04.01.2023<\/p>\n
We are pleased to propose a summary of the legal news in Monaco in December<\/span> 2022.\u00a0<\/strong><\/p>\n #AML\/CFT #Corporate #Banking #Financial #Health #Compensation #Social #HotelCateringSector\u00a0 #RemoteWorking-Covid-19 #Criminal #Procedure #Public #PublicServant #UrbanPlanning #International #FATF #MONEYVAL #E<\/strong>U<\/strong><\/p>\n Fight against money laundering, terrorist financing and corruption<\/strong><\/span><\/p>\n Domiciliation activities carried out as a principal activity:<\/strong><\/span><\/p>\n Law No. 1.362<\/strong> of 3 August 2009<\/strong> on the fight against money laundering, terrorist financing and corruption has been amended once again to make the activity of domiciliation carried out on a principal basis, i.e. independently of the activity consisting in carrying out “operations of creation, management and administration of legal persons, legal entities or trusts”,<\/em> subject to the Law.<\/p>\n Article 1 of Law No. 1.362 thus newly refers to: “29\u00b0) persons who habitually carry out the activity of domiciliation consisting of providing third parties with a registered office, a commercial address or premises, an administrative or postal address for a capital company, a partnership or any legal person or entity, in addition to the ancillary services of renting out offices or meeting rooms, administrative assistance linked to the activity of domiciliation, with the exception of the exercise of any regulated activities.”<\/em><\/strong><\/p>\n This reform was requested by the representatives of the MONEYVAL<\/strong> Committee after their on-site visit (from 21 February to 4 March 2022), based on the FATF<\/strong> and EU<\/strong> standards.<\/p>\n More information > https:\/\/gbmlf.miam.dev\/en\/law-1537-9-december-2022-subjection-of-the-activity-of-domiciliation-exercised-on-a-principal-basis-to-the-anti-money-laundering-and-terrorism-financing-provisions\/<\/a><\/p>\n Reference text: Law No. 1.537 of 9 December 2022<\/strong> (JDM No. 8621 of 16 December 2022).<\/p>\n Update of the list of States or territories with strategic deficiencies in their anti-money laundering, combating the financing of terrorism or corruption:<\/strong><\/span><\/p>\n The FATF<\/strong>‘s update of its list of countries under enhanced scrutiny due to deficiencies in the AML\/CFT framework has been incorporated into Ministerial Order No. 2021-703 of 8 November 2021, with the addition of the Democratic Republic of Congo<\/strong>, Mozambique<\/strong> and Tanzania<\/strong>.<\/p>\n More information > https:\/\/gbmlf.miam.dev\/en\/automatic-exchange-of-information-financial-accounts-jurisdictions-subject-to-declaration-ministerial-order-n2022-729-of-21-december-2022\/<\/a><\/p>\n Reference text: Ministerial Order No. 2022-662 of 2 December 2022<\/strong> (JDM No. 8620 of 9 December 2022).<\/p>\n Health<\/strong><\/span><\/p>\n Nosocomial (Hospital-acquired) infections:<\/strong><\/span><\/p>\n Law No. 1.541<\/strong>, passed on 7 December 2022, is built on the following three axes:<\/p>\n The provisions governing the liability of the health care establishment and compensation by the State are applicable: to events following the publication of the law (23 December 2022), as well as to earlier events for which no legal proceedings have been instituted before this publication.<\/p>\n More information > https:\/\/gbmlf.miam.dev\/en\/law-no-1541-of-16-december-2022-on-nosocomial-infections\/<\/a><\/p>\n Reference text: Law No. 1.541 of 16 December 2022<\/strong> (JDM No. 8622 of 23 December 2022).<\/p>\n List of non-conventional practices contributing to the well-being governed by Law No. 1.516:<\/span><\/strong><\/p>\n As a reminder, Law No. 1.516 of 23 December 2021 (JDM No. 8572 of 7 January 2022) regulates health care practices that are not scientifically recognised by conventional medicine.<\/p>\n The list of non-conventional practices contributing to well-being that may be practised in Monaco has been established as follows: art therapy, fire-cutting, animal mediation, meditation, modelling, reflexology, reiki, shiatsu, sophrology.<\/strong><\/p>\n This list, which will be reviewed annually, is established on the basis of objective criteria to ensure the protection and safety of individuals, taking into account the level of risk to physical, psychological or mental health.<\/p>\n For more information >\u00a0 https:\/\/gbmlf.miam.dev\/en\/law-no-1-516-of-23-december-2021-on-unconventional-practices-contributing-to-well-being\/<\/a><\/p>\n Reference text: Ministerial Order No. 2022-722 of 14 December 2022 (JDM No. 8622 of 23 December 2022).<\/p>\n Social<\/span><\/strong><\/p>\n Extension of the exceptional scheme for remote working during the Covid-19 period:<\/span><\/strong><\/p>\n The exceptional scheme for remote working during the health crisis for employees, civil servants, State and Commune agents residing in Monaco, France or Italy, which was due to end on 31 December 2022, has been extended until 30 June 2023<\/strong>.<\/p>\n Reference text: Ministerial decision of 21 December 2022<\/strong> (JDM No. 8622 of 23 December 2022).<\/p>\n Rider No. 2 to the Collective Agreement of the Hotel Industry of Monaco:<\/span><\/strong><\/p>\n Rider No. 2 of 18 October 2022 to the Collective Agreement of the Hotel Industry of Monaco of 1 July 1968 (Annex to JDM No. 8.614 of 28 October 2022), which introduced differentiated minimum wages<\/strong>, according to qualifications and the different methods of remuneration (fixed or percentage), is made compulsory for all employers and employees in the hotel, restaurant and drinking establishment sector<\/strong>.<\/p>\n The salary scales<\/strong> (which had not been published at national level since the end of the 1990s) have thus been updated, with a revaluation of the sector’s professions to increase their attractiveness, given the current inflationary context, the shortage of labour, and the recent measures taken in France.<\/p>\n For employees paid on a fixed salary basis<\/strong>, a new grid has therefore been defined. The hourly base has been increased by 1.08% in order to have a basic salary equivalent to France, for a 39-hour week, excluding conventional benefits (in France, hours between the 36th and 39th hour are increased by 10%).<\/p>\n For employees paid on a percentage basis<\/strong>, according to their qualification, an annual guarantee of the gross salaries in the attached grid will be applied at the end of the fiscal year. In the event of a cumulative gross annual salary that is lower than the gross annual salary of the grid, the difference will be paid to the employee.<\/p>\n
\n
\n\n
\n