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Portugal

Third-party costs in security interests in Portugal

Portugal

1. Is notarisation required and are fees payable? 

Depends on type of security. Security interests on real estate assets tend to have stricter formalities.

2. Do the following securities / deeds require to be registered in the Local Property Register and what fees are payable? 

2.1 Shares pledge 

No.

2.2 Legal Mortgage 

Registration of the mortgage with the Real Estate Registry Office has a fixed cost of EUR 250.

2.3 Guarantee 

No.

2.4 Security transfer over movable assets 

No.

3. Do the following securities / deeds require to be registered at the local Registrar of Companies and what fees are payable? 

3.1 Shares pledge 

There is no public register of pledges over shares, only shareholdings (quotas) in limited liability private companies. 

A pledge will be registered (i) in the shareholding register of each company in case of limited liability public companies (sociedades anónimas), (ii) in the case of quoted company, in the accounts of the depositary (iii) in case of limited liability private companies (sociedade por quotas) with the commercial registry office which has a fixed fee of EUR 100.

3.2 Legal Mortgage 

No.

3.3 Guarantee 

No.

3.4 Security transfer over movable assets 

No. Registration required only if the movable asset is subject to registration (for example, boats, cars and motorcycles). In such case, security transfer of movable assets subject to registration shall be registered with the relevant authority upon the payment of a fixed fee as follows:

  • Boats: security shall be registered with the Vehicles Registry Office upon the payment of a fixed fee of EUR 100;
  • Cars and motorcycles: security shall be registered with the Vehicles Registry Office upon the payment of a fixed fee of EUR 65.

Please note that while the information on this page was current and accurate as at 13/1/17, it may no longer be current or accurate and so you must speak to your local CMS Banking contact if you require confirmation of any of the costs or fee levels as at today’s date!