Capitalisation of a Company by its Shareholders under Portuguese Companies Code
We are often asked about the best way for the shareholders of a commercial company to capitalise their company without resorting to third-party debt (i.e.,
The Directorate General of Legal Security and Public Faith (DGSJFP) reiterates the criterion that exclusive registrable entries, in this case of provisional cancellation, are those regulated in the exceptions of Article 96 of the Commercial Registry Regulations, which consist of the entries ordered by a judicial authority or those necessary for the reopening of the registry page and corresponding to the deposit of the annual accounts. In this sense, the criterion previously assumed, among others, in the resolutions of July 29 and September 2, 2021, is reiterated.
The Management Center elaborates the limiting criterion on the basis of article 119.2 of Law 27/2014 of November 27, 2014, on Corporate Income Tax (formerly art. 131.2 of the TRLIS) which makes any type of registration subject to the prior certification of the registration in the index of entities, so that, in compliance with the principle of legality (article 18 of the Commercial Code), the registrar cannot enter to assess “the inevitable negative consequences for the corporate management that derive from them”, as was requested in this case for the opening of the registry sheet for the entries commented and for the purposes of obtaining the digital signature that would allow the payment of the taxes owed by the company
We are often asked about the best way for the shareholders of a commercial company to capitalise their company without resorting to third-party debt (i.e.,
The regulatory environment in Spain for 2026 marks a turning point toward digitalization and corporate transparency. For small and medium-sized enterprises (SMEs), these developments should
In the coming weeks, news about the start of the 2025 income tax campaign will begin to proliferate on social media, in the general press