As any other Portuguese company, a Madeira 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.
Likewise, a company from another country may transfer its head office to Madeira, 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 Madeira, 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.
Steps needed in order to complete the re-domiciliation:
The International Shipping Register of Madeira - MAR, created within the scope of the IB Centre, provides Madeira with an important role in the maritime sector
Partners or shareholders of a Company in Madeira are subject to the same legislation and principles applicable to any other Portuguese Company. There are however some differences at the level of the tax treatment of non-resident partners or shareholders of companies licensed to operate in the IBCM.