Chapter II · Legal personality and capacity

Article 5 Legal personality

Artigo 5.º · Personalidade

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

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Companies acquire legal personality and exist as such from the date of definitive registration of the articles of association under which they are incorporated, without prejudice to the provisions governing the formation of companies by the merger, division or conversion of other companies.

As sociedades gozam de personalidade jurídica e existem como tais a partir da data do registo definitivo do contrato pelo qual se constituem, sem prejuízo do disposto quanto à constituição de sociedades por fusão, cisão ou transformação de outras.

What we checked in this article

Legal personality is linked to definitive registration; merger, division and conversion exceptions remain.

Is Article 5 relevant to a company you run or plan to set up?

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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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