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00. [ SERVICE ]

Setting up a family office in Monaco: the two routes, and what a single family office still needs

We test the track, then prepare the constitution file, the competence evidence and, where Art. 1 b) is reached, the licence file.

  • A SAM and nothing else (Art. 2)
  • Ministerial decree; the CCAF licence only under Art. 4
  • Shareholders and managers tested against O.S. n° 6.271
  • No period in Loi n° 1.439, so we promise none
Stone and glass office facades on a Monte Carlo street in daylight
01.

What a Monaco family office is under Loi n° 1.439, and what we prepare

Loi n° 1.439 of 2 December 2016 defines the activity: wealth-related and financial advice and services supplied à titre de profession habituelle (as a habitual profession) to families and their entities (Art. 1 al. 1). Licensed, it may receive and transmit orders and advise; portfolio and fund management, execution and dealing stay outside, with getting a CCAF licence for portfolio or fund management in Monaco (Art. 1 b).

The authorisation is its own instrument: prior, administrative, by arrêté ministériel (ministerial decree), to sociétés anonymes monégasques alone (Art. 2 al. 1). It is not the autorisation d'exercer behind setting up a business in Monaco, though Loi n° 1.144 Art. 8 still catches advice.

02.

What is included, track by track

The scope test. Multi or single, and whether the object reaches Art. 1 b).

Figure Which side of the line Art. 1 puts you on
  1. 01

    in a private capacity? Yes leads to the single-family branch

  2. 02

    labelled "outside Loi n° 1.439

    Loi n° 1.439

  3. 03

    and outside that law only" (Art. 1 last al.). Node 2: supplied as a habitual profession to more than one family? (Art. 1 al. 1). Node 3: does the object include

    Art. 1

  4. 04

    or advice and assistance

  5. 05

    under Loi n° 1.338 Art. 1 3° and 4°? No leads to Art. 3

    Loi n° 1.338

  6. 06

    yes to Art. 4. A permanently excluded branch: portfolio management

    Art. 4

  7. 07

    Monegasque and foreign fund management

  8. 08

    execution of orders

  9. 09

    own-account dealing. Footer: the law defines neither famille nor à titre privé

Art. 1, drawn as the test it is

The Art. 3 track. The constitution file, the mention in the company name, an object clear of the two financial activities, competence evidence, the shareholding cap.

The Art. 4 track. The same, plus the CCAF agrément (licence) file, two ROSGs, capital in cash.

The single-family track. A scoping memorandum over Loi n° 1.573, Loi n° 1.144 and Loi n° 1.338, then the files it calls for.

Premises and permanent duties. An address a regulated activity may occupy, the insurance, the prior-approval file for changes.

Where we stop. Not the Minister of State, not the Commission, never a shareholder, dirigeant or administrator. Digital assets have their own statutes; a bill proposes moving that licensing to the CCAF: getting licensed as a digital-asset provider in Monaco.

03.

The two routes side by side: Art. 3 and Art. 4

Art. 2 subjects the activity to a prior administrative authorisation, by ministerial decree, open only to a SAM; Art. 1 b) draws the line between the routes.

Two routes, two authorities, one company form.
QuestionArt. 3 routeArt. 4 route
Who authorisesThe Minister of State, by ministerial decree (Art. 2 al. 1). The Commission has no role at allThe same decree, and in addition the CCAF agrément (Art. 4 al. 1)
What the object may includeWealth advice, planning and organisation, administrative and financial follow-up, coordination of outside providers and review of their performance (Art. 1 a)The same, plus reception and transmission of orders and advice and assistance (Loi n° 1.338, Art. 1 3° and 4°)
Company formSociété anonyme monégasque only (Art. 2 al. 1)The same, and expressly exempt from the exclusive corporate object (Loi n° 1.338, Art. 6 1°)
Minimum capitalThe general SAM floor of EUR 150,000 (Loi n° 1.573, Art. 15); Loi n° 1.439 and O.S. n° 6.271 set noneEUR 300,000 entirely paid up in cash: the band O.S. n° 1.284 Art. 1 3° sets for activities 3), 4) and 5), applied here by our reading of two statutes
Published decision periodNone in Loi n° 1.439. The general SAM clock is five working days, then 45 days, extendable once by 45 at most (Loi n° 1.573, Art. 13)Six months from receipt of a complete file (Loi n° 1.338, Art. 7 al. 2)
A change of shareholder, dirigeant or administratorPrior agrément by decision of the Minister of State, on pain of revocation (Art. 3 al. 2)Communicated to the Commission under Loi n° 1.338 Art. 8 (Art. 4 al. 2)
Who supervisesUnder Loi n° 767 of 8 July 1964 (Art. 5)The same, and the Commission for the financial activities (Art. 5)
What never stopsInsurance, remuneration from the client only, secrecy, AML obligationsThe same, plus AMAF membership, staff certification, two auditors, the annual report within four months, own funds at every year-end

Two routes, two authorities, one company form.

