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We are a team of lawyers based in Portugal, with a strong background in financial and corporate law. Read below about the main services offered to local and foreign clients.

Lawyers in Portugal

Lawyers in Portugal

Updated on Wednesday 07th April 2021

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Investors in Portugal can choose to work with our team of experienced lawyers, from the earliest stages of market analysis and business planning and through the entire company incorporation process. Foreign investments are one area in which our lawyers have accumulated a vast experience after having worked with both local and foreign investors from countries around the world.
 
Our law firm in Portugal treats each customer with respect and seriousness and offers solutions for any type of legal problem. Our lawyers’ professional competence, efficiency, and dedication are the values that we respect with the purpose of satisfying each claim presented to us. Professional legal advice is very important for an accurate assessment of interests and for the guaranteed success of your business in a litigation case before any court in Portugal.
 
Lexidy Law Boutique SLP is a law firm in Spain, also with offices in Portugal, that offers legal services, with the support of an experienced and skilled team of lawyes who speak English and German. Lexidy Law Boutique SLP was founded by Federico Richardson Alborna, an English-speaking lawyer in Spain registered at the Bar Association with the number 40.082.
 

Our affiliations

 
Lexidy Law Boutique SLP is part of the "Camara de Comercio Hispano – Sueca de Barcelona" (Sweden - Spain Chamber of Commerce in Barcelona), Il Lustre Col-Legi de L’advocaia de Barcelona (Barcelona Bar Association), the International Bar Association and Deutsch-Spanische Juristenvereinigung eV Hispano-German Association of Jurists (German-Spanish Association of Lawyers), prestigious institutions.
 
 
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Tax advice in Portugal

 

The tax compliance in Portugal can be slightly overwhelming for new entrepreneurs or foreign investors. Choose to work with our law firm that is constantly collaborating with experienced accountants to accomplish any tax-related matter required by the Portugal law. Our law firm will offer you full service and guidance for VAT registration, payroll services, tax payments and it is also able to help you avoid double taxation.

 

Debt collection with the help of our lawyer in Portugal

 

Even though the debt collection procedures may become complex, our lawyers’ experience in this field is strong enough to offer you the proper services, no matter which party of the process you represent. From issuing demand letters to negotiations, the full representation before the court and in relation with the competent authorities and even in case of attachment and seizure, our lawyers’ experience and knowledge will provide you with solutions and results.
 
 
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How can I open a business in Portugal?

 

The Commercial and Business Law in Portugal are fully interdependent and, for this reason, our law firm believes that all the phases of a business, from the beginning and also during its development, require complete legal assistance. With extensive experience in commercial and business law, our law firm in Portugal offers the needed support in drafting the company documents, for making the proper decisions, but also for the risk assessment of your company.
 
Your business needs a professional legal representation on an active market like Portugal. For this purpose, our experienced lawyer in Portugal offers customers the opportunity to benefit from specialized services, such as trademark registration of a mark in the national or international community. Whether you need assistance with industrial property (inventions, trademarks, industrial designs) or copyright and related rights, our Portuguese lawyers will offer you their services for the representation of your company. This is a recommended step for all companies in Portugal in order to avoid any copyright infringement issues.
 
Portugal has implemented a simplified process for company creation. The one-stop-shop and the online registration are also available to foreign investors. The list below summarizes the four main steps needed to open a company in Portugal, helped by our Portuguese lawyers:
 
  1. Choose a type of company: the two most popular business forms are the public company and the private limited company, with the first one being suited to large corporations and the other more appropriate for small and/or medium-sized companies.
  2. Choose the company name: investors can choose from a list of pre-approved names (for a faster procedure) or submit their own name for approval.
  3. Draft the articles of association: like in case of the name, investors can use a standard form for the Articles of Association or draft them with the help of our lawyers.
  4. Registration: once all of the documents are in order, the company can be registered with the Companies Registry and obtain its corporate ID.

 

Assistance for foreign investors, provided by our lawyer in Portugal

 
Our team has extensive experience in working with foreign entrepreneurs and can help you handle the entire company registration process. Even more so, we can help handle part of the steps through a special power of attorney, if you cannot be present in the country during all of the company formation steps. Portugal has a welcoming business climate and foreign investors enjoy the same rights as national entrepreneurs, being able to gain foreign ownership of a company. Foreign investors are also allowed to own land. Our team can give you specific details, as per the relevant laws, if you are interested in setting up a company, relocating one or opening a branch.
 

