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CORPORATE, COMMERCIAL, MERGERS AND ACQUISITIONS

 

  • Advise on both structural decisions (incorporation, share holder agreements, transformation, mergers and demergers) and other shareholder or board resolutions.

  • Advised numerous operations, ranging from due diligence procedures and preliminary agreements (MOU, non disclosure agreements) to the negotiation and drawing up of final contractual documents, including advice on the selection of the operational model and structure to be employed.

  • Negotiation and preparation of a full range of contract types, including business cooperation contracts, distribution agreements (agency, concession and franchise), joint venture contracts, contracts for works and the provision of services, contracts relating to real estate (sale and purchase, leasing, tourist development) and commercial leasing contracts (e.g. assignment of a going concern, winding-up).

 


 

INSOLVENCY

 

  • Insolvency proceedings, formerly known as bankruptcy is the last resort for people and families over-indebted. 

  • The insolvency of single persons shall be requested from the court only when there is no way to pay the debts.

  •  It is important to refer to the expert advice of a lawyer to submit the application for insolvency, given the complexity of this process. 

  • The purpose of bankruptcy proceedings is to prevent debtors remain forever with debts they could not pay. 

  • But insolvency has significant effects on the debtor's assets.

  • Under this procedure, the court decreed the sale of the debtor's assets in order to pay off debts. 

  • If the money obtained from this sale are insufficient to pay all debts, the debtor will remain liable for the debts remaining after finishing the insolvency proceedings. 

  • Not to be responsible for these remaining debts, the debtor must make a request for dismissal of the remaining liability, when the bankruptcy petition or within ten days of the service. 

  • This means that, for five years, called the period of the assignment, all proceeds to fit the debtor, under any title, will be distributed by order of the court.

 



Real Estate Law


 

ATTORNEY AT LAW - AZORES - Property Lawyer

Real Estate Law


 

ATTORNEY AT LAW - AZORES - Property Lawyer


REAL ESTATE

Buying Property in Portugal

It is usually quite simple to acquire property in Portugal, 

The common first step once you decide to acquire is to sign a promissory contract and pay a deposit. Specific rules may apply if any of the parties withdraw from the deal. 

At this point the final contract has to be drafted.

In order to have it done, several checks to the actual ownership must be verified. 

  • If the property is registered to the actual owner.
  • If there are no mortgages or charges on the property.
  • For urban properties the correspondent licence of habitation, if registered at the Portuguese IRS after 1951.

Buying real estate property implies the payment of acquisition Taxes - IMT and Stamp taxes, which can varies between 0% and 8%, depending on the value declared for the property and the Portuguese IRS Patrimonial Value, which is paid in advance to the signing of the final contract. 

The deed is then finalised and signed by both parties. The document is then authenticated and submitted for deposit, and registry at the land registry offices. 

After usually 8 business days, the land registry offices issues a certificate in the name of the new owner. 


 



CV-II


ATTORNEY AT LAW - AZORES

CV-II


ATTORNEY AT LAW - AZORES

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PERCURSO ACADÉMICO E PROFISSIONAL

Ensino Primário - Casa de Infância de Santo António - Horta

Ensino Primário na Escola Coronel Silva Leal - Horta

Formado na Escola Secundária Manuel de Arriaga - Horta

Licenciado pela Faculdade de Direito da Universidade de Coimbra

Inscrito na Ordem dos Advogados, como estagiário, desde 2006

Inscrito na Ordem dos Advogados desde 2008

Prática da Advocacia desde 2008

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Contacts and Fees II


ATTORNEY AT LAW - AZORES

Travessa de S. Francisco, 9

Horta - Faial - Açores

292709272

Contacts and Fees II


ATTORNEY AT LAW - AZORES

Travessa de S. Francisco, 9

Horta - Faial - Açores

292709272

 

FEES

In order to determine the value of fees, the Portuguese Bar Association Statue, on it's 100.º article, establish several rules, for example the importance of the work, the difficulty of the service, urgency, and responsibility assumed.

Inquire for an estimate for expenses and fees.