A Portuguese company may transfer its head office to another country as long as the law of said country allows such re-domiciliation. The company, upon such re-domiciliation, shall keep its legal personality.
The shareholders decision must be taken by at least 75%of the votes corresponding to the share capital.
Tax implication of the re-domiciliation of companies
Likewise, a company from another country may transfer its head office to Portugal, if the law of said country allows such re-domiciliation, whilst maintaining its legal personality. However, this company must adapt its articles of association in order to comply with the Portuguese law.
In order to re-domicile a company to Portugal, the following documents are requested:
All these documents should be legalized with the apostil of the Hague Convention.
Before preparing all these documents it is recommended that a first enquiry/pre-application is made in advance to the Portuguese authorities regarding the name approval of the company to be re-domiciled.
Should the name not be approved in Portugal, then the above mentioned resolution must also mention that the company will adopt another name in Portugal.
The partners of a Company in Portugal may be individuals or companies. Since in Portugal there are no restrictions to the transfer of capital nor to the distribution of profits or dividends, non-resident Partners are allowed.
Portuguese companies must abide by the Code of Commercial Companies, that defines the legal form of the entities and regulates all the formal and operating aspects of the companies and respective intervening parties.
Managers and directors of companies in Portugal are appointed or removed by the shareholders. They shall be responsible for the sound management of the Company, in full Compliance of the legislation and regulation in force in Portugal.
All industrial activities require licensing, so to guarantee not only public health protection, safety and hygiene in the workplace and the safety of people and goods. The licensing of commercial establishments is currently, as a general rule, under the exclusive jurisdiction of local government.