Chapter VIII · Amendments to the articles of association · Section I · Amendments in general

Article 86 Protection of members

Artigo 86.º · Protecção de sócios

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

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1. An amendment to the articles of association may be given retroactive effect only unanimously and only in relations between the members.

1 - Só por unanimidade pode ser atribuído efeito retroactivo à alteração do contrato de sociedade e apenas nas relações entre sócios.

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2. If the amendment increases the obligations imposed on members by the articles, that increase is ineffective in relation to members who have not consented to it.

2 - Se a alteração envolver o aumento das prestações impostas pelo contrato aos sócios, esse aumento é ineficaz para os sócios que nele não tenham consentido.

What we checked in this article

Retroactivity requires unanimity and affects only inter-member relations; increased obligations require the affected member's consent.

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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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