Company and tax law

The Commercial Code contains, in its fourth title, around thirty provisions applicable in company law. Additionally, among others, the provisions of the Ordinance of March 5, 1895 on public companies and limited partnerships by shares completed by the laws No.408 of January 20, 1945 and No. 1.331 of January 8, 2007 are applicable.

Contrary to France, few texts govern Monegasque company law, which allows for flexibility and contractual freedom.

There are five types of vehicles in the Principality of Monaco. It is also possible to practice individually.

One of the key characteristics of Monegasque company law is that all commercial activities are subject to the government’s prior authorisation. No company can be constituted in the Principality without Monaco’s government approval. Only non-trading companies are not subject to this prior authorisation system.

Monegasque tax law presents a couple of specifics, e.g. no income tax for individuals in Monaco, no property tax and no residency tax. The corporate income tax is, in principle, only due by companies who make more than 25 % of their turnover outside of Monaco.

In contrast, the VAT rules are very similar to the French rules pursuant to the bilateral Franco-Monegasque Agreement of May 18, 1963.

We can assist for sale of companies and restructuring operations (M&A, etc.) and we also can perform legal audits.

For more information, please read our publication (use the link below):

Practitioner

Virginie MALNOY

Virginie MALNOY

Virginie MALNOY

Virginie MALNOY

Associate

After working for several French and Monegasque law firms, Virginie MALNOY joined our firm in 2008. She advises on various corporate law matters such as, the incorporation of legal entities in Monaco and abroad, commercial agreements and financing. She also conducts due diligence for M&A.

She graduated from EDHEC and holds a Masters in European Business Law. She also holds a Masters in Corporate Tax Strategy from the University of Nice Sophia-Antipolis.

She is fluent in French and English.

Expertises
Corporate Law, Tax Law, Banking and Financial Law.
Contact
Phone: +377 97 70 40 70
Email: vm@giaccardi-avocats.com
+