ABRIR EMPRESA EM PORTUGAL: O QUE VOCÊ PRECISA SABER

Summary

This video provides an insightful guide on how to set up a business in Portugal, outlining the essential steps involved in the process. The speaker, Gabriela T, a legal expert, explains how to plan the company's structure, including defining the business's objectives and name, and drafting the social contract. The legal and bureaucratic steps follow, including registering the company and obtaining any necessary licenses. Gabriela emphasizes the importance of timely actions, such as opening a bank account and declaring the business's activity to the authorities. She also stresses the value of legal support in navigating contracts and legal requirements for new businesses.

Takeaways

• 😀 The first step in starting a business in Portugal is for the entrepreneur to clarify what they want from the company, and the legal team assists in shaping this vision.
• 😀 A key part of the process involves drafting the 'social contract' and defining the business's scope of work, known as the 'objecto social.'
• 😀 Naming the company is essential, and the name must be checked for availability to avoid legal issues with pre-existing names or trademarks.
• 😀 The process of registering the company involves submitting the contract to the local registry office (IRN), where it is reviewed, corrected if necessary, and then approved.
• 😀 Once the company is registered, the next important step is to open a business bank account, which must be done promptly to avoid delays in declaring the start of business activity to the tax authorities.
• 😀 In Portugal, accountants cannot register companies. Only the entrepreneurs themselves or lawyers with proper authorization can complete the company registration process.
• 😀 After registration, the company must declare the start of its activity with the tax authorities (Finanças) within 15 days, to avoid penalties and fines.
• 😀 Certain types of business activities require special licenses to operate, and the company needs to identify and secure these licenses before starting operations.
• 😀 Some businesses may need multiple licenses, depending on the nature of their products or services. These licenses can take time to acquire, so planning is essential.
• 😀 It's recommended that entrepreneurs seek legal assistance for the creation of contracts and ensure that all documents comply with local regulations, particularly when dealing with employees or real estate.

Q & A

What is the first step in the process of opening a company in Portugal?

The first step is for the client (entrepreneur) to define what they want from the company. This involves a meeting with the legal advisor to understand the business objectives and make strategic decisions, including legal considerations.

What is the role of a lawyer in the company opening process in Portugal?

The lawyer helps by providing legal guidance, assisting with the company's strategic planning, drafting the social contract, and submitting the required paperwork for registration with the appropriate authorities.

What is a 'social contract' in the context of opening a company in Portugal?

The social contract is a legal document that defines the company's purpose, the rights and obligations of the partners, and other essential details necessary for the company's legal existence.

How is the company name chosen during the opening process?

The company name is selected by the partners and must be approved. It’s important to ensure that the name isn't already registered by another company. The lawyer assists in this search and can help find pre-approved names from official documents.

What is the importance of the name check during company registration?

The name check ensures that the chosen company name is unique and available for registration, avoiding legal issues and the risk of a rejected application.

What happens after the social contract and company name are decided?

Once the social contract and company name are finalized, the next step is to submit the application for company registration with the Portuguese authorities (IRN). The application is evaluated, and the company is officially created if everything is in order.

Is it possible to open a company online in Portugal?

Yes, the company registration process can be done online through legal representatives like lawyers, who can handle the registration process remotely, ensuring efficiency.

What must be done within 15 days of opening a company in Portugal?

Within 15 days of the company's formation, it is mandatory to declare the start of the company's activity to the Portuguese tax authorities (Finanças). Failure to do so may result in fines.

Who is responsible for declaring the start of the company's activity to the tax authorities?

The company's accountant is responsible for declaring the start of the activity to the tax authorities. However, accountants in Portugal do not handle the company registration process itself.

What are some of the post-registration steps required for the company to operate in Portugal?

After the company is registered, the next step is to open a business bank account. Depending on the type of business, certain licenses may also be required, which the lawyer can assist in obtaining.

Are there any specific licenses required for certain types of businesses in Portugal?

Yes, certain types of businesses, especially those involving regulated products or services (such as veterinary products or food), require specific licenses to operate. Lawyers can assist in determining and obtaining these licenses.

Why is it important to plan the licensing requirements before starting the business?

Planning for necessary licenses before starting the business ensures that the company complies with legal requirements and avoids delays or financial penalties due to missing licenses. This is especially important for businesses involving regulated products or services.

Can accountants open a company in Portugal?

No, accountants in Portugal cannot open companies. Only the partners themselves, through a legal representative such as a lawyer, can complete the company registration process.

What types of contracts should business owners consider when opening a company in Portugal?

Business owners should consider several types of contracts, including employment contracts, rental agreements, and any other commercial contracts related to the business’s operations. Consulting a lawyer is highly recommended to ensure legal compliance.