Chapter VI · Management, supervision and company secretary · Section I · Board of directors

Article 401 Supervening incapacity

Artigo 401.º · Incapacidade superveniente

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

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If, after the director’s appointment, any incapacity or incompatibility arises that would have constituted an impediment to that appointment, and the director does not cease to hold office or does not remove the supervening incompatibility within 30 days, the supervisory board or the audit committee must declare the director’s term of office ended.

Caso ocorra, posteriormente à designação do administrador, alguma incapacidade ou incompatibilidade que constituísse impedimento a essa designação e o administrador não deixe de exercer o cargo ou não remova a incompatibilidade superveniente no prazo de 30 dias, deve o conselho fiscal ou a comissão de auditoria declarar o termo das funções.

What we checked in this article

The 30-day period to cease office or remove the incompatibility and the duty of the supervisory board or audit committee to declare the end of office are retained.

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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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