Laws, administrative procedures and guidelines

Laws:

1.Commercial Companies Code (Código das Sociedades Comerciais)

Decree Law No. 262/86

(Portuguese)


2.Commercial Registry Code (Código do Registo Comercial)

Decree Law No. 403/86

(Portuguese)


3.Labour Code (Código do trabalho)

Law No. 7/2009

(Portuguese)


4.Legal regime for the entry, stay, exit and expulsion of foreign citizens from national territory

Law No. 102/2017

(Portuguese)


Procedures to set up a company:

Setting up a new company with “EMPRESA NA HORA” (On the Spot Firm)

In less than one hour, it is possible to formalize the establishment of a single-member limited company, a limited company or a public limited company.


All the procedures can be executed in one of the “Empresa na Hora”(On the Spot Firm) counters, available in the whole country and, when the partners/shareholders present all the necessary documents, the company can be established immediately.


Obs.: It is also allowed to set up in Portugal, permanent representations (e.g.branch) of commercial and partnership companies with headquarter in foreign countries.  The procedure is similar to that of the establishment of “Empresa na Hora”(On the Spot Firm), but it must be conducted at the counters of “Sucursal na Hora”  (On the Spot Branch)


1.Obtain a Portuguese Tax Identification Number (TIN)

The TIN (VAT number within the EU) can be obtained at any Tax Office, multipurpose Administrative Services Centre (Citizens’ Bureau) or at a Portuguese consulate.


2.Setting up the Company “ON THE SPOT”

At least 24 horas after obtaining the TIN (NIF), the partners/shareholders can go to the “Empresa na Hora” (On the Spot Firm”) counter.  In case they cannot be present, or are represented by a third party, it is necessary to present a power of attorney, as well as the ID document and TIN of the proxy.


Obs.: It is also possíble to establish a company online, as long as the applicant(s) can be authenticated through a digital certificate: (e.g. Citizen Card, digital certificate of the lawyer, solicitor, or notary).


3.To submit a busines start up Statement

For fiscal purposes, the Business Start up Statement, signed by the certified accountant, can be filed either at the “On the Spot Firm” counter immediately or within 15 days at any tax office or at the Tax Authority Website.


4.To deposit Share Capital

After the company has been established, the partners/shareholders must deposit, within a period of 5 working days, into a bank, the value of the social capital in the name of the company.  In case of limited companies or single

 member limited companies, the value can be kept in the accounts of the company untill the end of the first financial year.


Source: InvestLisboa