Chapter VI · Management, supervision and company secretary · Section II · Supervision

Article 417 Appointment by the court at the request of the management or of shareholders

Artigo 417.º · Nomeação judicial a requerimento da administração ou de accionistas

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

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1. If the general meeting does not elect the members of the supervisory board, or the sole supervisor, full and alternate, not covered by the preceding Article, the company’s management must, and any shareholder may, apply for their appointment by the court.

1 - Se a assembleia geral não eleger os membros do conselho fiscal, ou o fiscal único, efectivos e suplentes, não referidos no artigo anterior, deve a administração da sociedade e pode qualquer accionista requerer a sua nomeação judicial.

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2. Members appointed by the court are entitled to the remuneration fixed by the court in the exercise of sound discretion and cease to hold office as soon as the general meeting holds the election.

2 - Os membros judicialmente nomeados têm direito à remuneração que o tribunal fixar em seu prudente arbítrio e cessam as suas funções logo que a assembleia geral proceda à eleição.

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3. Court costs and payment of the remuneration referred to in the preceding paragraph are borne by the company.

3 - Constituem encargos da sociedade as custas judiciais e o pagamento das remunerações a que se refere o número anterior.

What we checked in this article

The management's duty and each shareholder's right to apply for a court appointment, the court-fixed remuneration, cessation of office upon election by the general meeting, and the company's liability for costs and remuneration 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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