
Professionals must complete and return this questionnaire no later than 1st March of the following year.
One or more additional questionnaires, the deadlines for which are defined by SICCFIN, may also be sent to professionals.
Reference texts: Sovereign Order No. 9.510 of 20 October 2022 and Ministerial Order No. 2022-553 of 20 October 2022 (JDM No. 8.614 of 28 October 2022).
New Government Bills
Regulation of the activity of property dealers
Bill No. 1064 (21 articles) was tabled in the Public Session of the National Council and referred to the National Finance and Economy Commission on 18 October 2022.
It aims to subject the activity of property trader to specific conditions and constraints, with new legal obligations.
It intends to recast the tax benefits available to property dealers by making them conditional on the effective completion of work before the property is resold. The aim is to maintain the principle of a favourable regime, while generating tax revenue for the State budget.
Statute for civil servants of the Commune of Monaco
Bill No. 1065 (69 articles) was deposited on the Bureau of the National Council on 20 October 2022.
It takes up the general architecture of Law No. 1.527 of 7 July 2022 which modified Law No. 975 of 12 July 1975 on the status of State civil servants, and pursues the same objectives of providing the Principality with a modern, attractive and protective civil service, with the guarantee of an efficient public service.
Practice of veterinary medicine and surgery
Bill No. 1066 (58 articles) was submitted to the National Council on 21 October 2022.
The fact that the practice of the profession of veterinary medicine is not governed by any specific legislative or regulatory text means that it is no longer possible to respond satisfactorily to the particularities of the profession and the needs of practitioners and their clients.
The legislator is therefore tending to organise and regulate the profession of veterinary surgeon, including on the ethical level (conditions and rules of practice, sanctions), but without establishing a professional order.