Can I receive support for special licenses and permits?

 
Yes, our Portuguese lawyers can offer the necessary legal advice in order for you to understand the terms and conditions for obtaining the mandatory licenses and permits for your future company in Portugal. Self-practitioners, or entrepreneurs looking to incorporate a company in the tourism sector, construction or transportation should observe the requirements for obtaining the special licenses and permits. We are at your disposal with complete assistance and support.
 

Business start-up costs in Portugal

 
Opening a company in Portugal is subject to varied conditions and to different costs an investor should consider. The minimum share capital, the registration fees, the costs for applying for special licenses and permits are among the expenses that need to be taken into consideration at the time a foreign entrepreneur wants to start a business in Portugal. Also, renting an office space for a business in Portugal is subject to different costs that should be observed at the time of company formation. It is good to know that there are no costs for opening a bank account in Portugal, but the included services might be subject to varied fees.
 

Labour Law counseling 

 
The Labour Law will always be a focus area for both employees and employers, and our Portuguese lawyers can provide counseling and representation in all labor disputes, including for cases that go to court. In the context of a developing Portuguese market, employers are in need of workforce professionalism and stability. Another key element is to comply with the duties and obligations under an employment agreement, including the manner in which such a contract can be terminated. Our law firm in Portugal offers full services in matters of Labour Law.
 
Our team of lawyers treats each case with the utmost consideration, diligence, and professionalism. We can help represent both companies and individuals in Poland as needed in negotiations or before a court. Before you enter into any legal proceedings or if you simply need legal counseling and advice on a certain matter, you can schedule an appointment with one of our lawyers.
 

Company liquidation in Portugal

 
When you want to close a company, let our law firm in Portugal take care of this procedure, by providing full services and representation in all the steps required by the law. By working with our lawyers, the procedure of closing a company becomes simpler and more efficient and will be achieved in the best time.  

 

Why start a business in Portugal?

 
Having a strategic location in Europe and connecting by air, sea, and land with countries worldwide due to an extremely advanced infrastructure and transportation, Portugal is definitely a business destination that offers lots of opportunities for domestic and foreign investors. In terms of import and export activities, Portugal respects the EU directives and principles, being a significant business partner on an international level.
 
The workforce in Portugal is extremely competitive and highly experienced and a top choice for investors looking to establish their presence in Portugal and rely on the available labor force in the country. The one-stop-shop system for company registration in Portugal is appealing for investors because this way they can commence the activities rapidly, without having to concern about the formalities involved. We would like to remind that our team of attorneys is at your disposal with comprehensive legal assistance if you are looking to incorporate your activities through a company in Portugal, whether you would like to establish a branch, a limited liability company or act as a sole trader. 
 

The legal system in Portugal

 

The Portuguese Constitution defines the principles that form the basis of the legal system and the functioning of the courts in Portugal. Thus, the courts are competent to administer justice for any individual that brings a case before the justice. The courts' mission is to safeguard the rights and legally protect the citizens’ interests, to prevent the breach of the rules and regulations in order to keep the democratic legislative system and resolve public and private disputes. The courts are independent bodies and the decisions issued by them are binding on all public and private entities and prevail over those of other public bodies. The oral proceedings are held in public unless the court decides otherwise by a written motivation to safeguard the dignity or morals or to ensure proper operation solution.

 

What types of courts are in Portugal?

 
In the civil jurisdiction, the common courts in civil and criminal matters are the courts of ordinary jurisdiction, organized in three instances, by hierarchy and by the territory covered:
 
  •  the Supremo Tribunal de Justiça (National Court in Portugal);
  •  tribunais da Relação (involves the regional courts in Portugal);
  •  tribunais judiciais de comarca (courts of first instance in Portugal).
 
The ordinary courts assume one of the following three categories, depending on the case and the amount in dispute:
 
  • courts with generic competence;
  • courts with specialized competence (criminal matters, family law, labor law, commercial law, maritime and enforcement of penalties);
  • courts with specific competition (judgments in civil, criminal or mixed cases; civil or criminal trials; civil judgments or criminal offenses).
 

What do you need to know about the courts in Portugal?

