Registries and notary

Proof of certain facts or rights – such as, for instance, incorporation of a company, ownership of real estate assets or Portuguese nationality – is made via inscription in the respective register (commercial, land or civil). Also the constitution or transmission of certain rights – e.g. the ownership over real estate assets – is made via documents in a certain legal form. On both cases, the exercise of the substantive rights depends on the perfection of form of the constitution and registration of such rights. For that reason, the work developed by the registries and notary team has an important impact in the life of individuals and companies.

The Portuguese legal framework underwent profound changes in the area of registries and notary in the last few years: on the one hand the range of notary acts that may be performed by lawyers (previously restricted to notaries) increased; an, on the other, several IT platforms were developed that grant speed to the procedures and acts of registration, simultaneously reducing fees when used.

The lawyers at REIS, MALHEIRO & ASSOCIADOS are experienced in this area and render support to their clients in the following acts and procedures (among others):
– Certification of documents and translations, legal acknowledgment of signatures, statement of authenticity;
– Drafting of authenticated private documents and participation in public deeds (in the name and in representation of the interested party);
– Representation and follow up services in cases of civil register and nationality (birth, marriage, divorce, legal separation, death, etc.);
– Representation and follow-up services in cases or acts concerning land registry (constitution, recognition, acquisition or modification of rights of ownership, usufruct, use and habitation, surface or easement, horizontal property, transactions for the transformation of the land ownership structure resulting from division, co-ownership structure, merger, transfer of assets to creditors, mortgages, among others);
– Representation and follow-up services in cases or acts concerning commercial registry (constitution, merger, de-merger and liquidation of commercial companies; capital increases; unification, division and transmission of shares in private limited liability companies; constitution and transmission of usufruct; pledge, attachment, listing and lien over shares or rights over shares; dismissal and exclusion of partners; designation and dismissal of members of corporate bodies; among others).

Please refer also to the following related areas:
– Real Estate
– Commercial & Corporate Law
– Intellectual property
– Litigation and dispute resolution