Figure Two routes, two authorities, one company form
  1. 01

    the Government's administrative authorisation by ministerial decree

  2. 02

    the competence conditions of O.S. n° 6.271

    O.S. n° 6.271

  3. 03

    the general SAM floor of EUR 150,000 with the paid-up reading marked open

  4. 04

    prior approval of every change by the Minister of State on pain of revocation

  5. 05

    supervision under Loi n° 767. Lane B (Art. 4): the same decree plus the CCAF agrément

    Loi n° 767.

  6. 06

    EUR 300,000 fully paid up in cash marked "our reading of two statutes"

  7. 07

    changes communicated to the Commission under Loi n° 1.338 Art. 8

    Loi n° 1.338

  8. 08

    supervision under Loi n° 767 and by the Commission for the financial activities. Shared spine: a SAM and nothing else

    Loi n° 767

  9. 09

    the mention in the name

  10. 10

    remuneration from the client only

Statutory periods only; no total exists

The Commission does not authorise the activity as such: the authorisation is the decree of Art. 2, and the agrément is needed only where the object reaches Art. 1 b).

The company may not be majority-held by a credit institution, or by a body carrying on portfolio management or Monegasque or foreign fund management (Art. 2 al. 3).

EUR 300,000 is no figure of Loi n° 1.439: it is the band O.S. n° 1.284 Art. 1 3° fixes for activities 3), 4) and 5), reaching an Art. 4 company because it stays subject to the implementing texts of Loi n° 1.338. That step is our reading.

The mention "multi family office" enters the constitution authorisation and the company name (Art. 2 al. 2), where the name meets trademark registration Monaco: the designation is protected.

Remuneration comes directly and exclusively from the client (Art. 7), so no retrocession from a bank, a manager or a product provider.

04.

Who may hold the shares and run the company

Art. 3 al. 1 puts the test on people: competence and good character, set by sovereign ordinance, for the shareholders and for anyone with power to direct or administer. O.S. n° 6.271 of 13 February 2017 gives three alternatives.

The conditions, in the ordinance's own terms.
AlternativeWhat it requiresWho must satisfy itSource
The degree routeA licence-level national degree in law or economics, or a legal, economic or business degree of equal or higher level, or an accounting and management diplomaEach shareholder, and each natural person with power to direct or administerO.S. n° 6.271, with Loi n° 1.439 Art. 3 al. 1
The technical diploma routeA DUT or a BTS, and three years of professional experience in one of those fields or in a family officeThe same personsO.S. n° 6.271
The experience routeFive years of professional experience in an employment as a cadre (manager grade) in one of those fields or in a family officeThe same personsO.S. n° 6.271
Bonne moralitéGood character, required in every case, in addition to the competence conditionThe same personsO.S. n° 6.271

The conditions, in the ordinance's own terms.

The shell is the ordinary SAM of Loi n° 1.573: two shareholders and two administrators at least, with mandate caps of twelve boards and eight as president (Arts. 22, 26). How a corporate shareholder meets a condition written for natural persons is stated nowhere we read.

05.

How the files run, and the only periods the law publishes

1. The scope test. One family or several, habitual profession or not, and whether the object reaches Art. 1 b). No period is published.

2. Structure and people. A SAM, an object drafted to the route, ownership inside the majority cap, competence evidence for everyone named.

3. Premises. Outside the business-centre formulas, which exclude regulated activities: 25 m² at least.

4. The Government file. The general SAM clock: five working days, then 45, extendable once (Loi n° 1.573, Art. 13). Whether its tacit grant reaches an authorisation carrying the MFO mention is stated nowhere we read.

5. In parallel on the Art. 4 route. Meeting, filing, examination, presentation, decision: the licence file costs EUR 0, and six months run from a complete one. Silence is not ruled on.

