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Portrait of Michaël Dearden

Michaël Dearden

Advanced Associate

CMS
Villa des Cigognes
17 rue Louis Aureglia
BP 450
98012 Monaco Cedex
Monaco
Languages French, English

Michael Dearden is an Advanced Associate in the Banking & Finance team.

His experience covers all the legal issues faced by Monegasque and foreign financial institutions (banks and asset management companies) in their activities in the Principality. In particular, he advises Monegasque and foreign financial institutions on their regulatory obligations towards regulators (ACPR, CCAF, SICCFIN) as well as in matters of security interests, banking secrecy, cross-border activities, contractual review and adaptation and equity transactions between financial institutions.

He also assists Monegasque banks and asset management companies with contractual liability litigation proceedings as well as with commercial disputes.

In addition, he acts on matters involving white-collar crime issues, assisting Monegasque financial institutions in managing all types of fraud allegations and liabilities arising in the course of their activities.

He has particular expertise in fund freezing measures and advises all types of clients on obtaining the release of assets subjected to judicial freezing orders.

Prior to joining the firm in 2017, Michael worked in the legal department of a private equity asset manager in Paris and in business law firms in France.

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Publications

  • Getting the Deal Through: Private Banking & Wealth Management - Monaco Chapter (2020)
  • "Informed client or uninitiated client: legal criteria for distinguishing between the two", Banking & Finance - Monaco (2019-2020)
  • Getting the Deal Through: Private Banking & Wealth Management - Monaco Chapter (2019)
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Education

  • Master’s degree, Banking and Financial Law, University of Lyon (2014)
  • Master’s degree, Business and Corporate Law, University of Lyon (2013)
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04/05/2021
AMEND­MENTS TO THE EU-MONACO MON­ET­ARY AGREE­MENT
The Sov­er­eign Or­din­ance No. 8.600 of April 1st, 2021 has amended the an­nexes A and B of the mon­et­ary agree­ment con­cluded between the Prin­cip­al­ity of Monaco and the European Uni­on on Novem­ber 29th, 2011.Four­teen...
03/12/2020
The CECR, a key act­or for or­gan­iz­a­tions sub­ject to LCB/FTC reg­u­la­tions
The reg­u­la­tions re­lat­ing to the fight against money laun­der­ing, ter­ror­ist fin­an­cing and cor­rup­tion ("AML") is soon to be amended, in ac­cord­ance with Mon­aco's com­mit­ments to the European Uni­on. These ex­pec­ted...
26/11/2020
Amend­ment to the EU-Monaco mon­et­ary agree­ment an­nexes
By Sov­er­eign Or­din­ance No. 8.334 of Novem­ber 5, 2020, the Prin­cip­al­ity of Monaco up­dated An­nexes A and B of the Mon­et­ary Agree­ment of Novem­ber 29, 2011 con­cluded with the European Uni­on.  Amend­ment to...
15/10/2020
The right to open a de­pos­it ac­count in Monaco : the list of re­quired doc­u­ments...
As an ex­ten­sion to the Law n°1.492 of Ju­ly 8, 2020 re­lat­ing to the es­tab­lish­ment of the right to hold a de­pos­it ac­count, Art­icle 1 of The Min­is­teri­al De­cree n°2020-664 of Oc­to­ber 5, 2020, pub­lished...
15/05/2020
COV­ID-19 | New derog­at­ory pro­vi­sions af­fect­ing loans while pre­serving the...
The Act, voted on 5 May 2020 by the Na­tion­al Coun­cil, aim­ing at ad­apt­ing, ex­cep­tionaly and tem­por­ar­ily, Mone­g­asque law to the ef­fects of the COV­ID-19 epi­dem­ic, has just been pub­lished. This Act, pub­lished...
24/04/2020
COV­ID-19 | is art­icle 61-1 of the Com­mer­cial Code be­com­ing a sanc­tu­ary?
The former draft bill has be­come a full-fledged bill aim­ing at ad­apt­ing, ex­cep­tion­ally and tem­por­ar­ily, Mone­g­asque law to the ef­fects of the COV­ID-19 pan­dem­ic, and has now been put on the desk of the...
08/04/2020
COV­ID-19 | Con­tract law soon to be ad­ap­ted?
The Na­tion­al Coun­cil (Monaco Par­lia­ment) is con­sid­er­ing vot­ing a bill to gov­ern con­tract per­form­ance dur­ing the COV­ID-19 crisis.The fol­low­ing derog­at­ory pro­vi­sions shall be­come ap­plic­able to all types...
02/01/2020
Private Bank­ing and Wealth Man­age­ment
In the latest edi­tion of Get­ting the Deal Through's Guide on Private Bank­ing & Wealth Man­age­ment, Olivi­er Mar­quet and Michaël Dearden provide brief and prac­tic­al an­swers on the most cru­cial is­sues faced...
20 September 2019
Banks and Man­age­ment Com­pan­ies
Olivi­er Mar­quet , Gau­ti­er Bar­at and Mi­chael Dearden provide an in­sight in­to this key point in the art­icle that they have co-au­thored on this top­ic:  " In­formed cli­ent or un­ini­ti­ated cli­ent: leg­al...
19 April 2019
Could Mone­g­asque na­tion­als and res­id­ents soon be leg­ally en­titled to a...
The right to a bank ac­count is set to be en­shrined in Mone­g­asque law, after the Gov­ern­ment of the Prin­cip­al­ity in­tro­duced a bill to that end.The bill is ac­tu­ally based on law pro­pos­al No 232 on the in­tro­duc­tion...
28 March 2019
Get­ting The Deal Through
Olivi­er Mar­quet and Mi­chael Dearden re­cently au­thored Monaco Chapter of Get­ting The Deal Through 2019 about Bank­ing Reg­u­la­tion.This volume in the Get­ting the Deal Through series provides an over­view...
22 October 2018
Amend­ment to the Monaco-EU Mon­et­ary Agree­ment
Sov­er­eign Or­der n°7114 of 14 Septem­ber 2018 amended An­nexes A and B to the Mon­et­ary Agree­ment of 29 Novem­ber 2011 between the European Uni­on and the Prin­cip­al­ity of Monaco.These an­nexes list all of the...