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Legal advice on Real Estate Acquisitions and Restructuring

The Principality’s small territory and high-value real estate market renders transactions sensitive especially in development projects.

Our expertise in structuring transactions in a timely and cost-effective manner including on registration duties and tax, notary fees and property valuation has achieved significant savings.

In one of our acquisition deal, we were awarded the prize for the highest value hotel transaction completed in record time.

We can act as Tax Representatives under Law 1.381 dated 19 June 2011 and handle mandatory filings for the change of beneficial ownership in Monaco-sited real estate.

Our firm regularly assists in real estate project involving:

  • Sale and acquisition of real property or shares and assistance in audits/due diligence and compliance requirements with off-shore ownership.
  • Assisting lenders (major international banks) and bidders in various real estate acquisitions and re-financings (buildings, hotels), including due diligence, valuations, security taking, issues of financial assistance and upstream guarantees, regulatory analysis linked to banking monopoly, releases, obtaining assurances from the Government of the Principality for constructions on the public domain.
  • Lease restructurings for major banks and companies in Monaco. Rationalisation of space in compliance with Group policies.
  • Purchase of major hotels in Monaco including audits, leasehold assessments, construction and insurance issues, facility agreements with lenders, corporate restructurings, security (mortgages, shares pledges, charges on goodwill, bank accounts, insurance proceeds and trademarks).
  • Conversion of hotels into residential property and related administrative procedures, authorisations, permits, change of destination issues. Monitoring sale and security release upon partial sale of property.
  • Due Diligence and restructurings including assessments on Governmental Long Term Leases (“baux emphytéotiques”) and public domain property.
  • Lease and building classifications including specific obligations for High-Rise Building Classification, HSE requirements, sublease restrictions and insurance specifications.
  • Construction Leases (clauses with prior consent of the Monaco Government, Breaches in the Lease, Rights of Renewal; Certificate of Conformity).
  • Obtaining administrative permits (Building; Renovation Works; Demolition Permits).
  • Regulatory aspects of Hotel Management Contracts; Non Disturbance Agreements.
  • Structuring and ownership (including through Monaco or foreign SCIs and foreign entities).
  • Tax registration issues including changes in beneficial owner(s).