Chapter VI · Management, supervision and company secretary · Section V · General and supervisory board

Article 439 Appointment by the court

Artigo 439.º · Nomeação judicial

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

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1. If the general and supervisory board no longer has the number of members needed for it to be able to meet, the court may make up that number at the request of the executive board of directors, a member of the general and supervisory board or a shareholder.

1 - Se já não fizer parte do conselho geral e de supervisão o número de membros necessários para ele poder reunir-se, o tribunal pode preencher esse número, a requerimento do conselho de administração executivo, de um membro do conselho geral e de supervisão ou de um accionista.

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2. The executive board of directors must submit the application provided for in the preceding paragraph as soon as it becomes aware of that situation.

2 - O conselho de administração executivo deve apresentar o requerimento previsto no número anterior logo que tenha conhecimento da referida situação.

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3. Appointments made by the court lapse as soon as the vacancies are filled in accordance with the law or the articles of association.

3 - As nomeações efectuadas pelo tribunal caducam logo que as vagas forem preenchidas, nos termos da lei ou do contrato de sociedade.

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4. Members appointed by the judge have the rights and duties of the other members of the general and supervisory board.

4 - Os membros nomeados pelo juiz têm os direitos e deveres dos outros membros do conselho geral e de supervisão.

What we checked in this article

The persons entitled to apply (executive board of directors, a board member or a shareholder), the executive board's duty to apply as soon as it becomes aware, the lapse of court appointments when vacancies are filled, and the equal rights and duties of court-appointed members 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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