Robert Boisbouvier – Positive Change for Legal Advisors

The recently elected President of the Chamber of Legal Advisors of Monaco, Robert Boisbouvier shares his vision and ambitions.

Born and raised in the Principality of Monaco, the Monégasque Robert Boisbouvier aims to bring together all professional legal advisors of the Principality under one big umbrella.

The Chamber of Legal Advisors of Monaco (Chambre des Conseils Juridiques de Monaco) was established in 2010 at the initiative of Roger ORECCHIA, who was a chartered accountant and a man of vision and influence for Monaco and its economy. 

“He recommended that the legal advisors of Monaco unite under a formal chamber, allowing them to collectively identify as a distinct professional group. This move aims to enhance their collective interests within the Principality, fostering collaboration among lawyers, accountants, and other jurisdictional professionals,” – Robert explains the main objective of the Chamber of Legal Advisors of Monaco.

In April 2024, the Chamber of Legal Advisors of Monaco elected a new President, Robert Boisbouvier, with a three-year mandate.

“As a relatively young president, both in terms of age and corporate experience, I founded my law firm just two years ago, so the progression has been remarkably swift.”

What was the reception of your ambitions?

“I felt confident seeking the mandate from my colleagues, as my objective is to introduce a fresh perspective while maintaining continuity with the past and providing a clear vision for the future.”

It is crucial to understand that only Monégasque lawyers can represent clients in court, resulting in two distinct types of legal professionals in the Principality of Monaco: attorneys-at-law (avocats) and legal advisors (conseillers juridiques).

Attorneys-at-law must hold Monégasque nationality and pass the Bar Exam, which allows them to plead before the courts in Monaco. On the other hand, the profession of legal advisor is open to both Monégasque nationals and foreigners. However, foreigners wishing to practice as legal advisors must be duly authorised by the Princely Government. This authorisation is based on their possession of law degrees and sufficient, relevant experience that benefits Monaco. Legal advisors typically offer specialised advice to clients but do not have the right to represent them in court.

What is the reason for having a difference between lawyers and legal advisors in Monaco, while in other countries there is one lawyer who manages everything?

“Monaco has always maintained a unique stance regarding its legal system. As a non-EU member, Monaco has preserved several longstanding laws that allow for significant creativity in legislation and legal practice. This distinctive legal environment enables lawmakers and practitioners to choose their professional identity and operate comfortably within the Principality.

In the United Kingdom, solicitors provide essential legal advice and representation, following rigorous training that ensures high professional standards. In Poland, legal advisers (radcowie prawni) offer comprehensive legal services with a strong alignment with the rights and responsibilities of traditional lawyers. Romania’s legal advisers benefit from a well-structured regional and national organisation, enhancing their professional development and client service. Denmark’s approach ensures that salaried and independent lawyers maintain equal professional standards, fostering trust and reliability. In Finland, the flexibility in qualifications allows for a diverse range of legal consultants, enriching the legal support available to clients.

Basically, a legal advisor does the same job as a lawyer does. The only exception is that the lawyer can represent the client in court.”

The fundamental distinction that sets legal advisors apart from lawyers is their organisational alignment. Unlike lawyers, who fall under the jurisdiction of the judiciary’s administration, their supervising authority is the Minister of Economy and Finance. This difference is crucial to their approach. They operate as private sector entities, subject to VAT, and are accountable to the Ministry of Economy, which places them under the executive branch of government.

Lawyers, on the other hand, serve as auxiliaries of justice, are integral to the judicial branch, are exempt from VAT regulations, and they are part of the entire judicial system, taking an oath before the judiciary’s administrative body. 

This distinction reshapes the entire landscape. Legal advisors are private sector players with an economic focus, whereas lawyers are civil actors within the judicial system, oriented towards the judiciary.

This dynamic aligns with the classic tripartite separation of powers: legislative, judicial, and executive. Legal advisors’ alignment with the executive branch underscores their role in the economic sphere, contrasting with lawyers’ alignment with judicial power, emphasising their role within the civil and judicial framework.

“Let’s put it this way: the role of a legal advisor extends far beyond court representation. It primarily involves providing advisory and litigation services, aiming to establish a strong and protective foundation for clients. When issues arise, legal advisors strive to resolve them without resorting to lengthy court procedures.

If a case does go to court, Monégasque lawyers, who hold the exclusive right to conduct legal proceedings, step in. Typically, when a case becomes procedural, legal advisors collaborate with their Monégasque lawyer partners to represent clients in court. This delineation ensures clear and effective roles: we focus on advising individuals, families, and businesses on management, creation, and development.”

