Ordinance no. 155/2021/1 of May 24 was published on May 24, 2024, which also regulates the procedure for the online incorporation of companies and the entity page and "entity page" provided for in article 14-A of the Commercial Registry Code.
Thus,
Regarding the online incorporation of companies, it is regulated in Chapter II of the aforementioned Ordinance.
The functions that the online site must allow are set out in Article 3 of the aforementioned Ordinance.
With regard to the acts to be carried out in the context of the application for incorporation of the company, art. 5 of the said Ordinance stands out, according to which the following acts may/must also be carried out:
"a) Opting for a business name consisting of a fantasy expression previously created and reserved in favor of the State, whether or not associated with the acquisition of a trademark previously registered in favor of the State, or for a business name that corresponds to the name of the natural person partners under the terms of article 50-A of the RNPC legal regime, approved by Decree-Law no. 129/98, of May 13, in its current wording, or for a business name contained in a previously obtained certificate of admissibility of a business name;
b) Opting for a memorandum or articles of association using a model approved by the chairman of the board of directors of IRN, I. P., or for a memorandum or articles of association drawn up by the interested parties;
c) Electronic completion of the information required to submit the declaration of commencement of activity for tax purposes and, where applicable, the possibility of identifying the certified accountant, by indicating their name, professional card number, tax identification number, professional address and email address;
d) If this has not yet been done, the shareholders must declare, under their responsibility, that the deposit of the contributions in cash is made within five days of the communication of the registration of the company's incorporation provided for in article 10.1 a), or, in the cases and terms in which the law allows it, that the respective contributions in cash are delivered to the company's coffers by the end of the first financial year;
e) Filling in the information required to comply with the obligation to declare the beneficial owner register;
f) Payment, by electronic means, of any charges due."
In addition, where applicable, the respective documents must be submitted via the platform:
"a) Documents proving their capacity and powers of representation for the act;
b) Special authorizations required for the incorporation of the company;
c) Declaration of acceptance of the appointment to the position of manager or director and a declaration stating that they are not aware of any circumstances that may inhibit them from holding the position, when this is not made in the memorandum of association of the company referred to in point b) of the previous paragraph."
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With regard to the entity's website, it is regulated in Chapter III of Order no. 155/2024/1, of May 24, and can be accessed via the link https://registo.justica.gov.pt.
According to Article 11, the website must at least provide the following information and allow the following access/functionalities:
"a) Information from the commercial register or other information communicated to the commercial register;
b) Information on the beneficial owner;
c) Information on the annual accounts, where applicable;
d) Direct access to IRN, I. P. services, namely to commercial registration requests;
e) Access to the history of interaction with IRN, I. P. services; and
f) Functionality for receiving notifications, warnings and alerts from the registration services."
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