SKILLS
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Assistance for the establishment of natural person in the Principality of Monaco.
Assistance with administrative procedures for obtaining the Monegasque resident card ;
Intervention by plea for clemency or hierarchical appeal against the decisions of the administration;
SKILLS
MANAGEMENT OF THE RELATIONSHIP BETWEEN ADMINISTRATION AND CITIZENS
Administrative law, which is an exorbitant part of ordinary law and a branch of public law, manages the relationship between the administration and the citizens. Decisions taken by the administration may be subject to an appeal for annulment for excessive power before or by the Supreme Court.
The prior administrative appeal precedes an appeal for excess power which may be directly before the author of the administrative act, a courtesy appeal or before his superior, a hierarchical appeal. This prior request must be made within two months of the decision at issue. In case of rejection, or silence of the administration for four months, the administrator has a new period of two months to refer the matter to the Supreme Court.
By Sovereign Ordinance No. 4.524 of October 30th, 2013, citizens have the right to refer the matter to the Office of the High Commissioner for the Protection of Rights, Freedoms and Mediation to fairly resolve the dispute that the administration and administered.
ADMINISTRATIVE
INFO : Monegasque resident card
Assistance in dealing with supervisory authorities.
Assistance to the enforcement of legislation and banking regulations;
Advice and assistance in relations between customers and banks;
SKILLS
Grouping together all the provisions both normative and jurisprudential applicable to the operations of banks and to the professionals of the bank, banking law in the Principality may be applied to certain provisions of the French Monetary and Financial Code (Franco-Monegasque conventions and agreement signed between the European Union and Monaco on 29 November 2011). The banking supervision institution in the Principality is the French Prudential Control and Resolution Authority (A.C.P.R.) and the Commission de Contrôle des Activités Financières (C.A.F) is the financial supervisory authority in Monaco.
Monaco has its own legislation and specific regulations under:
• Law No. 1.338 of September 7th, 2007 on financial activities and its Implementing Order;
• Law No. 1.339 of September 7th, 2007 on mutual funds and its Implementing Order.
BANKING & FINANCIAL
MANAGEMENT OF BANKING OPERATIONS
Advice and assistance in the establishment of marriage contracts; changes in marital status; divorce; succession arrangements; asset structuring or acquisition of immovable property;
SKILLS
MANAGING RELATIONSHIPS BETWEEN PEOPLE
A branch of private law, civil law manages relations between individuals, whether natural or legal. Civil law is omnipresent in everyday life and brings together different areas such as:
• the right of persons: name, status, legal personality of persons [...];
• family law: marriage, divorce, adoption, parentage, matrimonial regimes [...];
• inheritance law: inheritance, wills [...];
• the law of contracts and obligations: lease or lease agreement, loans, sales contract [...].
The Monegasque Civil Code is based on French law. The particularity of the Principality (diverse population and small territory) requires a good knowledge of the rules of private international law.
CIVIL
Assistance in setting up civil societies, drafting contracts or negotiations during the execution of contracts.
SKILLS
Assistance and advice in the disposal of funds of commerce and the right to lease;
Drafting of commercial contracts or commercial leases;
MANAGEMENT OF TRADING ACTIVITIES AND
COLLECTIVE PROCEEDING
COMMERCIAL
A branch of private and business law, commercial law manages the business of merchants and defines the legal regime applicable to commercial acts in the Principality of Monaco.
Monegasque civil law also predominates in commercial law because the provisions of the Civil Code remain applicable in commercial matters.
In the Principality, commercial law takes its foundations in French law while retaining certain specificities.
Article 1 of the Code defines merchants as "those who carry out acts of commerce and make them their usual profession" while Articles 2 and 3 have drawn up a list of commercial acts and those deemed to be such.
Management of commercial disputes and commercial debt recoveries.
Assistance of the accused in proceedings before the criminal courts.
Assistance throughout the criminal investigation procedure;
Assistance and advice to victims, legal or natural persons and drafting of complaints;
SKILLS
CRIMINAL MANAGEMENT OF BEHAVIOUR CONSTRAINED TO
THE SOCIAL ORDER
PENAL
The criminal law groups together the study of behaviours considered to be contrary to social order and public safety as well as the rules of law defining offences and sanctions.
In the Principality of Monaco, the Code of Criminal Procedure (2 April 1963) lays down the legal rules to be respected during the criminal trial and the Penal Code (28 September 1967) deals with the rules specific to each of the infringements in order to lay down the general rules applicable to them.
The offences are classified in three categories: tickets submitted to the Court of Simple Police; offences judged by the Correctional Court and crimes submitted to the Criminal Court.
Three actors are opposed in the context of a criminal trial: the Public Prosecutor who represents the Society and who is responsible for the prosecution; the accused or the accused; and possibly the victim or civil party
Drafting of residential or commercial leases;
Assistance and advice in matters of property management, transfers of business or rights to lease;
SKILLS
MANAGEMENT OF REAL ESTATE OPERATIONS AND REGULATIONS
REAL ESTATE
Dealing with all the legal and regulatory provisions related to buildings and doors, real estate law covers many areas such as urban planning rules, the right to condominium, construction, property ownership rights, rules on real estate transactions or regulations related to the activities of real estate agents, trustees or property dealers.
In the Principality of Monaco, real estate occupies a very large place due in particular to the particularity of its territory and the demand that only increases in view of the attractiveness that Monaco offers.
Real estate law in the Principality is therefore adapted to these specificities.
Creation of Special Civil Societies under Monegasque law with immovable property.
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Bringing together all the legal norms governing the relationship between an employee and his employer, labour law also regulates the training, performance and termination of employment contracts.
In this case, Monegasque law differs from French labour law. The labour law in Monaco is not codified, it corresponds to various texts: Law No. 629 (17 July 1957) relating to the conditions of hiring and dismissal; Ordinance-Law No. 677 (2 December 1959) relating to the duration of work; Law No. 845 (June 27, 1968) concerning severance for dismissal and dismissal; Law No. 729 (March 16, 1963) concerning employment contracts; Law No. 739 (March 16, 1963) concerning wages.
Disputes are usually dealt with by the Labour Tribunal. The procedure takes place in two stages: if a preliminary conciliation agreement is not found before the Conciliation Office, the matter is referred to the Judgment Office, which will decide on the dispute. As regards disputes that cannot be resolved directly, they will be subject to the conciliation and arbitration procedures provided for in Law No. 473 (March 4, 1948).
JOB
MANAGEMENT OF EMPLOYEE-EMPLOYER RELATIONS
SKILLS
Assistance and advice in disputes between employees and employers;
Preparation, drafting and negotiation of employment contracts or transactional documents;
Breach of contract: dismissals, resignations, negotiations during an amicable breach.
Preparation, drafting and execution of shareholders' and partners' agreements, minutes and contractual documents;
Creation of civil or commercial companies in the Principality of Monaco;
SKILLS
MANAGEMENT OF CIVIL AND COMMERCIAL COMPANIES
COMPANIES
A branch of private law dealing both with civil and commercial companies, company law covers all activities relating to the creation, operation and liquidation of companies. This right also manages the relations between the different parties, whether they are shareholders, partners or managers.
There are few provisions relating to company law in the Principality, which results from a certain freedom of contract.
Law No. 797 (February 18, 1966), relating to civil societies and the provisions of the Commercial Code that deal specifically with commercial companies, is added to the Civil Code to govern the company contract in general and the associated commitments between them.
Legal monitoring of companies.
INFO : create a company in Monaco