What is your first goal as president?

“One of my key objectives as president is to persuade the remaining legal advisors who are not yet part of the chamber to join us. My aim is to establish a unified platform for the profession.”

What is the key benefit for a legal advisor to join the Chamber of Legal Advisors of Monaco?

“It’s about fostering a sense of belonging to a professional group and cultivating a strong identity for the profession. By coming together, we benefit from the support of various service providers, such as insurers, IT specialists, and legal tool providers. This collaboration also offers a valuable opportunity for knowledge exchange.

Our chamber comprises 23 diverse members with specialties ranging from trusts and intellectual property to employment law. Personally, I specialise in banking law, international taxation, and corporate law. This diversity creates a crossroads of opportunities and facilitates the sharing of expertise among colleagues. Additionally, it provides us with a united voice to collaborate effectively with the government.”

Robert studied abroad. He started with a diploma in Law and Politics in Nice, then did his Master of Laws in Paris. Later on, Robert went to one of the top three business schools in France, called ESCP Europe, to acquire knowledge and a degree to specialise in auditing financial services, and accounting. Before returning to Monaco, Robert also spent a year at the University of Illinois in Chicago, where he studied international economics and US corporate taxation.

“I returned to Monaco and began my career as a junior financial auditor at PwC. During this time, I also established the Papyrus philanthropic and responsible investment fund, which focuses on education and mentorship for the youth and the underprivileged. Following this, I had the opportunity to work with Stéphane Garino to develop the startup campus and drive digital transformation at KPMG Monaco.

Today, I am honoured to lead the Chamber alongside my Vice President Pierre-Jean Douvier, Treasurer Arthur Rohmer, and Secretary General Nathalie Tanzi. Among our distinguished board members are Xavier de Sarrau, Alexis Madier, Sylvain Frésia, and Arève Lecroq-Mardirossian, whose extensive experience greatly supports the Chamber’s governance.”

What motivated you to start your own company?

“A sense of freedom drove me. I had a deep desire to infuse my own touch and approach into my work. The constant labelling of being ‘atypical’ or ‘original’ had become tiresome, and I wanted to fully articulate the reasons behind this perception. To achieve this, I assembled a team aligned with my vision and prepared to tackle challenges in my own way.”

You studied US law. It is quite a niche sector here, concerning that there are not so many US residents living in the Principality.

“Occasionally, I need to write legal opinions involving US persons. This can occur in cases involving an American citizen, someone with a green card, or someone with residency or other ties to the US, which may subject them to corporate tax if there are companies involved, such as professional income. In these instances, we refer to US corporate law to provide relevant insights.”

What motivated you to join the Chamber of Legal Advisors of Monaco?

“When I became a legal advisor in Monaco and received my authorisation to practice from the Ministry of State, my first administrative act was to join and apply for membership in the Chamber. For me, as a legal advisor, it was a natural first step. I must say that the former President, Jean-Pierre Artieri, did an outstanding job.”

What is a typical request or problem for which people request a legal advisor?

“Let me provide some examples:

“I have a business idea. Which company form should I choose?”

“I’m going to take over a business in Monaco. What steps should I take? Do I need to create a new company or buy the shares, and why?”

“I am a foreign citizen with business activity in Monaco and want to expand my operations here. How can I achieve this?”

“My family is living abroad, and I want them to join me in Monaco. What’s the procedure?”

“The succession of my mother or my father is not going as planned. Please represent me.”

“What are the tax advantages in Monaco regarding personal and professional income? What’s the VAT rate? What’s the corporate tax in Monaco, and how does it work?”

These and similar questions frequently arise.”

What is the most enjoyable part of your work?

“Working with my team and serving Monaco’s economy. Since I created a team of individuals like me, they are all atypical. 

Additionally, every client is different, so every day is unique as well. That’s what I love the most. 

And the third reason why I get up every day is that, well, it’s a sense of fulfilment. It’s my company, so it’s something that I have seen growing from the beginning. That is a very good sense of fulfilment.”

Can you tell us a few words about the programme of the Chamber of Legal Advisors of Monaco?

“When I proposed my candidature to my colleagues, I centred my platform around a dedicated service theme for our country, focused on education and economic development for Monaco.

For education, my vision includes the development of Master’s programmes and courses, as well as academic offerings at the International University of Monaco, the Université de Nice, and similar institutions. These initiatives could encompass theoretical courses, practical workshops, and participation in roundtables.

