Lawyers

Jean-Charles S. Gardetto

Work Department

Litigation and pre-litigation Civil law: civil liability, victim compensation, non-performance of contracts, construction, real estate, securities. Family Law : divorces, international child abduction, international litigation over child custody, estates, legal expertise in amicable or judicial settings. Commercial and business law: commercial disputes, ending business relations, unfair competition, deceptive business practices, debt collection, cessation of payment and insolvency proceedings, commercial leases. Corporate law: corporate disputes, litigation between shareholders, designation of trustees, dissolution. Banking and financial law, notably regarding the liabilities of banks and financial institutions, disputes over credit and stock exchange transactions. Insurance law. Employment law: disputes over dismissal (individual and collective), negotiated departures. Intellectual property law: trademark protection, copyright infringement, disputes over authors’ rights. White-collar crime. Public administrative law: annulment of administrative decisions, liabilities of public entities (state, municipality…) International private law. Civil procedures: precautionary measures, liens on bank accounts, real estate and ships, recognition and implementation of foreign judgments, enforcement of legal decisions. Human rights. Consulting - The firm offers legal counsel to businesses and to private individuals, notably in the following areas: Moving to Monaco, foreign investment in the Principality of Monaco, help with family offices. Drawing up contracts. Banking and financial law: applicable norms, legal framework of investment services, bank acquisition, creation of management corporations, authorization of financial institutions, investment methods in Monaco, assisting clients with regulatory authorities, distribution of financial products, Monegasque mutual funds, bank guarantees. Corporate law: company creation, mergers, acquisitions, “due diligence”, establishment of administrative offices, installation of foreign companies in Monaco, shareholder agreements, legal secretariat of companies, relations with governmental administration. Acquisition of real estate assets, drawing up civil and commercial leases. Insurance law. Security interest law: mortgages, bail bonds, pledges, first-demand guarantee. Employment law: hiring formalities, drawing up employment contracts, assistance with dismissals (individual and collective). Intellectual property law: trademark applications, authors’ rights. Data protection law, particularly declarations of data processing and the transfer of information between companies.

Position

Managing Director - Partner

Career

Qualified 1988; set up own firm at end of apprenticeship. Internship at Crédit Lyonnais, Former President of the Monaco Bar Association; Member of Parliament from 2003 to 2013 (Chair of Foreign Affairs Committee). Vice-President of Parliamentary Assembly of the Council of Europe, and also of Parliamentary Assembly of the O.S.C.E - Publications of note: World Arbitration Reporter (Jurisnet), Monaco Chapter ; Enforcement of foreign judgments (Wolters Kluwer), Monaco chapter ; Protecting Wealth (A Jurisdictional Guide – China Edition), Monaco Chapter.

Languages

French, English, Spanish and Italian.

Memberships

American Bar Association; Union Internationale des Avocats; Meritas ; Interlegal; STEP; International Bar Association; IOD; Taglaw; Igal; Lexlink.

Education

Main secondary school attended: Lycée Albert 1er - Monaco. Universities and colleges attended: Master of Laws (Cornell Law School) – USA (1987) ; DESS de juriste d’affaires internationales, commerce extérieur 1985 (University of Aix-Marseille III) ; Maîtrise de droit privé 1984 (University of Nice Sophia-Antipolis)

Leisure

Travelling, Art, Theatre, Music,Tennis, Skiing.

Mentions