Legal Services in Portugal

Updated on Friday 29th May 2020

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Our law firm based in Portugal is ready to offer to international clients interested in developing businesses in this country a wide range of legal services like company formation, business registration, support for licenses and permits, assistance for purchasing a shelf company, debt collection, and company litigation on request. Please find out information about the legal services we can provide for foreign investors looking for business in Portugal.

Incorporation of Portuguese companies

Our lawyers in Portugal can assist with the set up of a company in this country. Whether it is a limited liability company or a joint stock company, our Portuguese attorneys will represent your interests in dealings with the local authorities. As such, there would be no need for you to come to Portugal to start a company, since you may grant us the power of attorney, enabling us to act on your behalf. We also offer, alongside these stated above, additional services such as a virtual office, accounting services and more. We can also help you with obtaining a Portuguese work permit for your employees.

Opening subsidiaries and/or branches in Portugal

If you decide upon opening a branch or subsidiary of your company from abroad in Portugal, we welcome you to contact our law firm in Portugal for further assistance. Our Portuguese lawyers will take care of the entire procedure, to assure that you can start your activity in this country. We remind that a subsidiary is an independent legal entity compared to a branch which needs to report all the activities to the parent company. In any case, it is good to know that both subsidiaries and branches can be easily established, with complete support offered by our team.

Obtaining special permits or licenses

Certain economic activities you may run in Portugal will need special permits and licenses from Portuguese authorities. By contacting our lawyers, you no longer need to be physically present in Portugal in order to obtain these documents; they will handle the necessary procedures in accordance with Portuguese law in order for you to obtain the authorizations. If you are interested in opening a restaurant or a bar, you should know that specific licenses and permits are needed, especially for selling food and alcohol. A sanitary inspection is also needed before the business is open on the market. Let us guide you throughout the processes involving the necessary licenses and permits for your company in Portugal.

Mergers and acquisitions

Our attorneys in Portugal look forward to assisting you with any mergers and acquisitions you may want to make, whether you are interested in the purchase of shares or stocks in a Portuguese company or are involved in a corporate restructuring. It is important to know all the legal aspects relating to mergers and acquisitions in Portugal, in order to easily and rapidly start the activities. Even though there are no special requirements, it is important to pay attention to the conditions involved in mergers and acquisitions in Portugal.

Liquidation of Portuguese companies

Upon deciding to finish your business activities in Portugal, if you are looking to liquidate your company, our Portuguese attorneys will assist you throughout the entire process. A company dissolution involves a series of stages, and the first one involves the deed at the public notary in the city the business is registered. The next step is to form and record the general assembly that needs to agree with the company liquidation at a certain date. This is more of a decision of closing the company for which the shareholders need to agree with all the details, especially the ones involving the common assets. The Social Security Office and the Directorate General for Taxation in Portugal are two important institutions which need to be informed about the company dissolution. It is good to know that the Commercial Register Dissolution and the involved departments must conclude the company liquidation in no more than two months. In the case of bankruptcy, the first thing to do is to analyze the assets of the firm and also the economic situation before declaring the insolvency. A company liquidation will also involve the creditors if any, and it is important to have a team of experienced lawyers at your services in such case.

Corporate and commercial litigation

If ever needed, our law firm in Portugal will represent you in front of any court of justice in this country, through every stage of the litigation process. If your company in Portugal faces commercial litigations you should immediately ask for our legal support, as our team has extensive experience in this matter. The court proceedings in Portugal when it comes to commercial disputes involve a series of procedures, among which, the ones in which all parts must present the case and the issues with the help of a Portuguese attorney who knows how to deal such cases. It is good to know that business issues are dealt in the court of law in compliance with the Commercial Code in Portugal. Arbitration is also a solution in commercial disputes and related litigation matters. In this matter, an arbitration agreement is recommended in order for the parties to easily solve the problems, of course, under specific terms and arrangements. An arbitration case takes place in the court of law in Portugal and specifically in an arbitration tribunal, with the help of arbitrators and lawyers. As for the laws governing the arbitration in Portugal we remind the Civil Code in Portugal and the Portuguese Voluntary Arbitration Law. Let us remind you that our team of advisors in Portugal is at your services if your company is involved in litigation matters. In case you need legal services in Spain, for example assistance in divorce cases or when making a will in Spain, we can put you in contact with our Spanish partners.

Tax advice and planning

Most often foreign investors in Portugal need guidance in learning of legal methods in minimizing the taxes for their business transactions. Our Portuguese lawyers are available to offer you a variety of solutions, tailored to your specific needs and in accordance with Portuguese law. Foreign companies with establishments in Portugal are entitled to respect the tax regulations in this country regardless of the chosen business structure, meaning that the same rules apply to both foreign or domestic enterprises in Portugal. It is good to know that the corporate income tax is set at 21% and applies to companies with at least EUR 15,000 registered profits. In the case of free trade zones and companies established here, the corporate income tax is set at 17.5%. In the case of dividends and interest, a tax rate of 28% is applicable, however, you need to know that Portugal signed double taxation treaties through which companies can benefit from lower taxes if it is the case. In any case, it is recommended to have the support of specialists and find out more about how we can offer legal advice in matters of taxation in Portugal.

Debt collection in Portugal

Recovering debts in Portugal means providing complete attention to the stages involved for which the assistance of a lawyer is needed. The debt collection process starts with a letter of notification through which the debtor is informed that he/she needs to make the payments within a specific period. In the case the debtors do not respect the imposed payment time, the case may be sent to the court of law

Please contact our law firm in Portugal for legal assistance regarding any of the matters covered above.