I firmly believe that we, as a collective of legal professionals, need to proactively offer our services to the Government. We should propose innovative approaches in tax policy, legal frameworks, and economic strategies to address the challenges Monaco will face over the next 10 to 20 years.

It’s essential to look at foreign policy models and seek insights from leading law firms and economic advisory groups on matters such as grey lists, whitelists, and EU relations. However, we also possess significant local expertise capable of providing pro bono support to the government. Mobilising my colleagues to harness these local resources is a cornerstone of my agenda.

By leveraging both international perspectives and our own skilled professionals, we can help shape a resilient and forward-thinking Monaco.

In this economic spirit, our license is intended to provide not only legal advice but also fiscal and economic consultancy. To this end, we are strengthening our initiatives by collaborating closely with GREDEG, CNRS, and the Master in Economic Expertise programmes and research hubs at the University of Nice, Sophia Antipolis. 

This collaboration aims to draft a white paper for the princely government and develop a university diploma module on applied economics in law, which aligns perfectly with the DNA of legal advisors, reflecting our comprehensive participation in the economy under the supervision of the Ministry for Economics and Finances.”

You grew up in Monaco; how has its community transformed since your childhood?

“I grew up in Monaco during the 1990s, a time when the Principality had a strong Italian influence. I remember attending school with many Italian classmates.

Monaco has made significant progress since then, particularly in adapting to the post-World Trade Center era starting in 2001. The Principality has evolved in many ways, reflecting the broader changes occurring across the globe.

Under the visionary leadership of Rainier III, Monaco gradually freed itself from French oversight and opened up to the world. This newfound autonomy allowed Monaco to navigate more challenging but also more expansive waters. Prince Albert II has brilliantly taken up the mantle, continuing the work of his father by further clarifying Monaco’s unique position on the global stage and strengthening its distinct identity.

Through strategic economic diversification, enhanced international relations, and a commitment to sustainability, Monaco has secured its economic future and reinforced its reputation as a forward-thinking, adaptable nation. Prince Albert II’s efforts have ensured that Monaco continues to thrive, with a clear and singular presence in the international community.”

On June 28, 2024, the Financial Action Task Force (FATF), the global anti-money laundering watchdog, added the Principality of Monaco to its ‘grey list’ of countries subject to increased monitoring. The Principality is the highest-profile European jurisdiction to be added to the FATF grey list in years.

What do you think about this upcoming period for Monaco?

“Monaco was previously on the grey list, but with the help of the Sovereign Prince, his guidance, and the government, we successfully reversed this trend in 2009.

We also developed new ties with European countries, which have always been part of Monaco’s history. For example, in 1936, we enacted a law for trusts to accommodate the many Commonwealth residents in Monaco.

This adaptability is Monaco’s strength: protecting its citizens while attracting and providing compelling reasons for foreigners to stay. Our economy is thriving, and I am very confident in the government’s policies to ensure that we will soon be removed from the grey list.”

Do you think being on the grey list will bring you more work or fever clients?

“I believe there is a need for more work in terms of administration and administrative tasks. We must explain to our clients the nuanced value added by these tasks, which may not be immediately apparent to them. 

Despite this, I am confident that the flow of clients will continue to grow in Monaco, especially with the shifts in political majorities within historically attractive European Union countries for high-net-worth individuals.”

What would you advise someone who is worried about this “grey list” title?

“The discussions have been ongoing for many years. There was a pause in November, but they will continue. Perhaps the recent geopolitical situation between France and its latest elections, as well as national movements in EU countries that might reshape the EU, will provide a new perspective when they consider Monaco. That’s my hope.

Take advantage of the current situation and invest now, because once we are back on the whitelist, investments may see a significant increase. We were on the grey list until 2009, and since then, Monaco has undergone substantial developments.

Personally, I believe that as professionals, there is not much we can do about this list; it’s part of a global procedure. We accept it and will do our best considering the circumstances. Just as Seiko cannot buy Rolex’s history, no new city in a desert can compensate for our 700 years of history, our unique culture, and our millennia-long attachment to our Princes. The southeastern delta region, blessed by the gods and situated between the Rhineland, Italy, and France, embodies this precious heritage.”

Do you think Monaco will ever join the European Union?

“The discussions have been ongoing for many years. There was a pause in November, but they will continue. Perhaps the recent geopolitical situation between France and its latest elections, as well as national movements in EU countries that might reshape the EU, will provide a new perspective when they consider Monaco. That’s my hope.”