6. Publicity and registration. Three months from the decree's publication for the formalities and the RCI entry (Art. 20). Insurance for the dirigeants and administrators, provable at any time, no minimum set.

7. Then, permanently. No change of shareholder, dirigeant or administrator without the Minister of State's prior agrément, the shareholder first; the administrator's RCI file carries that authorisation or the licence. See Company in Monaco: Company Changes and Share Transfers in Monaco.

No total is published, and none is given here; the market puts an ordinary SAM at four to six months [market: 2026-09-08].

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07.

What the files contain, and what the Government publishes no list for

The Art. 4 licence file describes:

  • The shareholding.
  • The managers.
  • The activities planned.
  • The means, human resources in particular.
  • Any delegations.
  • The handling of orders.
  • The procedures for carrying on the activities and for controlling them.
  • An attestation de non-procédure from each shareholder and each manager.
  • Anything further the Commission asks for.

Beside it: a financial guarantee, premises and staff, and two responsables de l'orientation stratégique et de la gestion the Commission approves. For an Art. 3 file no procedure page is published.

08.

A single family office: what the carve-out does, and what it does not

Art. 1 last al. says that family office activities between members of one family, in a private capacity, are not covered by Loi n° 1.439. It defines neither famille nor à titre privé. These regimes may still apply.

One carve-out, and the regimes it leaves standing.
RegimeWhat it may requireSourceStatus
Loi n° 1.439Nothing: the private single-family activity is outside this lawArt. 1 last al.Settled
Any SAM, including one with an exclusively civil objectThe constitution authorisation; a civil-object SAM is also governed by the Code civil and Loi n° 797Loi n° 1.573, Arts. 11 and 67Settled
Foreign natural persons and foreign partnersAn administrative authorisation to carry on an independent professional activityLoi n° 1.144, Arts. 5 al. 1 and 7Settled
An administrative or representative office of a foreign-seated family holdingAn authorisation; group functions only, no commercial activity, taxed on a notional base of 40% of annual operating expenditure as published practiceLoi n° 1.144, Art. 5 al. 2; government procedure pageSettled on the authorisation, silent on the use
Advice or assistance in legal, tax, financial or stock-exchange matters, and wealth management with power of disposalAn authorisation, even for a Monegasque nationalLoi n° 1.144, Art. 8Settled
Portfolio management "pour le compte de tiers", habitually or professionallyThe CCAF licence; the only exemption read is written for legal persons, not for natural personsLoi n° 1.338, Arts. 1 and 2Open, counsel
SubstancePremises and staff allowing real activity, failing which the authorisation may be suspended or revokedLoi n° 1.144, Art. 9 8°Settled
AMLLoi n° 1.362 Art. 1 names multi family offices at 19°, and the copy read has no entry for single family officesLoi n° 1.362, Art. 1Settled on the text, untested on a given structure

One carve-out, and the regimes it leaves standing.

On an office of a foreign family holding, see the Monegasque bureau administratif: no text says a family holding may use that form so. Two questions go to counsel: whether a family's own company managing family members' portfolios acts "for third parties", and whether a private family office is a professional activity under Loi n° 1.144.

09.

Problems we solve

The title is protected. Using "multi family office", or "MFO", without the authorisation the law requires carries six days to three months' imprisonment plus the Code pénal Art. 26 4° fine of EUR 18,000 to 90,000 (Art. 8).

You cannot quietly buy one. Every change of shareholder needs the Minister of State's prior approval on pain of revocation, or goes to the Commission: the lawful route is existing Monegasque companies for sale, with the buyer's own file. A lent name is an offence for both sides.

Substance and tax. No premises or staff allowing real activity is a revocation ground. The profits tax reaches an activity realising at least 25% of turnover outside Monaco, and its exemption covers persons effectively and really established here: a Monegasque residence permit.

The register settles nothing. An Art. 4 company is on the Commission's list, an Art. 3 company gazetted rather than listed, single family offices nowhere: hence no count here.

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11.

Why work with us

Julien Rossi, tax, licensing and compliance lead, thirteen years, the last seven on Monaco; French, English, German.

From our practice: preparing licence applications for the Commission and for digital-asset activities, and answering the compliance questions an institution asks first.

Prepared by Julien Rossi · Reviewed by Camille Perrin · Updated {{BUILD_DATE}}

PRICING: ON_REQUEST

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