Chapter XV · Oversight by the Public Prosecution Service

Article 172 Application for judicial liquidation

Artigo 172.º · Requerimento de liquidação judicial

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

#

If the articles of association were not executed in the form required by law, or the company’s object is or becomes unlawful or contrary to public policy, the Public Prosecution Service must apply, without the need for prior declaratory proceedings, for the judicial liquidation of the company, if liquidation has not been commenced by the members or has not been completed within the statutory period.

Se o contrato de sociedade não tiver sido celebrado na forma legal ou o seu objecto for ou se tornar ilícito ou contrário à ordem pública, deve o Ministério Público requerer, sem dependência de acção declarativa, a liquidação judicial da sociedade, se a liquidação não tiver sido iniciada pelos sócios ou não estiver terminada no prazo legal.

What we checked in this article

The three triggering grounds, the Public Prosecution Service's duty to apply without declaratory proceedings, and the conditions that liquidation has not been commenced by the members or not completed within the statutory period are retained.

Is Article 172 relevant to a company you run or plan to set up?

We advise on Portuguese company law in English every day: formation, capital, members’ resolutions, managers’ liability and restructuring. A written answer and a fixed quote within one working day.

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.

Applying the law

Portuguese company law, explained in English by the people who apply it

Reading the statute is the first step. Applying it to your articles of association, your capital and your board is where mistakes cost money. Tell us what you are deciding and we will set out the rules that apply and what it costs to get it done.

Get a quote