 
The administrative jurisdiction is represented by the administrative and tax courts (first instance), the central administrative courts (for north and south territories) and the Supreme Administrative Court (with national jurisdiction). Jurisdictional disputes between courts are resolved by the Court of Conflicts, as regulated by the law. Please observe the following details about the courts in Portugal:
 
  • the Constitutional Court has the main task to analyze the constitutionality or legality of laws and regulations and the constitutionality of the legislative omission.
  • the Court of Auditors is the highest body to judge the legality of public expenditure and the review of accounts in order to comply with all the legal requirements.
  • the courts of ordinary jurisdiction are the common courts in civil and criminal matters and can exercise jurisdiction in all matters not assigned to other courts of higher levels. The courts of ordinary jurisdiction include the Supremo Tribunal de Justiça, the courts of second instance (usually regional courts) and the courts of first instance (usually district courts).
  • Administrative and tax courts are charged with resolving disputes in administrative and tax matters. Supreme Administrative Court, the central administrative courts, administrative courts, and tax courts, is part of this category.
  • the Courts of Magistrates exercise the jurisdiction in civil matters with a value not exceeding EUR 5,000.

 

Court proceedings in Portugal

 
The commercial disputes in Portugal are presented in the court of law with ample information about the defendant and complainant involved in a particular case. If an amicable procedure showed no positive results, the case goes to the Portuguese courts for public or private hearings. For company matters, most cases are held privately, especially if business and contractual matters are involved. All cases are dealt with in respect to the provisions of the Commercial Code Portugal. Our litigation attorneys in Portugal can represent your company in the courts of law without having for you to be present at the proceedings.
 
 

Arbitration in Portugal

 
International commercial disputes can be solved with the help of the amicable procedure instead of dealing with time-consuming trials and proceedings. Arbitration in Portugal is overseen by the Arbitration Centre of the Portuguese Chamber of Commerce and Industry in respect for the Portuguese Voluntary Arbitration Law. Several arbitration agreements and written documents containing new clauses or requirements are sufficient for terminating a commercial dispute between two or more companies in Portugal. Labor, economic, or insolvency disputes can be decided with the help of arbitration in Portugal.
 

Frequently asked questions

 

1. What are the conditions for doing business in Portugal?

 
Portugal maintains favorable investment and business policies and encourages investments, including foreign investors. The simplification of the taxation procedures, as well as the improvement of the telecommunications infrastructure, are part of an effort to attract FDI.
 

2. Are there any limitations concerning foreign investors in Portugal?

 
Foreign investors have the same rights to establish a company as nationals, however, they are required to declare their investment within 30 days. One of our lawyers in Portugal can give you complete details about these requirements.
 

3. What are the most important legal issues to consider about company formation?

 
Observing the provisions of the Company Law is mandatory. These include incorporating and registering a company, having a registered office in the country and providing transparent and accurate financial reports.
 

4. Are there any special requirements for companies in Portugal?

 
Government approval is required in sectors like maritime and air transportation, water management and a number of different sectors. Financial institutions need approvals from the Bank of Portugal and/or the Ministry of Finance.
 

5. What are the legal provisions for employment in Portugal?

 
The Labor Code is the main legal resource for the rights and obligations of both national and foreign employees. All employment relations in the county are concluded via an employment contract.
 

6. How are companies taxed in Portugal?

 
Companies registered in Portugal are taxed on their worldwide profit at a standard rate of 21%. Small businesses may be subject to a simplified taxation regime
 

7. How are individuals taxed in Portugal?

 
Individuals are taxed on their worldwide income derived from the country while foreign employees only on their Portuguese-source income. The personal tax rates are progressive, to up to 48%.
 

8. What are the visa requirements for Portugal?

 
The visa requirements will depend on the nationality of the foreign visitor. Some categories of foreign nationals are allowed to stay in the county for up to 90 days with only a valid passport.
 

9. What are the requirements for obtaining a residence permit in Portugal?

 
EU nationals who have been lawfully living in the country for at least five years can apply for a permanent residence certificate.
 

10. How can I handle litigation cases in Portugal?

 
The team of experts at our law firm in Portugal can help you with representation in local courts. Contact us for more information on how we can assist you.
 
If you need more information about the services provided by our law firm in Portugal please feel free to contact us.