Chapter X · Divisions of companies · Section I · Domestic divisions

Article 129 Formation of new companies

Artigo 129.º · Constituição de novas sociedades

Código das Sociedades Comerciais · Decree-Law No. 262/86 · consolidated text checked 26 October 2026

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1. Only the companies concerned may take part in the formation of new companies by simultaneous division-mergers of two or more companies.

1 - Na constituição de novas sociedades, por cisões-fusões simultâneas de duas ou mais sociedades, podem intervir apenas estas.

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2. The participation of members of the divided company in the formation of the capital of the new company may not exceed the value of the separated assets, net of the debts which accompany them by agreement.

2 - A participação dos sócios da sociedade cindida na formação do capital da nova sociedade não pode ser superior ao valor dos bens destacados, líquido das dívidas que convencionalmente os acompanhem.

What we checked in this article

Only the companies being divided may take part in forming a new company by simultaneous division-mergers, and members' participation in the new company's capital is capped at the net value of the separated assets.

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Unofficial English translation prepared by BCA Portugal for reference. Only the Portuguese text published in the Diário da República has legal force. Editorial notes are ours and are not part of the statute.

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